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Korban (Md.) Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....f receipt of this order. The District Magistrate, Dhaka Mr. Md. Abdul Huq is directed to pay a compensatory cost of Taka 5,000 to the detenu. Ed. This Case is also Reported in: 55 DLR (2003) 194.......002 but by a fresh order made by the same District Magistrate, the detenu was detained from the jail gate. This, according to the learned Advocate, is capricious, arbitrary and colourable exercise of power by a District Magistrate. The learned Advocate has also invited our attention to the grounds f...... Vs. Government of Bangladesh and others...........Respondents Judgment February 5, 2003. Lawyers Involved: Sk Md. Morshed, Advocate‑ For the Petitioner. Zaman Akhtar, Assistant Attorney-General with Kamrun Nessa, Assistant Attorney-General‑ For the Respondents. Writ Petitio......f receipt of this order. The District Magistrate, Dhaka Mr. Md. Abdul Huq is directed to pay a compensatory cost of Taka 5,000 to the detenu. Ed. This Case is also Reported in: 55 DLR (2003) 194...Category: Constitutional Law | Date: | Hits: 161
Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)
....application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ......d on 11-12-2000 the petitioner for the first time noticed that the respondent Nos. 2 and 3 were acting in with each other. He also noticed that during his absence the respondent No. 2 has assumed all powers of the Company. In the said board meeting arbitrary decisions, with objections from the petit......ing the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ......application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ..Category: Company Law | Date: | Hits: 247
.... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971.......ontending, inter alia, that the Bank is run and managed by a Board of Directors. According to Article 131 of the Articles of Association its business is managed by the Directors who exercise all such powers and do all such acts as authorised by the Memorandum of Association and Articles of Associati......I ADC (2010) 971....... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971...
Category: Criminal Law | Date: | Hits: 60
Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)
....edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020.......er and perused the connected papers. We are of the view that the High Court Division upon proper assessment of the materials on record has arrived at a correct deciÂsion in not invoking its inherent power to quash the proceedings. There is, therefore, no warrant in law to interfere with the same. ......Lawyers Involved: Khan Saifur Rahman, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.116 of 2009. (From the judgment and order dated 23.11.2008 passed by the High Court ......edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020...Category: Criminal Law | Date: | Hits: 54
.... accordingly the leave petition is disÂmissed without prejudice to the earlier orders passed by the High Court Division and this Division.
Ed.
This Case is also Reported in: VII ADC (2010) 953. ...... accordingly the leave petition is disÂmissed without prejudice to the earlier orders passed by the High Court Division and this Division.
Ed.
This Case is also Reported in: VII ADC (2010) 953. ...... the Petitioner.
Rokonuddin Mahmud, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For Respondent No.1
Not repreÂsented-Respondent Nos.2-3.
Civil Petition for Leave to Appeal No. 1341 of 2009.
(From order dated 05.05.2009 passed by the High Court Division in Wri...... accordingly the leave petition is disÂmissed without prejudice to the earlier orders passed by the High Court Division and this Division.
Ed.
This Case is also Reported in: VII ADC (2010) 953. ..
Category: Property Law | Date: | Hits: 55
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....petitioners are permitted to preÂpare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......petitioners are permitted to preÂpare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......enior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.2 (In both the cases). Not represented-Respondent Nos.1, 3 (In both the cases). Civil Petition for Leave to Appeal Nos. 603-604 of 2008. (From the judgment and order dated 03.12.2007 passed by the High ......ings of fact of any appellate Court, even if the appreciation of the evidence appears to be erroneous. 11. We find substance in the submisÂsions made by the learned Advocate and hence inclined to grant leave. 12. Accordingly, Leave is granted to consider the ground Nos.1, 2 and 4 of both the ..Category: Property Law | Date: | Hits: 45
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
....ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ...... superseding effect. According to section 45 of the said Act the policy of admission in the Post Graduate Class shall be regulated by the academic council of the University and the University has the power to affiliate the Medical Colleges and Institutes under it by section 6 of the said Act. The D......ner. Mahbubey Alam with Safar Ali, Advocate— For the respondents. Writ Petition No. 5038 of 1999 Judgment Syed JR Mudassir Husain J. - This Rule Nisi issued calling upon the respondents to show cause as to why the action of the respondents refusing admission of the petitioner in the MS...... While he was serving as the Assistant Registrar (Urology), Dhaka Medical College, the petitioner got himself admitted in Pakistan Institute of Medical Science to obtain MS Degree in Urology and was granted two years study leave from 1-2-1991. The petitioner had to come back from Pakistan without c..Category: Others | Date: | Hits: 100
....arged.
However, there will be no order as to costs.
Md. Ashfaqul Islam J.- I agree.
Ed.
This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181.
