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Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)
....Instead the plaintiffs filed an application under Order I, rule 10 of CPC for striking out name of defendant No. 3 and adding the names of his legal heirs by way of amendment. Court has discretionary power to add parties at any stage of the proceedings. But if a defendant dies after filing of writte...... Present: Salma Masud Chowdhury J Golap…………………………………………….Petitioner Vs. Md. Abdul Hakim & others…………….Opposite Parties. Judgment October 23, 2002. Case Referred to- Abdul Aziz Vs. Abani Mohan, 30 DLR (SC) 221. Lawyers In......s Involved: Abdul Hoque, Advocate—For the Petitioner. Not represented— the Opposite Parties. Civil Revision No. 374 of 1999. Judgment Salma Masud Chowdhury J.- This rule was issued calling upon the opposite parties Nos. 1-4 to show cause as to why the portion of impugned order dat......al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227...Category: Procedural Law | Date: | Hits: 106
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....he trial Court, the learned Additional District Judge did not commit any illegality rather, the impugned judgment is well founded in law which cannot be interfered by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. Thus, 1 does not find any substance in th......………………………………………………..Petitioner Vs. Badsha Alam and others..................................Opposite Parties. Judgment August 30, 2005. Case Referred to- Abdul Wahab Vs. Samad Ali, 33 DLR (AD) 113. Lawyers Involved: Md. Abul Kalam Chowdhury......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ..Category: Property Law | Date: | Hits: 67
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
....l application can only be disposed of by a Court which has got the necessary pecuniary Jurisdiction. It has been further observed by the referring Bench that sub-section (1) of section 115 does not empower the High Court Division to call for the records in connection with an 'order' passed by the Jo......………………………………Petitioners Vs. Md. Hashem Ali and others………………………………………Opposite Parties. Judgment February 8, 2006. Cases Referred to- Mohammad Eshaque Vs. Ruhul Amin and others, 34 DLR 342, Abdus Salam Vs. Bangladesh, 33 DLR 14......d of by a Court which has got the necessary pecuniary Jurisdiction. It has been further observed by the referring Bench that sub-section (1) of section 115 does not empower the High Court Division to call for the records in connection with an 'order' passed by the Joint District Judge, since the pro...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... the petitioner company, the impugned six notices under section 9(1) (i) of the Bankruptcy Act, 1997 for initiating bankruptcy proceeding against the petitioners is illegal and colourable exercise of power under the law. 5. The respondent Nos. 2 and 3 have contested the aforesaid Rule by filing a......s…………………….......Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Finance and others……… Respondents. Judgment January 26, 2006. Cases Referred to- State of MP Vs. GC, Mandawar AIR 1954 SC 493; SA Sabur Vs. Returning Officer 41 DLR (AD) 41.......r Respondent No. 1. Writ Petition No. 2977 of 1998. Judgment Md. Joynul Abedin J.- Initially Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned notices being Notice No. Ohe/Agrim...... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ..Category: Civil Law | Date: | Hits: 125
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... acting Chairman on 19-11-2003. An application containing the resolution expressing no confidence in the petitioner was filed to the UNO by seven members of Union Parishad. The UNO in exercise of his power under section 16(1) of the Ordinance, 1983 served notice upon all the members including the pe......pondent No. 5. Writ Petition No. 1259 of 2005. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned memo (Annexure-B) dated 23-2-2003 issued by respondent No. 5 fo......owdhury, Advocates —For Respondent No. 5. Writ Petition No. 1259 of 2005. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned memo (Annexure-B) dated 23-2-2003 ......l Government (Union Parishad) Ordinance, 1983 (in short, the Ordinance). On 23-2- 2005, the Upazila Nirbahi Officer (UNO), Anwara issued a letter upon the petitioner asking him to remain present at a meeting scheduled to be held on 28-2-2005 at the Union Parishad Office for holding the election of a..Category: Election Law | Date: | Hits: 83
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....Mr. Mujibur Rahman, learned Advocate, on the other hand, submits that after deletion of Chapter XVIII by the Law Reform Ordinance No. XLIX of 1978 with effect from 1st June, 1979, a Magistrate having power to take cognisance of an offence has no power to take cognisance of an offence in respect of a......)…………………………………Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment April 18, 2005. Cases Referred to- Amar Kumar Thakur and others Vs. State 1988 BLD (AD) 101 = 40 DLR (AD) 147; Hajee Md. Ahsanul......nts of all the witnesses recorded under section 161 Cr.P.C. along with the first information report, the police report, the record of the case at this late stage is not necessary; the application for calling for the record is accordingly rejected. 2. Facts relevant for the disposal of the Rule ar......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..Category: Criminal Law | Date: | Hits: 49
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....doctrine of promissory estoppel cannot be used to compel the public bodies or the Government to carry out the representation or promise which is contrary to law or which is outside their authority or power. Secondly, the estoppels temps form equitable doctrine. It, therefore, requires that he who se......the DC, Comilla………………Appellant Vs. Md. Eakub and others.................................................................Respondents. Judgment March 25, 2004. Cases Referred to- Howell Vs. Falmouth Boat Construction Ltd, [1951] 2 All England Reports 278; Delhi Cloth and ......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....-92. Meanwhile, due to administrative deadlock the Daily Ittefaq was not published from 28-12-93 to 3-1-94 and with the resumption of the publication of the Daily Ittefaq Mr. Anwar Hossain by show of power and using muscle power of his political patty got his name forcibly published as Editor withou...... Hossain and others……………………………….Respondents. Judgment January 28 & 29, 2003. July 14, 2003. Result: The Rules are made absolute without any order as to cost. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others, 27 DLR (AD......ct are involved in all these three writ petitions. Rules in all these writ petitions are heard and disposed of by this single judgment. 2. In writ petition No. 3773 of 1996, Rule Nisi is issued calling upon the respondent No.1 Mr. Anwar Hossain, to show cause as to why he should not be prohibi......ourt. 47. In the case of Himat Lai K Shah Vs. Commissioner of Police, Ahmedabad and others, AIR 1973 SC 87, there arose an important question as to the right of citizens in India to hold public meetings on public streets and the restriction which can be placed on that right. By the time the ca..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....apur was declared as a Customs Port for the purpose of unloading of imported goods and loading of goods for exports by the National Board of Revenue by notification dated 23-6-1987 in exercise of the powers conferred by section 9(a) of the Customs Act, 1969. On 26-6-2001, respondent No. 5 wrote a le...... Ahmed J Jahangir Hossain Howlader (Md.) …………………………………..Petitioner Vs. CMM, Dhaka and others...........................................Respondents. Judgment October 30, 2004. Result: The Rule is made absolute. Cases Referred to- State of West Beng......For the Respondents. Writ Petition No. 1034 of 2002. Judgment Syed Mahmud Hossain J.- This Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned criminal proceedings being BACGR C......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ......tation, Tejgaon, District-Dhaka CS khatian No. 37 plot No. 99 and CS khatian No. 57. CS plot No. 102, area 1.0925 acres had been purchased by the plaintiffs. Before purchasing the land the plaintiffs took clearance from the defendant’s No. 5 to the effect that the land is not required for their pr......rdinate Judge (Now Joint District Judge), Dhaka, in Title Suit No. 10 of 2001 rejecting the petitioners' application for injunction filed under section 151 of the Code of Civil Procedure (hereinafter called "the Code"). 2. The petitioners as plaintiffs instituted Money Suit No. 10 of 2001 in the ......he opposite party No. 5 requested the opposite party No.1 vide Memo dated 11-5-1994 to issue a formal permission' clearance to the petitioners for construction of the said hotel. RAJUK in their Board meeting held on 8-6-1997 took decision on the matter and they informed the opposite party No. 5 that..Category: Civil Law | Date: | Hits: 99
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
.... resulting in erroneous decision occasioning failure of justice and the High Court may make such order in the suit or proceeding as it thinks fit." 15. Section 115 of the Code of Civil Procedure empowers the High Court Division to interfere in revision if the subordinate Court committed an error ......Guha and others……………………………………Petitioners Vs. Mahbubul Mannan Chowdhury and others................Opposite Parties. Judgment December 7, 2005. Cases Referred to- Ainal Kumar Vs. Moshiur Rahman, 30 DLR (SC) 244; Shahazada Md. Umar Bag Vs. Sultan Malvmid Kh......ying the operation of the order dated 5-5-2004 passed by the learned Joint District Judge, 2nd Court Chittagong and the learned District Judge, admitting the revision, notified the opposite party and called for the lower Court's record and also directed the opposite parties Nos. 1 to 3 to show cause......s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100...Category: Procedural Law | Date: | Hits: 77
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
.... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......………………………Accused-Appellant Vs. State …………………………………………………………………Respondent. Judgment August 21, 2002. Cases Referred to- State Vs. Abul Kalam, 5 BLC 230; State Vs. Eunnus Kha, 5 BLC 253; the State represented by th......Fazar prayer and on hearing hue and cry he went to the house of the accused and heard that Mannan's wife committed suicide by hanging herself. Then they were talking about doctor and at that time the call for the Fazar prayer was heard and he went to mosque. Then he came again and saw the dead body ...... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ..Category: Criminal Law | Date: | Hits: 96
Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....1999 both passed by the respondent No.2 and that the appoints of Nikah Registrars are governed by the Muslim Marriages and Divorces (Registration) Act (Act III of 1974), the Act, and by virtue of the powers conferred upon the Government by section 14 of the said Act the Government framed "The Muslim......tary Affairs and others, 16 BLD (AD) 110. Lawyers Involved: Mohammad Hossain, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-record-For the Petitioner. Civil Petition for Leave to Appeal No. 474 of 2007. Judgment Md. Tafazzul Islam J.- This petition for leave to appeal i...... are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 ......ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ..Category: Civil Law | Date: | Hits: 105
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
....it petitioner stated, "Even after getting this .16 acre of land the petitioner Md. Samsur Rahman Sardar constructed some valuable shops and assets upon the land by huge expenditure of money and man power." The expression 'building' has been defined in section 2(a) of the Ordinance, which means "an...... Md. Muzammel Hossain J SK Sinha J Jahangir Alam (Md.) and another ...............Appellant Vs. Md. Shamsur Rahman Sarder & others……………….Respondents Judgment October 27, 2010. Lawyers Involved: TH Khan, Senior Advocate, instructed by Md. Nawab Ali, Adv...... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ...... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
....ed and reappointed in their respective colleges before coming into force of the Rules of 2000. On perusal of these rules, we find that these rules have prospective operation. The legislature has full power to make a law retrospective so as to destroy a right or a remedy altogether but this must be e...... Judgment December 5, 2010. Case Referred To- Ms. Shivanandan Vs. Karnataka State Road Transport Corporation (1980) 1 SCC 149. Lawyers Involved: Akram Hossain Chowdhury, Deputy Attorney General instructed by B Hossain, Advocate-on-Record—For the Petitioners. (In all the cases)......on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21...Category: Employment/Service Law | Date: | Hits: 91
....rs that the decision of the Review Penal appears to be beyond its jurisdiction.
