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Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155....... view of the fact that the same does not manifest the application of mind of the Government in the formation of its opinion that due to initiation of the aforementioned criminal cases the exercise of powers by the petitioner as Chairman of the Upazila Parishad would likely be prejudicial to the inte...... J Anwar Hossain Majhi.....................................Petitioner Vs. Government of Bangladesh & others...............Respondent. Judgment December 5, 1989. Cases Referred to- 1981 BLD (AD) 196 Md. Abdul Hai Bhuiyan Vs. Secretary, Ministry of Local Government, Rural D......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155...Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ...... shall pass an order stating the reasons thereof either rejecting the application or allowing it wholly or in part. It, therefore, appears from the above provisions that the prescribed authority is empowered to give a finding whether a certain property declared as abandoned property is actually aban............................................ Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others.......Respondents. Judgment August 20, 1990. Cases Referred to- 16 DLR (SC) 453, 17 DLR (SC) 457, 14 CWN 31; 87 CIJ 217. Lawyers Involved: MI Farooqu......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......s without jurisdiction and abuse of the process of the Court. 3. Mr. Azizul Haque Chowdhury, the learned Advocate appearing for the petitioner, submitted that Labour Court has been vested with the power of a Magistrate, 1st Class under section 36(3) of the Industrial Relations Ordinance, 1969 to ...... J Kazi Ebadul Hoque J Kamaluddin Chowdhury................Accused‑Petitioner. Vs. Mashiudwllah and another............Opposite Parties. Judgment August 6, 1990. Case Referred to- Kalipada Saha Vs. The State, 1985 BLD (AD) 278. Lawyers Involved: Azizul Haque Chowdhu......, 1st Class, Sitakunda after examining the complainant opposite party on oath issued summons on the petitioner under sections 54 and 55 of the said industrial Relations Ordinance and after appearance granted bail to the petitioner; that the petitioner filed an application under section 241A of the C..Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....pon the High Court Division and the District Judge to transfer, withdraw suits, appeals and other proceedings at any stage on the application of the parties or suo motu. The power under Section 24 is discretionary in nature which must be exercised judiciously not capriciously or arbitrarily but for ......tioner, perused the leave petition, impugned judgment and order passed by the High Court Division and all other connected papers on record. Section 24 of the Code of Civil Procedure confers a general power upon the High Court Division and the District Judge to transfer, withdraw suits, appeals and o......953 Ori 46. Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Mazibar Rahman, Advocate-On-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 80 of 2010. Judgment Md. Muzammel Hossain J. - This civil petition for leave to ......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ...... certiorari setting aside the decision of the Chief Constable. The aforesaid decision of the Court of Appeal of England has no application in Bangladesh in the matter of exercise of the extraordinary power in writ jurisdiction under section 102 of the Constitution in view of the provision of Article.....................................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Government of Bangladesh and others..............Respondents.
Judgment
March 19, 1990.
Cases Referred to-
SP Sampath Kumar Vs. Union of India, AIR 1987 SC 386; Md. Serajul Islam Vs. Director General......egulation 7 amounted to such a serious departure from the police discipline procedure that, even though the internal right of appeal had not been exhausted, the Court would exercise its discretion to grant judicial review and accordingly the Court of appeal granted the judicial review and made order..
