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Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......der section 24 of the Non-Agricultural Tenancy Act) disallowing the pre-emption. 2. Facts relevant for the purpose of disposal of this appeal, in short, are that 0.0913 acre of land appertaining to plot No. 4376 of CS Khatian No.883 and 0.1087 acre of land appertaining to plot No. 4376/4403 of ......emption in the instant Miscellaneous Case No. 25 of 1995. Being aggrieved the Pre‑emptor petitioner preferred First Miscellaneous Appeal No. 121 of 1997 which was heard by this Court it was categorically contended by the petitioner therein that he did not ever submit any petition seeking mutation ......dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214...Category: Property Law | Date: | Hits: 53
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
....president and vice president of the Khulna Circle of the Bangladesh Hardware Machinery Merchants Association ('Association` in short) for the term 2000 to 2002, that the defendant Nos. 3 to 5 misused power and funds of the organisation, that they tried to victimise the plaintiffs, that the defendant......e plaintiffs in performing their functions till disposal of the suit. By order No. 8, the defendants by an order of ad-interim injunction, are restrained from holding any discussion on agenda No. 6 to the notice of the Annual General Meeting No. BHMMA K(23)/2002‑2003/65 dated 13-11‑2002. 2.......ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211.......ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211...Category: Civil Law | Date: | Hits: 74
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
....ommission of a cognizable offence is so called. But the police station may receive more than one information as first information report over the commission of very same offence. 41. Section 156 empowers the officer in charge to commence investigation in any cognizable offence, even without any o......54; Aghnoo Nagesia Vs. State of Bihar, AIR 1966 SC 119; Hasib Vs. State of Bihar, AIR 1972 SC 283. Lawyers Involved: Nurul Islam Chowdhury, Advocate‑For the Appellant. Sk A Awal, Deputy Attorney‑General‑For the State. Criminal Appeal No. 2261 of 2001. Judgment Md. Abdur Rash......d Abdur Rouf there with one 'Dao' in his hand. Abdur Rouf told her that if Firoja would not leave with him, he would commit suicide. Hearing that Giasuddin Master and his son Delwar became scared and called a local Chowkider to keep a watch. In the early morning, Abdur Rouf took Firoja Begum to Mali...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ..Category: Criminal Law | Date: | Hits: 44
Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)
....lowing prescribed rules and procedure. Opposite party was never appointed Mutwalli. Such appointed Mutwalli may however be removed on any of the grounds provided by law. Not otherwise. 12. General powers and functions of the Waqf Administrator have been provided in section 27 of the Waqf Ordinanc......d Order dated 8-11-86 passed by Additional District Judge, 1st Court Dhaka in Miscellaneous Appeal No.518 of 1984 dismissing the appeal and confirming the order dated 25-11-84 passed by the Administrator of Waqfs of Bangladesh passed in Natu Mallick Waqfs Estate EC No.9157 cancelling this earlier or......ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295.......ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295...Category: Trust/Waqf Law | Date: | Hits: 174
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196.......inistry of Works and another……………………….Respondents Judgment November 2, 2002. Lawyers Involved: M Saleem Ullah, Advocate‑ For the Petitioner. MA Azim Khair, Deputy Attorney-General-For Respondent No. 1. Writ Petition No. 6076 of 2000. Judgment Amirul Kabir ...... Advocate‑ For the Petitioner. MA Azim Khair, Deputy Attorney-General-For Respondent No. 1. Writ Petition No. 6076 of 2000. Judgment Amirul Kabir Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why order dated 29‑10‑2000 passed by the Court ......e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196...Category: Property Law | Date: | Hits: 59
Korban (Md.) Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....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......ith Kamrun Nessa, Assistant Attorney-General‑ For the Respondents. Writ Petition No. 912 of 2003. Judgment Md. Hamidul Haque J.- This Rule was issued on the respondents to show cause as to calling up on the respondents to cause to why the detained Md. Shahid now being detained in Dhaka C......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
State Vs. Alal Mia and others, 2010, 39 CLC (AD)
....f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013.......minal Petition No. 245 of 2009) Kamal Miah and another..........Respondent (In Criminal Petition No. 246 of 2009) Judgment April 4, 2010. Lawyers Involved: A.S.M. Abdul Mobin, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Petitioner. (In both the cases) ......entence of the appellants namely Alal Miah, Jahangir Mia and Kamal Mia. 2. The prosecution case, in short, is that on 21.09.2002, the informant sent his minor son, the victim to their old house to call the mother of the informant. As the victim was not returned, the following day the informant ......f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013...Category: Criminal Law | Date: | Hits: 46
Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)
....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. ......t of the petitioner as a member or that of a Director. According to him, the change in the remuneration only relates to the petitioner’s right as Director and not as a member of the Company thereby calling for no interference from this Court. Regarding the same person acting as the Director and th......some blank letterheads and left them with the respondent No. 2. 8. On his return from India, he noticed a change of attitude among the other two directors and officers of the company. In the Board meeting held on 11-12-2000 the petitioner for the first time noticed that the respondent Nos. 2 and ..Category: Company Law | Date: | Hits: 247
State and Others Vs. Abdul Kader @ Mobail Kader and others, 2010, 39 CLC (AD)
....e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surrender forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984....... Lawyers Involved: Rokonuddin Mahmud, Senior Advocate instructed by Ibrahim Khalil, Advocate-on-Record- For the Petitioner (In Criminal Petition No. 193 of 2008) A.S.M. Abdul Mobin, Deputy Attorney General instructed by Ibrahim Khalil Advocate-on-Record-For the Petitioner.(In Criminal Petit......e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surrender forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984.......stance of others inimical to them. 6. Mr. Rokonuddin Mahmud, learned Counsel, appearing for the petitioners submitted that P.W.2, Ziaur Rahman alias Ibloo and P.W.4 Maser Ali immediate after the meeting of conspiracy for killing the victim, disclosed the name of the accused persons including th..Category: Criminal Law | Date: | Hits: 46
....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.......uffer simple imprisonment for 15 days.
