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Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......an J.- In this Rule the petitioner was lessee under the Government of the disputed land which was treated by the Government as enemy property. 2. The petitioner obtained lease for the year 1373 BS to 1380 BS from year to year and upon such lease while they were in possession the defendants try to......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ..Category: Property Law | Date: | Hits: 75
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ...... Yunus Mia was never the attorney of late Abdus Samad Choudhury and neither the said predecessor nor the petitioners are bound by his acts and deeds and the said Yunus Mia was never authorized by any power of attorney, registered or otherwise, to act on behalf of Abdus Samad Choudhury and that the a......……………………………..Petitioners
VS.
Upazila Revenue Officer, Patiya, Chittagong & others………………………Respondents
Judgment
June 12, 1991.
Cases Referred to-
Abdul Mannan & others Vs. Kuloda Ranjan Mowali & others, 31 DLR (AD) 195; Abu Bakkar ......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ..
Category: Property Law | Date: | Hits: 91
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......e and all Magistrates shall be independent in the exercise of their judicial functions. He has then emphasised that Article 116 of the Constitution which lays down that the control which includes the power of posting, promotion and grant of leave and discipline of persons employed in the judicial se......presented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Judgment February 20, 1995. Cases Referred to- State of Assam and another, appellant Vs. Kueseswar Saikia and others, Respondents, AIR 1970 ......ndependent in the exercise of their judicial functions. He has then emphasised that Article 116 of the Constitution which lays down that the control which includes the power of posting, promotion and grant of leave and discipline of persons employed in the judicial service and Magistrates exercising..Category: Employment/Service Law | Date: | Hits: 173
....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......cultivating under-raiyat or a group of rent-receiver, cultivating raiyat or cultivating under-raiyats who has or have undertaken large scale farming on a co-operative basis or otherwise by the use of power driven mechanical appliances or large-scale dairy farming may, if he is or they are certified ......wyers involved:
Hamidul Huq Chowdhury, Senior Advocate with A.Y. Mashihuzzaman, Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record - For the Appellant.
A.W. Bhuiyan, Additional Attorney-General instructed by A.W Malik, Advocate-on-Record - For the Respondent Nos. 2 & 3.
R......forma defendant No.4. When the Civil Revision was thus pending, the petitioner filed an application for passing an order of status quo. This prayer was refused by the High Court Division. Leave was granted to consider whether the High Court Division was correct in refusing the status quo.
2. Th..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......ing the dispute, but with no effect. 11. As to the scope of section 20 and the question of jurisdiction conferred on the Court. Dr. Kamal Hossain, referred to sub-section (4) of section 20 which empowers the Court to do the following; namely, (1) order the filing of the arbitration agreement in c......pondents Judgment May 18, 1982. Cases Referred To- Dhanrajamal Gobindram Vs. Shamji Kalidas and Co., AIR 1961 SC 1285; PLD 1952 Lahore 565. Lawyers Involved: A.W. Bhuiyan, Deputy Attorney-General instructed by A.W. Mian, Advocate-on-Record - For the appellant. Kamal Hossain, Se......, therefore, arose whether the learned Judges of the High Court Division misinterpreted section 20 of the Arbitration Act as well as the Arbitration clause of the agreement as was in force. Leave was granted to consider the question. 5. Before proceeding further the relevant clause providing for ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......uestion of fact, which cannot be interfered with under section 66(1); (b) so far as the provision of section 34A of the Income Tax Act is concerned the Inspecting Joint Commissioner of Taxes has wide powers to pass any order as the circumstances of the case may justify and in view of the aforesaid p......tion under section 66(1) of the Income Tax Act, filed by the assessee-appellant. The assessee, Mrs. Zebunnessa, has got a house at 119A, Dhanmandi Residential Area, Road No.2 Dacca, which she let out to the German Institute before the War of Liberation at a monthly rent of Tk. 4,000/- per month from......ecting Joint Commissioner of Taxes and the Tribunal, that is Tk.15,000/- per month. 6. The appellant thereafter filed a petition for special leave to appeal against the said judgment and leave was granted by this Court with the observation that: “The learned Counsel appearing for the petitio..Category: Fiscal/Taxation Law | Date: | Hits: 88
