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Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......relief can be granted only in aid of, and as ancillary to, the main relief which may be available to the party on final determination of his right in the suit. If this be the purpose to achieve which power to grant temporary relief is conferre4 it is inconceivable that where the final relief cannot ......st Pakistan and another Vs. Md. Mehedi Ali Khan and others, 11 DLR (SC) 318. Lawyers Involved: Sk Afzalur Rahman with Emdadul Huq Azad, Advocates—For the Petitioner. Abdul Quayum, Deputy Attorney-General—For Opposite Parties. Civil Revision Case No. 2164 of 1999. Judgment SK Si......ring 3.69 acres of land of Khatian No.322 are not retainable land under the provisions of the State acquisition and Tenancy Act. The management of the said hat was given to the Mutawalli as per lease granted by the Government vide order No. VII/376/73(1) 125 ME dated 10-2-1975 and 1382 BS and in pur..Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......who, in fact, signed Annexure-A of his own in his personal capacity. Since this letter, Annexure-A, does not indicate that this statement was asked for by the Election Commission, which alone had the power to do so, it could not be sustained in law. Such act of asking for the statement by the Deputy...... Writ Petition No. 1642 of 2000. Judgment Md. Joynul Abedin J.- This Rule Nisi under Article 102 of the Constitution of the People’s Republic of Bangladesh Was issued calling upon respondents to show cause why the notice being No. Election Commission/Law/Sangsad/Dispute/2O/(1)/96(Part-1)/20 ......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..Category: Constitutional Law | Date: | Hits: 196
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....ovo is contrary to law and thus the impugned judgment and decree is an error of law in its decision occasioning failure of justice. He has further submitted that the relief of Specific Performance is discretionary of the Court and section 22 of the Specific Relief Act provides clearly that Court is ......mand as ordered by the High Court Division. i.e. the principle laid down in a case of remanding the appeal or revision, etc.” 10. Mr. KZ Zaman, the learned Advocate appeared by executing a fresh power in favour of the opposite party No.2 (defendant No.3), House Building Finance Corporation, Khu......te—For the Opposite Parties. Civil Revision No. 4197 of 1998. Judgment NK Chakravartty J.- This Rule at the instance of defendant-appellant-petitioner was issued calling upon the opposites to show cause as to why the impugned judgment and decree so far it relates to remand of the case for......ailure of justice. He has further submitted that the relief of Specific Performance is discretionary of the Court and section 22 of the Specific Relief Act provides clearly that Court is not bound to grant such relief earlier because it is lawful to do so, in remanding back the case the exercise of ..Category: Civil Law | Date: | Hits: 71
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....d to legal character or to any right as to any property and it warrants this kind of relief only under certain special circumstances. Relief enshrined under section 42 of the Specific Relief Act is a discretionary relief and the said discretion is to be exercised on sound judicial principles. 19.......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......rtson Vs. Minister of Pensions 1 KB 227 (LR) Kings Bench Division; Central London Property Trust Ltd. Vs. High Trees House Ltd. 1947 QB 30. Lawyers Involved: Bhivash Chandra Biswas, Assistant Attorney-General —For the Petitioners. Md. Nurul Huq with, AKM Shahidul Huq, Tania Siddiqua and C...... be well founded on law and rooted in evidencing both oral and documentary backed by materials brought on record and those do not suffer from any patent illegality, legal infirmity, perversity and flagrant error of law warranting any interference by this Court in the exercise of Civil Revisional Jur..Category: Property Law | Date: | Hits: 83
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......m. 3. Defendant No.2 appeared by filing a written objection and denying the material allegations made in the application for injunction, contended that the Government in exercise of the statutory powers, refixed the rate of gas for industrial category with effect from 2-6-79 as per Government No...... Rule No. 205 (fm) of 1984. Judgment Ranadhir Sen J.- This appeal is directed against the order dated 11-4-84 of the learned Subordinate Judge refusing a prayer for temporary injunction in mandatory form. 2. The plaintiff filed the suit for declaration that the action of the defendants in d......ound that “the gas line of the plaintiff was disconnected on 28-12-83 i.e. 25 days before, the filing of the suit” and according to the learned Subordinate Judge mandatory injunction coul4 not be granted to establish a new state of fact different from those existing on the date of institution of..Category: Others | Date: | Hits: 132
.... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
...... his tender was the highest. Even if it were the highest offer, he by that offer did not acquire any right to purchase the vessel, as his offer was not accepted by the corporation which reserved full power to reject any offer, and no agreement was concluded with him.” In the case of Shafique Ahmed...... Reported in: 51 DLR (1999) 208.
...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
..
Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......t: Kazi Ebadul Hoque J Md. Awlad Ali J Shahid Mia and anothers………….…Petitioner Vs. State……………………Respondent Judgment December 6, 1998. Cases Referred to- Monjurul Hoque vs. State 14 BLD 604, Dula Miah vs. State 44 DLR 209, Riasat Ali vs. Ghulam Mo......plete the trial within 3 months failing which to consider the prayer for bail of the appellants. It appears that trial has not yet been completed In spite of the same learned Special Tribunal did not grant bail to the appellants. It appears that the appellants are alleged to have been caught red han..Category: Criminal Law | Date: | Hits: 35
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......use the privilege of bail in the facts and circumstances of the case as noticed above it is not correct to say that they did not misuse the privilege of bail. Additional Sessions Judge has concurrent power as that of the Sessions Judge. As soon as a case is transferred from the Court of the Sessions......rLJ 1981 page 229, 11 BLD (AD) 64 (1991), BCR 1987 (AD) 143, CrLJ 1982 page 2109 PLD 1972 (SC) 81. Lawyers Involved: Mahbubur Rahman, Advocate — For the Petitioners. M A Rouf, Assistant Attorney-General — For the State. Criminal Miscellaneous Case No. 2030 of 1908 Judgment Kaz......S Case No. 19 (1) of 1996. Summary of the same as well as the written submissions is as follows: (1) None of the petitioner has been named in the FIR. (2) They had enjoyed the privilege of bail granted at first by the Chief Metropolitan Magistrate and then by the Sessions Judge. (3) They ne..Category: Criminal Law | Date: | Hits: 33
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88....... time after institution of the suit. 17. Such provision is now well settled to enable an appellant as well to withdraw the appeal along with the suit. 18. Sub-rule (2) of rule 1 of said Order empowers a court to allow a plaintiff to institute a fresh suit for the same subject matter of a suit ......……………………………………...Appellant Vs. Jamir Hossain and others…………………………………………..Respondents Judgment August 8, 2004. Cases Referred to- Atul vs. Rau Kishore, AIR 1956 Orissa 77, Muhammad Din vs. Atta Muhammad and others, PLD 1957....... It is a defect of form prescribed by the rules of procedure, if it goes to the root of the suit, it is not a formal defect. Even when there was no such 'formal defect' the Court is not powerless to grant the same prayer if justice demands. 21. So, ultimate discretion rests with the Court. The C..Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ....................................................Petitioners Vs. Sonali Anash Trading (Pvt) Ltd. and others .........................Opposite Parties Judgment July 21, 2004 Cases Referred to- MA Naser vs. Chairman, Pakistan Eastern Railways, PLD 1965 (SC) 83; Serajuddin Bepari and oth......respect of Birla brand tyres and obtained an ex parte ad-interim injunction on those terms. 5. On their further application for temporary mandatory injunction by order dated 14-8-03 the Court also granted an ex parte ad interim order of mandatory injunction directing aforesaid pro forma defendant..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......and is accepted by the trial Court on the basis of evidence on record, such report should not be interfered with in appeal unless there is any mistake, resulting in miscarriage of justice. 18. The power of the Commissioner is limited by the warrant which issued to him. He is required to divide th......i Sheikh (Md) & another .......................Petitioners Vs. Md. Karam Ali Sheikh & others ............................Opposite Parties Judgment July 21, 2003. Cases Referred to- Md. Sadiq vs. Basgit Sah and others, AIR 1926 (Patna) 159; Thottamma vs. CS Subramaniyyan and......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... Of course, when a Martial Law Court or Tribunal has acted without jurisdiction or such Court or Tribunal is not properly constituted, that is to say, is coram non judice, or has acted mala fide, the power of the superior Courts under Article 102 of the Constitution in an appropriate case may be exe......azlur Rahman J Syed Abdul Alim alias Lalu …………………Petitioner Vs. DC, Dhaka and others ……………………….Respondents Judgment November 16, 2005. Cases Referred to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Shahriar Rashid Khan vs. Bangladesh and others......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ...... an agreement to sell the property to the plaintiff at a consideration of Taka 10,00,000 and on receipt of Taka 9,70,000 on 8-9-86 executed an agreement. 5. Then, on 25-7-90 said defendants gave a power of attorney to Shamsul Huq to execute and register necessary sale deed transferring said sched......gal Bricks Industries Ltd………………………….Appellant Vs. Al-haj Md. Ishaque Chowdhury and others.........................Respondents Judgment July 19, 2004. Cases Referred to- Md. Yaqoob Khan vs. Sahib Khatoon and others, (1998) 20 CLC 1576; Mukhtar Baig vs. Sardar Ba......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......que…………………………………………...Appellant Vs. Luna Fahmida Rahman and others……………………. Respondents. Judgment January 21, 2004. Cases Referred to- Nurjahan Begum vs. Mahmudur Rahman Mullick, 34 DLR (AD) 61, Hasan Ali vs. Jytendra Biswas, 1......d otherwise by law of limitation. As Luna and Dana, being the true owners, instituted the suit for possession on 19-5-97 well within the period of limitation, learned Joint District Judge has rightly granted them a decree for possession. 66. When the deed of sale dated 13-12-67 is found to be not..Category: Property Law | Date: | Hits: 139
