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....he above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
......he above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
......996 passed by High Court Division in Writ Petition No.80 of 1988 discharging the Rule.
2. The facts of the case, in short, are that on 13.08.1960 the erstwhile Government of East Pakistan allotted to one Mohammad Mohib son of Bhagu Mia of 74 Gour Nitai Saha Street, Dhaka through a registered leas......TK.40, 000.00 and also handed over possession of the building to the purchaser Nur Mohammad Miah. Mohammad Mohib died in Bangladesh and Secretary, Mohammadpur Zame Mosque and its adjacent graveyard granted a certificate of death of Md. Mohib and the certificate is lying in the file No. H233/60 of ..
Category: Property Law | Date: | Hits: 41
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......f temporary injunction from making any construction in schedule-I land. 3. Mr. Abdul Wadud Bhuiyan, learned Senior Counsel, read the plaint, application for temporary injunction and objection thereto and assailed the order of injunction on various grounds, both on facts as well as law. He also ci......t Md. Abdur Rashid J. - This appeal was presented by defendant Nos. 1 and 2 against an order dated 22-1-2002 passed by Joint District Judge, Court No. 3 at Chittagong in Other Suit No. 217 of 2001 granting temporary injunction restraining them from continuing a construction work. 2. On 29-8-20..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....24 has empowered the Appellate Court to determine a suit finally. From the use of the word ‘may’ underlined above in the Rule, it may appear that the Rule has conferred upon the appellate Court a discretionary power to determine a suit finally. However, if in the given facts and circumstance a c....... He did so, presumably, to enable the pre-emptor to cure the defect of parties and proceed with a properly constituted suit. It has, therefore, given rise to an important legal question touching the powers and functions of an appellate Court. The question is, when an appeal has been properly brough......or the Petitioner. Opposite Party No. 1—Appeared in person and represented himself. Civil Revision No. 4354 of 2001. Judgment AKM Shafiuddin J. - The dispute between the parties relates to a piece of land measuring 0.02¾ acres. It will be referred to, hereinafter, as the case land. It......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...Category: Property Law | Date: | Hits: 37
.... all such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties. The power of the Court under the provision is no doubt of a discretionary in nature and the Court shall have to exercise the discretion judiciously in the terms...... upon any person and withdrawal of such an admission is not likely to prejudice anybody."
25. After reading the above authorities, we read the provisions of Order VI rule 17 of Code. The rule 17 empowers the Court at any stage of the proceedings to allow either party to alter or amend his pleadin...... Division
(Civil Revisional Jurisdiction)bes
Present:
Md. Abdur Rashid J
Syed Mahmud Hossain J
Bangladesh Shipping Lines Ltd………………..Petitioner
Vs.
Commissioner of Customs, Chittagong and others.............Opposite Parties
Judgment
July 21, 2002.
Cases Ref......nt of the plaint for addition of further relief a declaration that certain sum deposited by the plaintiff with the defendant as margin money is accountable by the defendant to the plaintiff cannot be granted under section 42 of the Specific Relief Act as it affects the pecuniary relationship between..
Category: Procedural Law | Date: | Hits: 60
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......e Government and in no way the satisfaction of the Bureau of Anti-Corruption. 6. Mr. ABM Waliur Rahman Khan, the learned Assistant Attorney-General has, on the other hand, submitted that since the power has been delegated by notification to the Bureau of Anti- Corruption as envisaged in section 9......Munsurul Hoque Chowdhury J Saidur Rahman……………………Appellant Vs. State…….. Respondent Judgment December 11, 2001. Cases Referred To- Tarique Rahman vs. Director General Bureau of Anti-Corruption, Government of Bangladesh and others 52 DLR 518; Mustafizur Ra......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......l disposal of an application for temporary injunction pending in a separate proceeding before another Court in the absence of the decree holder. This Division is therefore entitled to invoke inherent power to undo the wrong, which has seriously prejudiced the decree holder for no fault of his. In su......Mahbubur Rahman (as defendant No.1) and 118 others for partition of 1.45 acre of land including the laid covered by the previous suit claiming a share of 19 gondas and odds as described in schedule-B to the plaint. The claimed to be in possession of the very same land by way of purchase from defenda......d two others as petitioners obtained the direction from this Division for stay of the execution proceeding. Thus, misled, the Division Bench, he further submits, fell in serious error of procedure in granting as order of stay of the execution proceeding while disposing of the revision application ti..Category: Civil Law | Date: | Hits: 125
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......e appeals). Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity..............Respondents (In both the appeals) Judgment August 18, 2010. Lawyers Involved: M. K. Rahman, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants (In both the appeal......nd accordingly the said two civil appeals (namely C.A. Nos.149 and 150 of 2005) can be withdrawn. Copy of the memo has been annexed as Annexure-E to the additional paper book. 4. However leave was granted to consider whether in view of Section 21 of the General Clauses Act and the principle enunc..Category: Property Law | Date: | Hits: 28