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......using unbearable sufferings to the people, law and order situation has deteriorated to an alarming state seriously threatening peace, tranquillity, stability and life with dignity and bickering for power among the members of the ruling party ignoring the duty to the state and jeopardising national......………….Petitioner Vs. Hamidul Huq Chowdhury and others..............Respondents (In Civil Petition Nos. 30 & 31 of 1982) And Syed Ali...............Petitioner Vs. Director-General, BDR and others.........Respondents (In Civil Petition No. 9 of 1981) And Mofizur ......ion which are pending before the High Court Division, no judgment having yet been pronounced upon them, and (b) petitions for the special leave to appeal and appeals (whether certificated or on leave granted by the Court) pending before the Appellate Division which arose from judgments of the High C..Category: Constitutional Law | Date: | Hits: 181
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ...... Oudh have held that where an appeal is preferred from an ex parte decree and the decree is confirmed or otherwise disposed of in appeal, the Court which passed the ex-parte decree has no longer any power to entertain an application to set aside. This view was as taken in Dhonai Vs. Tarak, 12 CLJ......J Ruhul Islam J Badrul Haider Chowdhury J Md. Wasiq Khan..……....Appellant Vs. Md. Sabiq Khan and others....…….Respondents Judgment July 5, 1978. Cases Referred to- 19 DLR (Dacca) 81; Sajeda Khatun Vs. Mostafa Khatun, 28 DLR 221; Chajuram Vs. Neki, 26 CWN 6...... suit property by metes and bounds. It is alleged by the appellant that the Advocate Commissioner without going to the locality submitted a report behind the back of the appellant and he did not grant any saham to the appellant in respect of the Schedules 'A' & 'B' property although he h..Category: Procedural Law | Date: | Hits: 80
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......y Sufia Khatun, Advocate-on-Record—For the Petitioner. Mahmuda Begum Advocate-on-Record—For the Respondent Nos.2 and 3. Not Represented—Respondent Nos.1 and 4. Civil Petition for Leave to Appeal No.1173 of 2008. (From the judgment and order dated the 23rd day of September, 2007 pas...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......to these provisions will show that this Ordinance interferes with landlords right to property and freedom of contract only for the limited purpose of protecting tenants from misuse of the landlords power to evict them, by asserting their superior rights in property or trying to exploit their posit......y (Md.) @ Monjur Morshed and others.........Appellants Vs. Haji Abul Kashem Sawdagar and another........................................Respondents Judgment May 4, 2010. Cases Referred to- AKM Shamsuddin Vs. Dr. Aftab Uddin Ahmed, 12 BLD (AD) 81 = 43 DLR (AD) 230; Ramjan Ali Mistry...... to prove his bona fide necessity in reconstructing the house. With these findings the Rule was discharged by its Judgment and Order dated 1-2-1993, passed by the High Court Division. 8. Leave was granted to consider as to whether the respondent-opposite-party was a defaulter or not. 9. By now..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ...... possession and asserted that the earlier suit was bonafide and the solenama was genuine. They, however, challenged the locus standi of Md. Hanif the attorney of the plaintiff on the footing that the power of Attorney filed in the suit was a forged one. 3. Both the Trial Court and the first appe...... Panday, Advocate on-Record—For the petitioners. B.B. Roy Chowdhury, Advocate, instructed by Abdur Rab-II, Advocate-on-Record—For the Respondent No. 1. Not Represented—Respondents 2 (a) to 2(A). Civil Petition for Special Leave to Appeal No. 189 of 1977 (From the Judgment and De......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ..Category: Property Law | Date: | Hits: 63
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......ress release was issued from the CCCI stating that in an alleged “Emergent meeting” at 2 PM on 14-3-2000 a no confidence motion was passed against the petitioner on the ground of alleged abuse of power and incompetence as the President of the CCCI. The petitioner claims that no notice of any suc......000) 659. ...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......quirement of law, as contained in sub-section (17) of the Statute 46 of the Dhaka University’s election laws. As a result the respective Presiding Officers were denied from exercising their ‘full power’ to dispose of ‘all points raised in the course of polling’. This has resulted in seriou......m, Shafique Ahmed, MA Halim, Kazi Kamrul Alam and AM Aminuddin - For the Respondents. Writ Petition No. 2314 of 1999. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why the impugned notification dated 18-6-99 (Annexure-D) declaring the said election r......clear provisions of law. The whole election process suffers from fatal defects, asking the Court to interfere to safeguard the purity of election process and to ensure that election is not held in flagrant contravention of law. 38. It may be noted that the learned Advocates for the respondents ar..Category: Election Law | Date: | Hits: 105