......t appears that the same is preliminary in nature and at an initial stage, hence it is not fare enough to infer anything adverse on it at this stage. Admittedly the Anti Corruption Act, 1957 conferred power to the Bureau of Anti Corruption to issue notice under section 4(1) of the Act directing any p......er, Son of late Alhaj Md. Emanuddin Khan at present residing at Plassid Lake Apartment House No. 36, Flat No.402 (5th Floor), Road No.7, Dhanmondi R/A. Dhaka….............Petitioner
Vs.
Director General, Bureau of Anti Corruption Bangladesh, Segunbagicha, Dhaka and others….............Res......arged.
However, there will be no order as to costs.
Md. Ashfaqul Islam J.- I agree.
Ed.
This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181.
..
Category: Anti-Corruption Laws | Date: | Hits: 171
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
....ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ......he Court in a suit for specific performance of contract compelling the recipient of the document to pay duties on the existing market value of the property. The Bidhimala were promulgated pursuant to power conferred under section 69(1) (k) of the Registration Act. 12. When the aforesaid provisio...... Judgment Syed Mahmud Hossain J.- In this application under Article 102 (2) (a) (i)(ii) of the Constitution of the people’s Republic of Bangladesh a Rule Nisi issue calling upon the respondents to show cause at to why the 3rd proviso to Bidhi 5(4) of the Shammpattir Bazar Mullya Nirdharan Bidh......ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ..Category: Property Law | Date: | Hits: 35
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
....er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......ng of departmental inquiry against the petitioner and as such the order of dismissal passed on the basis of inquiry report submitted by the enquiry officer is nothing but a colourable exercise of the power of respondents having no legal sanction whatsoever. Mr. Islam lastly submitted that the respon......ub Shafique, with Kazi Kamrul Alam, Advocate-For the Respondent No.1-3. Writ Petition No. 618 of 2002. Judgment Md. Nuruzzaman J. - Instant Rule Nisi was issued calling upon the respondents to show cause as to why the Memo No. Barebo/Raj/Prosha/Case-7/2001/3411 dated 10.12.2001 (Annexure-â......e enquiry officer is nothing but a colourable exercise of the power of respondents having no legal sanction whatsoever. Mr. Islam lastly submitted that the respondents passed the impugned order in flagrant violations of the Provisions of Regulation 1990 just to frustrate the movement of the C.B.A. a..Category: Employment/Service Law | Date: | Hits: 104
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....ived at by the High Court Division is an accorÂdance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931....... in prosecuting the matÂter. The reason for which the learned Joint District Judge has set aside the ex parte decree and allowed the Misc. Case is based upon misconÂception of law. The Court has no power to set aside an ex parte decree for ends of justice or for any cause other than its satisfacti......anuary 11, 2010. Lawyers Involved: Ziaul Hasan, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1835 of 2009. (From the judgment and order dated 22.01.2009 passed by the High Cour......r dated 22.01.2009 passed by the High Court Division in Civil Revision No.227 of 2003.) Judgment Shah Abu Nayeem Mominur Rahman J.- Instant petition under Article 103 of the Constitution is for granting leave to appeal against the judgment and order dated 22.01.2009 passed in Civil Revision No..Category: Civil Law | Date: | Hits: 63
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....read with Section 151 of the Code of Civil Procedure in a suit for simple declaration. The principles govÂerning the grant or refusal of temporary injunction are well settled. It is an equitable and discretionary relief which the Court can grant to a party in approÂpriate cases. It has been laid d......and refused the plaintiffs' prayer for temporary injunction. So, the aforesaid submission and the decisions are of no help to the learned Advocate for the petitioners. Rather, it is well-settled that power of granting or refusing temporary injunction is discretion of the court and this court will no....... Osman Gani & others ..............................Petitioners Vs. Begum Tofatun Nahar & others ....................Opposite Parties Judgment December 14, 1988. Cases Referred to- 28 DLR (AD) 57, Naimullah and another Vs. Govt. of Bangladesh and others, the Bangladesh Sup......aw and hence the plaintiff-petitioners have prima facie case. The further submission of the learned Advocate for the petitioners is that the balÂance of convenience and inconvenience is in favour of granting injunction against the defendant opposite party No.1, but the courts below committed error ..Category: Procedural Law | Date: | Hits: 80
Dr. Mohammad Golam Kibria Vs. Nurun Nahar Begum & others, 1989, 18 CLC (HCD)
....resent application filed by the petitioner. For the reason stated above, the application is alÂlowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ......te-parties in the application. BeÂing in respectful agreement with the view expressed by the learned Chief Justice I am of the opinion that this Court is not precluded from exercising the inherÂent power vested in it under section 151 of the Code of Civil Procedure from adding the heirs of the deÂ......dur RahÂman J Dr. Mohammad Golam Kibria...................Petitioner Vs. Nurun Nahar Begum & others. ...................Opposite Parties Judgment January 23, 1989 Case Referred to- Mali Mandal and another vs. Khirode Bala Debya, 12 DLR 745. Lawyers Involved: Shahabud......resent application filed by the petitioner. For the reason stated above, the application is alÂlowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ..Category: Procedural Law | Date: | Hits: 81