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ...... an irreparable loss to the plaintiffs by giving rise to contigencies that was not available at the time of passing the injunction order the learned Subordinate Judge erred in not exercising inherent power under section 151 of the Code of Civil Procedure in modifying the order of temporary injunctio...... as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ...... attachment. But the defendant sold the property before the disposal of the suit. The plaintiff thereafter applied for proceedings for Contempt of Court against the defendant. The application was not granted. In this case the defendant in violation of the undertaking given by the defendant sold the ..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ......dur Rouf J Durgarani Sarkar ....................................Petitioner Vs. United Bank of India Ltd. and others..........Opposite Parties. Judgment June 28, 1989. Cases Referred to- HN Fabrics Ltd. Vs. Mallick Textile Industries and others, 37 DLR (AD) 126. Lawyers Invol...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......construction of section 9 read with Order 46 rule 7 of the Code of Civil Procedure, wherein it has been categorically provided that trial of Small Cause case by a Court not invested with Small Courts power is not a nullity when noted objection to such trial was taken initially. The learned Advocate ......an J Wahida Rashid (Most) and another....................Petitioners Vs. Miron Muhammad Zahidul Hoque......................Opposite Parties. Judgment August 16, 1990. Cases Referred to- Chockia Thevar Vs. Shanmugasundaram Chetliar and another, AIR 1965 (Madras) 610; Chief Kwame...... 20. Mr. Rahim in support of his contention has referred to section 10 of the Premises Rent Control Ordinance wherein it has been provided: Section 10. "No person shall, in consideration of the grant, renewal or continuance of a tenancy of any premises: (a) claim, receive or invite offers o..Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......n Chowdhury J Sheikh Mohd. Salimullah.....................Petitioner Vs. Shafiqul Alam ...................................Opposite Party. Judgment September 19, 1990. Cases Referred to- 23 DLR 113, 42 DLR 140, 1984 BLD (AD) 8, 1981 BCR 450. Lawyers Involved: M Gholam Rab....... 1397 of 1978 the learned Advocate for the opposite party submits that as the matters are not the same and as the issues in the suits and the revisional applications are different this Court may not grant the order of stay as prayed for. He further submits that the decision of the House Rent Contro..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....nd July, 2008 could have made on 22nd May, 2008 in the Adalat and therefore, it is apparent that he has not come to the High Court Division with clean hands. Therefore, he was legally entitled to any discretionary relief under Article 102(2) of the constitution. 9. An amicable settlement for paym......alat, 55 DLR (AD) 13, this Division approved the views taken in Islami Bank Bangladesh Vs. Md Shafiuddin, 52 DLR (AD) 76, wherein it was held that the Artha Rin Adalat is a civil court having all the powers and jurisdiction of the civil procedure Code subject to the provisions of the Ain, held as un...... Fariduddin Mahmud...........................................Appellant Vs. Md. Saidur Rahman and others ...........................Respondents Judgment June 10, 2010. Cases Referred to- Lindsay Petroleum Vs. Prosper Armstrong Hurd (1874)5 PC 221; Antibiotic Stores Vs. Subordinat......medy for enforcing it, the remedy provided by that statute only must be availed of. 20. The remedy under Article I02(2)(ii) being, in general, discretionary the High Court Division may refuse to grant it where there exists alternative remedy unless there are good grounds therefor. Whenever a pe..Category: Civil Law | Date: | Hits: 113
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......ecial skill and the earnest money deposited by him was accepted by the Mill authority and that being the position the non‑consideration of the petitioner's tender at all is an arbitrary exercise of power by the Mill authority and also of the Government in the Ministry of Industry, because the peti......l Haque Choudhury J
KM Hasan J
Shafiq Ahmed………………Petitioner
Vs.
Chairman, Bangladesh Chemical Industries Corporation and others……..........Respondent
Judgment
October 28, 1992.
Cases Referred to-
M/s Hossain Ahmed Vs. M/s HD Hossain and Brothers, 32 DLR (......e mere fact the contract had knocked down in his favour, the acceptance being subject to sanction, the appellant's relief for a mandamus to confirm his right to the licence for 1953‑54 could not be granted.”
