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Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... belongs to the realm of contract and was first enunciated by some American Judges in construing the American Constitution. This doctrine of waiver can be invoked when the constitutional or statutory power or guarantee of a right is not conceived in public interest. But, if the privilege conferred o......arty in the Parliament. 3. While the petitioner was continuing Member of Parliament he was convict criminal case, popularly known as Janata Tower, on 7-6-1993. But he was not declared disqualified to continue as a Member of Parliament. The petitioner, thereafter, again contested the Parliamentary......ed Notification dated 30-8-2000 without waiting for the outcome of the leave petition filed by the petitioner as stated above. 5. In this background of the case, a Rule Nisi was issued on 6-9-2000 calling upon the respondents which also included the Speaker of the Parliament as well as the Electi...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e the decree holder having practiced fraud collusively obtained the homestead of the petitioner and since the learned Subordinate Judge having found such fraud on the face of the record, he has ample power to make an order fort restoration property under section 151 CPC without any inquiry under Ord......ner is the decree-holder who obtained this Rule against the order dated 11-6-2000 of the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Execution Case No.31 of 1997 directing him to make over possession of schedule ‘Kha’ land to the third party opposite party. 2. This Rul......s of such disfiguring with corrections, ‘Kha’ schedule property has been included in the writ of delivery of possession. 8. Since there are allegations of interpolation of the solenama, I have called for the record and perused the same. 9. In the record I find a photo copy of the agreement......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....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......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.......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...Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....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 ......r the Respondent No.5. 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/Disp......ecision of the party also had the approval and support of respondent No.5, Hossain Mohammed Ershad, who was then in jail, vide Annexure-D. Subsequently, the Parliamentary Party of Jatiya Party in its meeting dated 20-6-96 presided over by respondent No.5 and attended by all the members of the party ..Category: Constitutional Law | Date: | Hits: 196
...., haphazard attempts would not yield any positive result in the process or rehabilitating the slum dwellers.
9. As has been stated in the Affidavit-in-opposition by respondent No.1 that a “High- powered slum dwellers’ rehabilitation committee” has been formed whereby some important measures......(HCD) (2001) 540.......gs to others and they do not have any right to enter or occupy the same and they may be ousted at any time but with the passage of time the number of occupants increases and a basti is set up automatically and this happens either with the collusion of the caretakers or acquiescence of the owner in n......y of alleviation among the urban poor and having regard to the fundamental rights as provided in the Constitution, the Government of Bangladesh approved a National H policy on 13-12-93 in its cabinet meeting and that though the Government has taken a policy but the same is not being followed by the ..
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....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......itioner. KS Zaman Advocate—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 relate......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..Category: Civil Law | Date: | Hits: 71
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....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......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. ......sh/pay order/bank draft and Taka 1,36,860 in the form of Protirokha Sonchoy Potro as the mode of payment of security deposit has been revised by the Board of Directors of the defendant Company in its meeting dated 13-3-80. The plaintiff was repeatedly asked to deposit the balance security money and ..Category: Others | Date: | Hits: 132
.... 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.
......
Writ Petition No.1832 of 1994.
Judgment
Kazi Ebadul Hoque J. - This Rule was issued 3-11-94 at the instance of the petitioner Mr. Ruhul Amin, Managing Director KR Fashion International Limited calling upon the respondents to show cause as to why letter dated 10-10-94 Annexure ‘A’ issued b...... 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
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....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...... Assistant Attorney-General — For the State. Criminal Miscellaneous Case No. 2030 of 1908 Judgment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the 11 accused petitioners calling upon the State opposite party to show cause as to why they should not be enlarged on bail in......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...Category: Criminal Law | Date: | Hits: 33
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....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......sion in RS Plot Nos. 134, 135, 136, 137 and 138 the learned Advocate Commissioner was wrong in allotting those plots to the plaintiffs. 7. Secondly, he submits that in the objection it was categorically stated that the land given to the defendants were of the lesser value and advantage and that t......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)
.... 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...... ML Case No. 2 of 1985 convicting him under sections 302/307/109 of the Penal Code and sentencing him to death which was confirmed on review made in this behalf by the Chief Martial Law Administrator calling upon the respondents to show cause as to why the impugned judgment and order of conviction a......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)
.... 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. ......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.......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......r the price of the land as well as the cost of building to Hamiduddin Ahmed. But none of them tried to tender any evidence whatsoever on such transfer of fund to said Hamiduddin Ahmed. There is practically no evidence at all of sending any fund to Hamiduddin by Mukhlesur Rahman. 58. It is settled......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...Category: Property Law | Date: | Hits: 139
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....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......din Ahmed in Writ Petition No. 3762 of 2005 obtained Rule Nisi by challenging the circular issued under Memo No. Shakha 1(91)/ 2003 2006/Khanda 3/3526/1 dated 12-2-2005 issued by the respondent No. 3 calling upon the respondents to show cause as to why imposition of conditions on importation of old ......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)
.... 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......ddin Ahmed, Advocate—For Respondent No. 7. Writ Petition No. 5135 of 2004. 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 (1) Memo No. BTRC/LLSec/ WorldTel/2002-1032 dat......, because under section 23 of the Contract Act, such an agreement is not enforceable in view of the prevalent law. The BTRC did not unilaterally omit clause No. 2.3 of the Agreement. On 18-10-2003, a meeting was held between the parties. Considering all the aspects, and hearing the petitioner, the B..Category: Information Technology Law | Date: | Hits: 321
....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 ......sell it in the local market. It is the case of the petitioners that supplementary duty on other electrical home appliances have been exempted by the Government while retaining supplementary duty on locally-made refrigerator pursuant to the SRO No. 150/Ain/2001/3f5/Mushak, dated 7-6-2001 (hereinafter...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
..
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. ......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......r the added Respondent No. 7. Writ Petition No. 3028 of 2005. Judgment Md. Joynul Abedin J.- This Rule 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 they should not be directed to lease out the Ji......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. ..Category: Others | Date: | Hits: 114
....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......al— For the Respondents.
Writ Petition No. 1895 of 1999.
Judgment
Md. Joynul Abedin J.- This Rule was issued under Article 102 of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause why the impugned order dated 3-6-1998 (Annexure-I) passed...... 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
....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......
Civil Revision No. 2444 of 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 lea...... 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
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....up an authority to determine the question where, when and how citizenship of another country has been acquired and by R 30 the Central Government is designated as the authority which is invested with power to determine the question in such manner and having regard to such rules of evidence as may be......n) Present: Abu Sayeed Ahammed J Annada Prosad Das ……………………Appellant Vs. DC, Khulna and others………….Respondents. Judgment June 28, 2001. Cases Referred to- Mirza Shahab Ispahani Vs. Bangladesh, 40 DLR (AD) 116, Bangladesh Vs. Professor Golam Azam, ......was, Assistant Attorney-General— For the Appellant. Second Appeal No. 491 of 1975. Judgment Abu Sayeed Ahammed J .- This appeal is at the instance of the appellant Annada Prasad Das and it calls in question the propriety of the judgment and decree dated 26-6-75 passed by the Subordinate J......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496...Category: Immigration and Citizenship Law | Date: | Hits: 190
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