Trading Corporation of BanÂgladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned AdvoÂcate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......td., owner of the Vessel, addressed to the local agent of the supplier it learnt that the propeller shaft of defendant No. 1 vessel M.V. CORINA sustained severe damage resulting failure of propelling power for which it might not be possible for her to reach the port of destination without salvage/to......udur Rahman J Trading Corporation of BanÂgladesh.....Plaintiff Vs. MV Corina & others.....................Defendants/Opposite Parties Judgment December 14, 1988. Cases Referred to- Albert David Vs. M/s. Nedlleyd Lignen, 38 DLR 30; Al-Sayer Navigation Co. Vs. Delta Internat......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned AdvoÂcate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ...... exist, or it may be, shown to the Magistrate not only by the party reÂquired to attend, but by any other person interested that no such dispute as aforesaid exists or has existÂed. The exercise of power under sub-section (5) is not dependant upon the result of inquiry under subÂsection (4). Sub-...... Nurul Huque Bhuiyan J Moslemuddin Dhali & others ..............Petitioners Vs. Helaluddin Dhali & others ..............Respondents Judgment December 8, 1988. Cases Referred to- Malik Manzoor Elahi Vs. Lala Bishambar Dass and another, 16 DLR (SC) 246; Mahmudul Haq Vs. G......ows :- "A case in which a civil Court is already seized with the subject-matter of dispute and has passed an order regulating possession thereof or a case in which a decree for possession has been granted or a permanent injunction granted reÂstraining the opposite party from interfering with the..Category: Criminal Law | Date: | Hits: 32
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......n Society...................... Petitioners
Vs.
Md. Maftabuddin Chowdhury..................................................... Opposite Party
Judgment
December 13, 1988.
Cases Referred to-
Ramjan Ali Mistry Vs. Md. Hadeyetullah, 31 DLR (AD) 183; M/s. Abdul Hoque vs. Zakir Hossain,......ivision of the Supreme Court had occaÂsion to examine a similar point. In that case under report the case of the defendant was that the plaintiff used to collect rent for several months together and grant receipt ante dating them month-wise and the defendant never failed to pay rent to the represen..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......provides for holding local investigation on specified grounds when the court finds a local investigation necessary and proper for the purpose of elucidating any matter in dispute but the court has no power to delegate to the authority to the commissioner for ascertaining facts which are required to ......Civil Revisional Jurisdiction) Present: Md. Mamtaz Uddin Ahmed Md. Mokbul Hossain………………………Pre-emptee-Appellant Petitioner Vs. Md. Umar Ali and others……….Pre-emptor Respondent-Opposite Parties Judgment November 5, 2009. Cases Referred To- Abdul Mazi......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly disÂmissed. End. This Case is also Reported in: VII ADC (2010) 926. ...... Ashraf Ali Khan, the father of the petitioner acted as guardian of minor Fazlul Karim who at his own will surrenÂdered his guardianship by appointÂing one Moulavi Ahmed Sobhan by executing general power of Attorney (Ext-C) and Fazal Karim on attaining his majority recorded his name on the suit pr......n J Surendra Kumar Sinha J Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate, repÂresented by its Mutwalli Hajee Afazullah Khan……………………..Petitioner Vs. Most. Ayesha Khatoon being dead her heirs Farukh Ahmed and others…….....Respondents Judgment May 9, 2010. ......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly disÂmissed. End. This Case is also Reported in: VII ADC (2010) 926. ..Category: Trust/Waqf Law | Date: | Hits: 194
Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)
....erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......Abu Nayeem Mominur Rahman J ABM Khairul Haque J Abdul Noor and others……………………...Petitioners Vs. Abdul Jabbar and others……………….....Respondents Judgment October 20, 2009. Lawyers Involved: Nikhil Kumar Shah, Senior Advocate, instructed by Md. Nawab ......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873...Category: Property Law | Date: | Hits: 27
....ion in actual working. Norm emerges from practice which ultimately crystallizes into convention. Conventions are not exhaustive. The constitutional functionaries are always expected to exercise their discretionary power in the matter of appointment. Absence or omission of the requirement for consult...... Zafar Imam, AAG appeared and disclosed that they had not yet received any instruction from the respondent. The cases were however heard in part. After few days, on 12-6-08 Mr. Md. Zafar Imam filed a power on behalf of the respondent but did not file any affidavit-in-opposition as required since the......
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh................. Respondent
Judgment
July 17, 2008
Cases Referred to-
Khandaker Mostaque Ahmed vs. Bangladesh 34 DLR (AD) 222; Anwar Hossain Chowdhury vs. Banglade......the respondent before the Appellate Division, and stay of further proceedings of all the writ petitions till disposal of said petition was prayed for. Learned Chamber-Judge by his order dated 14-6-03 granted stay until 16th June 2003 on which date said petition was directed to come for hearing befor..
Category: Constitutional Law | Date: | Hits: 252
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