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481.......vided for in section 5 of the Ordinance. Family Courts have got exclusive jurisdiction in such matters. It is true, under section 17(7) of the Ordinance a Subordinate Judge can exercise the appellate power in such family matters only after an appeal is transferred to him by the District Judge for di......ch 23, 2002. Cases Referred To- Bashirrullah Munshi vs. Abdul Bari Bepari, 21 DLR (Dhaka) 183; Arifa Begum vs. Khalique Mohammad Naqvi, 21 DLR (WP) 209 and Golam Akhtar Chowdhury vs. Administrator of Waqf and others, 36 DLR 56. Lawyers Involved: Md. Shofiqul Islam, Advocate—For the P...... proceedings of the family suit could not be stayed under section 151 of the Code since the nature and character of the proceedings are different and that the Subordinate Judge had no jurisdiction to grant an order of stay as prayed for. 4. Mr. Shofiqul Islam for the petitioner submits first that..Category: Family Law | Date: | Hits: 185
Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)
....in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100.......ue. 10. We also find from Annexure 2 to the affidavit-in-opposition of respondent No.29 that the Election Commission had already ordered a fresh poll at centre (a), presumably in exercise of its power under Rule 70. Respondent No. 30 filed an application for reconsideration of that decision. ......n, Advocate—For the Respondent No. 31. Writ Petition No. 308 of 1988. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution calls upon the respondents to show cause as to why a direction should not be made directing respondent Nos. 2 and 4 to hold f......in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100...Category: Election Law | Date: | Hits: 81
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......sential to the life of the community. 7. It is admitted on both sides that the Janata Bank (Employees) Service Regulations (hereinafter referred to as the said Regulations) made in exercise of the power conferred by Article 29 of the Bangladesh Bank (Nationalization) Order 1972 (P.O 26 of 1972)......evisional Jurisdiction) Present: DM Ansaruddin Ahmed J Md. Shahabuddin...................................Petitioner Vs. The Janata Bank, Bangladesh represented by the Managing Director & others...........Opposite Parties Judgment November 30, 1988. Cases Referred to- ......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...Category: Employment/Service Law | Date: | Hits: 76
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......llegations against the officials are not founded on undisputed question of fact. 13. In matter of election dispute writ forum is not the proper and adequate forum to be invoked and prerogative power of writ is not meant for deciding disputed questions of fact. Ordinarily the court exercisin......in J Abdul Mukit Chowdhury..................Petitioner Vs. The Chief Election Commissioner & others...........................Respondents Judgment December 6, 1988. Cases Referred to- Presiding Officer Vs. Sadrauddin Ansari, 19 DLR (S.C.) 516, N.P. Ponnswarmi Vs. The Returnin......r Muhammadpur Polling Centre simply on the ground that the action of Election Commission does not warrant any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) ..Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......ection (2)(g) the expression 'specified bank’ includes Sonali Bank also. 5. By Article 102 of the Constitution of the People's Republic of Bangladesh High Court Division is invested with the power to issue certain order or direction. Sub-Article (1) reads as follows: "102. (1) The High C...... S.R. Paul with S.K. Sinha and Mohammad Hossain, Advocates — For the Respondents. Writ Petition No. 14 of 1988 Judgment Qazi Shafiuddin J. - This Rule calls upon the respondent Nos. 1-5 to show cause why the election of the Chairman of No. 4 Upper Kagabala Union Parishad held on 10.2.8......respondent No. 5 is not disqualified, no such direction is warranted under the facts and circumstances of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) ..Category: Election Law | Date: | Hits: 104
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......tes—For Respondent No. 3. MR Hasan, Advocate—For Respondent Nos. 4. Writ Petition No. 628 of 2000. Judgment Kazi AT Monowaruddin J. - This Rule was issued calling upon the respondents to show cause as to why the impugned letter dated 21-6-1999 (Annexure G to the petition) shall not b......Samabaya Samiti Ltd. Vs. Bangladesh and others, that lease agreement can be invoked under writ jurisdiction. 11. We have perused the Sharping Matshajibi case and find that the contract/Government grant of lease as referred to in Sharping Matshajibi case had its root under the statute but in the ..Category: Property Law | Date: | Hits: 22
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......laint which belonged to the plaintiffs they agreed to the proposal and accordingly, on 24-5-1963 the owners of the ‘A’ scheduled properties Gopal Chandra Pal and 10 others executed an irrevocable power of attorney in favour of the plaintiff Nos. 1 and 2 to effect a deed of exchange and the said ......ivil Revision No. 110 of 1994. Judgment MA Wahhab Miah J. - This Rule was obtained by the heirs of deceased defendant Nos. 7, 8 and other defendants against the Judgment and decree dated 31st October, 1993, passed by the District Judge, Lakshimpur in Title Appeal No. 44 of 1989 reversing those...... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440...Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......he complainant was first put in Court hajat and thereafter the case was filed and therefore an offence under section 342 of the Penal Code is disclosed. The accused petitioner by using their official power and position filed the case after putting the complainant in Court hazat which is apparent fro......, Advocates— for the Petitioner (In Criminal Miscellaneous Case No. 6544 of 2000) Abdus Salam Mamun, Advocate — For the Petitioner. (In Criminal Revision No. 578 of 2000) M Farooq, Deputy Attorney-General with Shueb Ahmed, Assistant Attorney-General — For the State. Criminal Miscellan......f 1999, pending before the Divisional Special Judge, Chittagong Division, Chittagong and, as such, the Rules are liable to be discharged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also ..Category: Criminal Law | Date: | Hits: 62
.... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430....... is no legal bar, either under the Ordinance or any other law, for formation of any trade union with the employees of respondent No.4, Bangladesh Atomic Energy Commission, and that the Ministry of Manpower by its memo dated 19-7-89 and the Ministry of Education, Science and Technology Department by ......h Abdul Mannan Khan and Mahmudul Haq, Advocates — For the Respondent No. 4.