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ......lauses Act, 1897 which runs as follows: "Powers conferred to be exercisable from time to time— (1) Where, by any Act of Parliament or Regulation made after the commencement of this Act, any power is conferred, then, unless a different intention appears, that power may be exercised from tim......Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. Lawyers Involved: Md. Sadullah, Advocate—For the Petitioners. Syeda Afsar Jahan, Deputy Attorney-General—For the Respondents. Writ Petition Nos. 3762, 3763, 3764, 3765 of 2005 Judg......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ..Category: Business or Commercial Law | Date: | Hits: 234
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14....... to accept the co-exclusivity clause of the Licence Agreement. As a result, discussion took place but in spite of objection of the petitioner. BTRC by memo dated 20-4-2004 (Annexure-A) in exercise of power under section 90 of the BT Act deleted co-exclusivity clause from the Licence Agreement permit......……………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Judgment April 23, 2005. Cases Referred to- Bangladesh Power Development Board and others vs. Md. Asaduzzaman Sikder, 9 BLC (AD) 1, Bangl......ly known as mobile phone. By the agreement, BTL was given exclusive right to operate mobile telephone for 5 years. The agreement contained a clause for arbitration. Pursuant to the agreement, BTL was granted licence under section 4 of the Telegraph Act. Later on, exercising power under section 8 of ..Category: Information Technology Law | Date: | Hits: 321
.... namely, Writ Petition No. 28 of 2002. The learned Assistant Attorney-General further submits that the power conferred upon the Government either under section 14(1) or section 7(1) of the VAT Act is discretionary but it is not absolutely unrestricted and pursuant to that authority the Government mu......as issued as per provision of section 14(1) of the VAT Act allowing 100% waiver of supplementary duty on some products like air conditioner, colour television and other electrical appliances and that power has been exercised by the Government under section 14(1) of the VAT Act and the Government has......………………….Petitioner
Vs.
Secretary, Internal Resources Division, Ministry of Finance and others....................... Respondents.
Judgment
August 5, 2005.
Cases Referred to-
Federation of Hotel and Restaurant vs. Union of India and others, AIR 1990 (SC) 1664, Messrs ......uthority to exempt VAT and exemption of VAT on one goods does not create any right to exemption in respect of a different commodity and there is no such restriction on the Government in the matter of granting exemption and the impugned notification is neither irrational nor unreasonable. It is also ..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......gladesh and others………………………. Respondents. Judgment August 13, 2005. Lawyers Involved: Md. Tashadduk Hasan, Advocate—For the Petitioner. Ms. Nahid Mahtab Assistant Attorney-General—For Respondent No. 1. Sheikh Razzaque Ali with Munshi Ahsan Kabir,Advocates—Fo......ke lease of the said Cattle Hat at Taka 22 lac plus other charges which was higher than the amount quoted by the respondent No. 7 his bid should be accepted and lease of the said Cattle Hat should be granted in his favour, failing which the government will lose revenue to the tune of Taka 2,35,000. ..Category: Others | Date: | Hits: 114
.... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......ot only acted without jurisdiction in sending the matter to the Ministry of Land without deciding the matter himself with untenable observations but also did so in colourable exercise of his official power. The impugned order dated 3-6-1998 passed by the Additional Deputy Commissioner (Revenue) Sylh.......Respondents.
Judgment
March 28, 2001.
Lawyers Involved:
JN Deb, Advocate—For the Petitioner.
ABM Mostafa Kamal, Advocate—For Respondents No. 4.
Abul Hossain Azadi, Assistant Attorney-General— For the Respondents.
Writ Petition No. 1895 of 1999.
Judgment
Md. Joynul...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
..
Category: Property Law | Date: | Hits: 95
.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......les or Order of the Code dealing with the case of non-appearance of a suitor were inapplicable to a situation when the suitor is dead- Quite apart from section 151 CPC the Court possesses an inherent power to rectify its mistake committed inadvertently. In this reported case the learned Judge placed......1993.
Judgment
Md. Shamsul Huda J.-This Rule arises out of an application section 115(1) of the Code of Civil Procedure by Afitan Nessa and four other petitioners call upon the opposite parties to show cause as to why the impugned order dated 13-6-1993 passed learned Assistant Judge, Ghoraghat...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502...
Category: Procedural Law | Date: | Hits: 106
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