2. The facts which led to the contempt petition, inter alia, are that the respondent is a sponsor shareholder of the United Commercial Bank Ltd (hereinafter called "the Bank") and he was the first elected Chairman of the Board of Directors of the said Bank ......the Bank Company Act, the contemner No.2 vide letter dated 17.7.2003 posed three questions to Mr. K.Z. Alam and sought his guidance on those matters. Upon receipt of this letter, Mr. K.Z. Alam held a meeting with the Managing Director the contemner appellant No.1, on 18.7.2003 and pursuant to the sa..
Category: Criminal Law | Date: | Hits: 60
Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)
....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 decision 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.......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
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain & another, 2009, 38 CLC (AD)
....r book is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeals.' Ed. This Case is also Reported in: VII ADC (2010) 949. ......urul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1 (In Civil Petition No. 1780 of 2008.) Not represented-Respondent No. 2 (In Civil Petition No. 1780 of 2008.) Civil Petition for Leave to Appeal No. 489 of 2009. (From the judgment and order dated 12.01.2009 and 15.01.2009 passed by......r book is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeals.' Ed. This Case is also Reported in: VII ADC (2010) 949. ......06 to 07.02.2006 and most of the employees were stand released. 7. As all the order of transfer were harassing, the executive committee of the Workers Union of Bangladesh Parjatan Corporation in a meeting held on 23.02.2006 took a resolution demanding stoppage of the unnecessary transfer and hara..Category: Employment/Service Law | Date: | Hits: 95
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
.... 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......ain, Advocate-For the Petitioner. 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 admissio......ntion made remarks as “over age not eligible”. The respondent No. 2 has followed the decision of the Academic Council of Dhaka Medical College as the Post Graduate Cell of Academic Council in its meeting took decision fixing the age limit for the government candidate up to 40 years of age and ac..Category: Others | Date: | Hits: 100
....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....... M. Shahjahan, Advocate-For the Petitioner.
Not represented- the Respondents.
Writ Petition No. 2840 of 2003.
Judgment
Borhanuddin J.- At the instance of the petitioner, Rule was issued calling upon the respondents to show cause as to why the impugned order under section 4(1) of the An......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)
....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...... Petition No. 4997 of 2008. 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 Shammpatti......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
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......, 2009. Result: The Rule is discharged. Lawyers Involved: Md. Bodruddoza with Mohammad Enayetullah, Advocates- For the Petitioner. A.K. M. Badrudduza Advocate-For the respondent Nos. 2 to 5. Writ Petition No. 2249 of 2009. Judgment ABM Khairul Haque J.- This is an application......ts order dated 12. 4. 2009, issued a rule under Article 102 of the Constitution of the People’s Republic of Bangladesh, upon the respondents in the following manner: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why the impugned publication under Memo No. নি......approving the car loan facilities to the executives of the respondent Agrani Bank Limited. 2. It is stated in the petition that the Board of Directors of the Agrani Bank Limited, in its 86th Board meeting held on 4.2.2009, approved the car loan facilities for the executives of the bank having the..Category: Banking Law | Date: | Hits: 205
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
....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-......For the Petitioners. Mahbub 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......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. ..Category: Employment/Service Law | Date: | Hits: 104
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
.... in prosecuting the matter. The reason for which the learned Joint District Judge has set aside the ex parte decree and allowed the Misc. Case is based upon misconception 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......t has no power to set aside an ex parte decree for ends of justice or for any cause other than its satisfaction that the defendant was prevented by sufficient cause from appearing when the suit was called on for hearing. The defendants have miserably failed to satisfy the Court in that regard and ......ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931...Category: Civil Law | Date: | Hits: 63
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....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...... of inconvenience has been considered in this case, but not in so many words and expresses findings. He however, submits that in the counter-affidavit the defendant opposite party No.1, has categorically stated that the construction on the suit premises according to the plan passed by the local Mu......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151...Category: Procedural Law | Date: | Hits: 80
Dr. Mohammad Golam Kibria Vs. Nurun Nahar Begum & others, 1989, 18 CLC (HCD)
....te-parties in the application. Being 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 inherent power vested in it under section 151 of the Code of Civil Procedure from adding the heirs of the de......dur Rahman 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 allowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ......resent application filed by the petitioner. For the reason stated above, the application is allowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ..Category: Procedural Law | Date: | Hits: 81
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