14. Clause 50 of the Tender Document Provides that the employer has absolute authority to accept or reject the bid empowered by law which has invited the re-tender refusing or accept any bid. The direction of the High...........................Appellants
Vs.
EPI-BFEW Consortium & others..................Respondents
Judgment
February 18, 2010.
Result:
The appeals are allowed without any order as to costs.
Lawyers Involved:
Ahsanul Kabir, Advocate instructed by Md. Zahirul Islam, Advocate-......on before the High Court Division challenging the decision of the Cabinet Purchase Committee dated 21-8-2006 and published in The Daily Janakantha dated 22-8-2006 directing the respondent Nos.3-5 for calling re-tender though the writ petitioner become the only responsive bidder for getting award of ......g with 7 other bidders on 28-9-2005. Out of these bidders, 4(four) were considered by the Technical Evaluation Committee(TEC) of CWASA as responsive and were invited to attend the tender adjustment meeting (TAM) for the purpose of clarifying, modification, if any and agreement with individual bidd..
Category: Others | Date: | Hits: 164
Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)
....war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......e………………………………………………………...Respondent Judgment February 24, 2011. Lawyers Involved: Not represented- the appellant. Md. Jashimuddin, Assistant Attorney General - for the respondent. Criminal Appeal No. 3368 of 2004. Judgment Md. Ruhul Q......at the prosecution has proved its case beyond reasonable doubt, and as such the learned Judge of the Tribunal rightly passed the impugned judgment and order of conviction and sentence, which does not call for any interference. 7. We have gone through the evidence and other materials on records. I......war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 44
State Vs. Mirza Abbas, 2010, 39 CLC (AD)
....own arrested in this case on 27th June, 2010 and the case is still under investigation. Since the High Court Division on consideration of the accused respondent's ailments exercised its discretionary power in favour of enlarging him on ad-interim bail, we are not inclined to interfere with the discr...... Md. Muzammel Hossain J Surendra Kumar Sinha J The State........................................Petitioner Vs. Mirza Abbas....................................Respondent Judgment October 4, 2010. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by Mrs. Sufia Kha...... the case at this stage. We find no merit in the contention of the learned Attorney General. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 114....... the case at this stage. We find no merit in the contention of the learned Attorney General. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 114...Category: Criminal Law | Date: | Hits: 42
....fendants decree holder from enjoyment of the fruit of the decree. In the meantime 16 years have passed under the coverage of the instant vexatious litigation. In view of the above and in applying our power conferred under section 35 A of the code of civil procedure, we award a cost at taka 1, 00, 00......ে কবলা পাওয়ার অধিকার waive করিয়াছেন। এবং বর্ণিত অপর জারী ২০/৮৫ ইং মামলা বাতিল infructous, জারী অযোগ্য এবং তৎদ্বারা মূল বিবাদ......the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
......the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....gladesh on 15.10.1998, and prohibits the arbitrary deprivation of life. He submitted that any inflexible death sentence prescribed by any law is arbitrary since thereby the legislature takes away the power of decision from the judiciary. He pointed out that Article 6.5 of the ICCPR provides that the......'s Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others .......................Respondents Judgment March 2, 2010. Result: The Rule is made absolute in part. Cases Referred to- Sheela Barse and another Vs. Union of India and others, AIR 1986 Supreme Court 1773; Hussain ......it Petition No. 8283 of 2005. Judgment Md. Imman Ali J.- This Rule Nisi was issued upon an application by the petitioners under Article 102(1)(2)(b)(i) read with Article 44 of the Constitution calling upon the respondents to show cause as to why section 6(2) of the Nari-o-Shishu Nirjatan (Bis......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..Category: Criminal Law | Date: | Hits: 128
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