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......res of Article 25 of the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President’s Order No.16 of 1972), shortly the Order, for the said article did not delegate any power to the Government to make rules with retrospective effect. 29. Mr. Mahmudul Islam also subm.......1 (In FA No.85 of 1997 and FA No.158 of 1999). M Nurullah with AQM Safiullah, Mohammed Ullah and Ashraf Kanial, Advocates - For Respondent Nos. 2 and 3 (In FA No.85 of 1997). Mahmudul Islam, Attorney-General - For the Appellants (In FA No. 158 of 1999). Syed Ishtiaq Ahmed with Syed Refaat ......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ..Category: Tenancy Law | Date: | Hits: 135
Jamuna Television Ltd. and another Vs. Bangladesh, 2010, 39 CLC (AD)
....concise statements within 6(six) weeks form date. The parties will be at liberty to mention the matter for early disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 141. ......concise statements within 6(six) weeks form date. The parties will be at liberty to mention the matter for early disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 141. ......……..Petitioners Vs. Bangladesh represented by its Secretary, Ministry of Information, Government of Bangladesh Secretariat, Segunbagicha, Dhaka and others........Respondents Order October 5, 2010. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (with Ajmalul Hossain Q.C., S...... the petitioner No.1 with a view to achieve its object has set up a modem television station and in that view of the matter, its Managing Director filed an application to the writ respondent No.1 for granting a No Objection Certificate (NOC) for operating terrestrial satellite television in the UHF ..Category: Information Technology Law | Date: | Hits: 585
.... in the order dated 13-7-1995 passed by learned Assistant Judge.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614.......lief. Reliance in this respect may be placed in the well-known decision Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and others PLD 1967 Dacca 190 = 18 DLR 709.
8. But in exercising this power the Court can look into the statements in the plaint alone. It cannot consider any fact stated......1 of 1995.
Judgment
ABM Khairul Haque J.- This Rule under section 115 of the Code of Civil Procedure was issued at the instance of the defendant-petitioners calling upon the opposite party No.1 to show cause as to why the order dated 13-7-1995 passed by the learned Assistant Judge, Dhamrai, Dh......s were included in the list of the vested properties, that of late, in spite of protests of the local people some bad people had been trying to construct a new building for the school with government grants in the aforesaid 0.75 acres of land and thereby destroying the easement right of the local pe..
Category: Civil Law | Date: | Hits: 94
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......avibazar setting aside the judgment and order dated 29-11-93 passed in pre-emption case No. 4 of 1987 by the learned Subordinate Judge, Moulavibazar allowing pre-emption. 2. The case of the pre-emptor petitioner Syed Sad Ali, in short, is that he instituted a case for pre-emption under section 24......as partitioned by the decree in Title suit No.126 of 1946 between Akshoy Kumar Saha Banik and Rangubala Choudhurani; and that a separate tenancy was created in favour of Ayesha Khatun by Rangubala by granting permanent lease for 99 years reserving for herself annual rent of Taka 1/-; and that Ayesha..Category: Property Law | Date: | Hits: 70
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ...... in reviving the case after such order of discharge. 7. Mr. Shueb Ahmed, learned Assistant Attorney-General, on the other hand submits that the learned Additional Chief Metropolitan Magistrate has power to revive the case since the order of discharge of petitioner was made on technical ground wit......m Master and another Vs. State, 36 DLR (AD) 58; Abdus Salam @ Salam and another Vs. State, 36 DLR (AD) 58. Lawyers Involved: MA Wahab, Advocate—For the Petitioner. Shueb Ahmed, Assistant Attorney-General—For the State. Criminal Revision Case No. 1738 of 1992. Judgment SK Sinha ......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ..Category: Criminal Law | Date: | Hits: 56
Zabbar Muhury Vs. State, 2011, 40 CLC (HCD)
....any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......………………………………….………….Opposite party Judgment February 13, 2011. Lawyers Involved: Md.Nurul Haque, Advocate-For the petitioner. Bashir Ahmed, Assistant Attorney General-For the opposite party. Criminal Miscellaneous Case No. 30068 of 2010. Judgment......s disposed of with the direction that if within the 6(six) months from date of receipt of the judgment the prosecution failed to produce any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. ..Category: Criminal Law | Date: | Hits: 46
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ......e petitioners have been in possession without any interruption and the threatening through microphone announcement to evict the petitioners is nothing but an arbitrary exercise of the executive power. The learned Counsel further submitted that the land in C.S. Dag No.164 has not been validly a......am, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. (In both the cases) Not represented- the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1360 and 1377 of 2009. (From the judgment and order dated the 20th day of April, 2......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ..Category: Property Law | Date: | Hits: 59
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