Writ Petition No. 1677 of 1995
Judgment
SAN Mominur Rahman J.- Rule Nisi was issued calling upon the respondents to show cause the judgment and order dated 26-7-1994 and 28-6-95 and the order of the cancellation o......h are as under:
“8. (1) The funds of the Commission shall compromise-
(a) funds of the former Atomic Energy Commission existing in Bangladesh which stood transferred to the Commission;
(b) grants from the Government;
(c) donations and embodiment;
(d) income from investments royaltie..
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......ated 19-6-2001 (in Writ Petition No. 2718 of 2001), has been issued by the respondent No. 1 most illegally, arbitrarily and without any jurisdiction inasmuch as the law does riot provide for any such power to pass an order by the Customs Commissionerate for not re-leasing any goods to the holder of ....... Respondents Judgment August 13 and 14, 2001. Lawyers Involved: M Amir-ul Islam with Dr. Shirin S Chowdhury and Manzil Murshed, Advocates—For the Petitioner. AM Aminuddin, Deputy Attorney-General, Mustafa Zaman Islam, Assistant Attorney-General— For the Respondents. Writ Peti......sued a show cause notice as evidenced by annexure “P” to the Writ Petition No. 2969 of 2001 whereby a show cause notice has been issued under section 13(2) to explain as to why the bonded licence granted to the petitioner shall not be cancelled and also why an amount of Taka 50,799.00 will not b..Category: Fiscal/Taxation Law | Date: | Hits: 63
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....ct of reopening the decree passed in the suit and, as such, the provision of Order XXIII rule 1 are quite applicable in this case. His further submission in that the leave under Order XXIII rule 1 is discretionary with the Court but that discretion has to be exercised properly and judicially in the ......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......sented — For the Opposite Party. Civil Revision No. 4607 of 1995. Judgment N K Chakravartty J. - The Rule at the instance of plaintiff-petitioner was issued calling upon the Opposite Party to show cause as to why the judgment and decree passed in Title Appeal No. 192 of 1993 by the learne......Order XXIII of the Code of Civil Procedure and in the instant case though the application for withdrawal of the suit with liberty to sue afresh on the self same revision, yet there is no legal bar in granting such application inasmuch as this revision is a subsequent proceeding which follows from th..Category: Procedural Law | Date: | Hits: 83
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409.......e exhibited documents of the contending parties. I do not find any illegality in the impugned judgment occasioning failure of justice so as to justify interference by this Court exercising revisional power under sections 115(1) of the Code of Civil Procedure, I, therefore, find no merit in the Rules......agong in Other Suit Nos. 49 of 1976, 130 of 1976 and 87 of 1979, whereby Other Suit Nos. 49 of 76 and 130 of 76 were decreed and Other Suit No. 87 of 79 was dismissed on contest. 2. No one appears to support the Rules. 3. These Rules have been pending for disposal for over 16 years and all fur......the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409...Category: Civil Law | Date: | Hits: 69
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......t this arrest was made with a view to detain him under section 3(2) of the Special Powers Act. Section 54 is an independent section of the Code of Criminal Procedure under which police has been given power to arrest any person without an order of a Magistrate or without any warrant. Some circumstanc......desh 44 DLR 317; Habiba Mahmud 54 DLR (AD) 89; H Saha vs. State of West Bengal AIR 1974 (SC) 2124. Lawyers Involved: M Amirul Islam, Advocate — For the Petitioner. Zaman Akter, Assistant Attorney-General— For the State. Writ Petition No. 6911 of 2001. Judgment Md. Hamidul Haque......ere reference of three cases in the grounds of detention and in all those three cases the detenu was released on bail and in the last case which involves section 302 of the Penal Code, the detenu was granted anticipatory bail by this court. So, according to him, there was no reason to detain the det..Category: Criminal Law | Date: | Hits: 60
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