17. After quoting with the approval the above decision their Lordships of the Appella..
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
.... their respective business they are necessary parties to the suit and their presence would be necessary for proper adjudication of the issues. The power to be exercised under Order 1 rule 10 CPC is a discretionary one and has to be exercised judicially. The foundation of the petitioners' case is tha......holding as sub‑tenants under Syed Ahmed and running their respective business they are necessary parties to the suit and their presence would be necessary for proper adjudication of the issues. The power to be exercised under Order 1 rule 10 CPC is a discretionary one and has to be exercised judic......ur Rahman J Nurul Absar Chowdhury and others…….........Petitioners Vs. Haji Abdul Hoque Sowdagar.......................Opposite Parties. Judgment August 16, 1990. Cases Referred to- Messrs Importers and Manufacturers Ltd. Vs. Pheroze Fraturoze Taraporewala and others, 1953 ......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ..Category: Property Law | Date: | Hits: 67
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......and others...........................Respondents. Judgment August 16, 1990. Lawyers Involved: M1 Farooqui with M Saleemullah, Advocates - For the Appellant. Kaiseruddin Ahmed, Deputy Attorney General ‑ For the Respondents. Appeal from Original Decree No. 107 of 1987. Judgment ...... 10. The learned Subordinate Judge came to the finding that the plaintiff filed many papers which amply proved his right, title and interest in the suit property. The plaintiff asserted that he was granted lease for 99 years by the Government and he was in that house till the liberation of Banglad..Category: Property Law | Date: | Hits: 73
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......f the two agencies of the same Government must receive disapproval of this court. A luxury litigation, defying the decision to settle the dispute "once and for all" through arbitration of a very high power committee of the Government, should not be encouraged. In recording disapproval I seek support......om. 245; All India Groundouts Syndicate Ltd. 1949 Cal. 350; 1952 Patna 66; Kashinathsa Yamosa Kabadi Vs. Narisngsa Bhaskarsa Kabadi, 1961 SC 1077; Kashinathsa Yamosa Kabadi, 1961 (SC) 1077; KDH Laboratories Ltd. Vs. Pubali Bank and others, 40 DLR 1; M/s Adamjee Jute Mills Ltd. Vs. Chairman, Third La...... 27, 1982 wherein it is stated, amongst others, that a joint application for extension of Lime was filed before the appropriate court, namely, Subordinate Judge, 3rd Court, Dhaka which was ultimately granted on 24.5.82. The Arbitrator notified the parties on 26.5.82 for the next sitting to be held o..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......ted and partisan and the learned Assistant Sessions Judge has further committed illegality in relying upon the Photostat copy of the post mortem report in the absence of the doctor in exercise of the power under Section 509A of the Code of Criminal Procedure, but without compliance of the requiremen...... Vs. State……………………………………………………………………Respondents Judgment September 3, 1992. Result: The appeal is dismissed. Cases Referred to- Abdul Karim Vs. State and others, 1981 BLD, (AD) 200; Sultan Muhammad Vs. Crown 1955 PLD Laho......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......titioner. Ali Mostafa Khan with Ms.Nahid Sultana, Advocates-For the Respondent. Writ Petition No. 3002 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adala......cation, postpone the sale of the property comprised in order for sale on such terms and for such period as it thinks proper, to enable him to raise the amount. “(2) In such case the Court shall grant a certificate to the judgment-debtor authorizing him within a period to be mentioned therein, ..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
.... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......an offer letter. It is further stated that since the matter is purely a commercial one which is not amenable to the writ jurisdiction; at best the petitioner may claim for compensation for it because power of cancellation is absolutely within the respondent No.3 as per tender notice Annexure-A to th......is also Reported in: ...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 133
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70......., for the interest of the Waqf Estate and that of the beneficiaries, has taken action under the authority vested in him by the Waqf Ordinance. 5. Mr. Maqsudur Rahman, the learned Advocate, filed a power on behalf of the respondent No.1, the Waqf Administrator. 6. The impugned order addressed t......me Court High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Tobarak Ali Sikder.....................Petitioner Vs. The Administrator of Waqfs……………...........Respondents Judgment November 4, 1992. Cases Referred......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......ppeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35.......g or calling for an explanation. Rule 51 of the Bangladesh Legal Practitioners and Bar Council Order and Rules, 1972 runs as follows: “51. The Tribunal after a case is referred to it, shall have power to suspend the Advocate concerned, pending enquiry against him and to vary or rescind such ord......Supreme Court) in this application under Article 102 of the Constitution prays for issuance of a Rule Nisi upon respondent Nos. 2 and 3 of the Tribunal No.1, Bangladesh Bar Council, Dhaka asking them to show cause why the order dated 13.3.91 (Annexures 1-3 ) passed by the respondent Nos. 2 and 3 sho......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35...Category: Employment/Service Law | Date: | Hits: 94
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