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Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
....ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159....... Munsif must remember that if on a meaningful not formal—reading of the plaint it is manifestly vexatious, and meritless, in the sense of not disclosing a clear right to sue, he should exercise his power under Order VII rule II, CPC taking care to see that the ground mentioned therein is fulfilled......m Habibuzzaman instituted this suit against the World Bank and seven others including the High Commissioner, Government of India, claiming damages of Taka 4,00,000 crore (four lac crore) occurred due to the construction of Farakka Barrage at Farakka in India, causing sufferings to the plaintiff and ......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159...Category: Others | Date: | Hits: 79
....and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690.......l of the respondent. So, this dispute squarely falls within the provisions of the said Act and, as such, it has been rightly found by the High Court that it is the Electrical Inspector who alone is empowered to decide the dispute. If the Electrical Inspector comes to the finding that the meter is fa.......
This Case is also Reported in: 59 DLR (2007) 690....... to the petitioner Modern Cold Storage Limited situated at Feni Town, Feni are declared to have been passed illegally and without lawful authority and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
Th..
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......the legislature in scheduling only sections 463 and 471 of the Penal Code in the Provision of section 195(1)(c) of the Code of Criminal Procedure is to restrict the initiation of complaint within the power of the court before which such offences have been committed. But, on a close scrutiny, it tran...... BCR (AD) 152; Raja Kushal Pal Singh, AIR 1931 All 443; State of Gujarat vs. Bhikubhai, AIR 1965 Gujarat 70; Patal Laljibhai, AIR 1971 SC 1935; Mrs. Shahar Banoo Ziwar Sultan Beyed vs. Mrs. Wahida Khatoon 1996 BLT (AD) 154. Lawyers involved: Md. Bashiruddin Zindigir, Advocate—For the......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..Category: Criminal Law | Date: | Hits: 43
Ali Ashraf Mia Vs. Chairman, First Court of SettleÂment and others, 2006, 35 CLC (HCD)
....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ...... Judgment June 27, 2006. Lawyers involved: Fariduddin Ahmed with Md Kamrul Islam, Advocates — For the Petitioner. (In both the Writ Petitions) Adilur Rahman Deputy Attorney-General with Md Zafor Imam, Assistant Attorney-General Shamsul Hoque and Quamrun Nessa Ratna,......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......asioning failure of justice. In 56 DLR (AD) 41 our Appellate Division has taken a view that there is nothing in Article 102 of the Constitution to preclude the High Court Division from exercising the power of review. The facts are quite distinguishÂable. This decision has no manner of application i......gain for a rehearing or further hearing which is already concluded by a decision even if that be erroneous……………..[Fazle Karim vs Government of Bangladesh, 48 DLR (AD) 178] Cases Referred to- Zenith Packages Limited vs. Member, Labour Appellate Tribunal 52 DLR (AD) 160; Serajuddin Ahm...... of the order of temporary injunction. It appears that on the application of one Shahidul Huq, the defendant No. 2 the Executive Engineer of Roads and Highways Department of Noakhali Circle agreed to grant lease of the suit property, which is a road-side property, and consequently entered into an ag..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......s the evidence on record and to arrive at his own independent finding. In the instant case, the specific findings of the trial Court have not been reversed by the lower appellate Court exercising its power under Order XLI, rule 31 of the Code. Accordingly, trial Court's judgment and decree are resto......ee-Petitioners Vs. Md. Yasin Ali Mondal and others....……….Opposite Parties Judgment February 4, 2007. Result: The Rule is made absolute. Case Referred to- Hajarilal Mondal vs. Md. Mozaffor Bepari, 8 BLC (AD) 7. Lawyers involved: L......0, is hereby set aside and the judgment and order dated 13-4-2000 passed by the learned Assistant Judge-in-charge, Naogaon in Miscellaneous Case No. 11 of 1995, is affirmed. The order of stay granted earlier by this Court stands vacated. Send down the lower Court's record at once with..Category: Property Law | Date: | Hits: 23
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......ng the advantage of being a clerk of the sub-registry office in collusion with the sons of Jashoda Sundari Roy, namely Profullah Kumar Roy and Samar Chandra Roy, created a false, forged and antedated power of attorney being wilfully aware about the agreement of the plaintiffs and also created 4 deed......¦â€¦..Petitioners Vs. Md. Zami Shah Newaz and others……………..Opposite Parties Judgment March 11, 2007. Result: The Rule is disposed of with modification. Cases Referred to- Tarak Chandra Maghi vs. Atahar Ali Howlader, 8 MLR (AD) 209; 8 BLC (AD) 67. Lawyers invol......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......td), submit that they have nothing to add further on the point of law so advanced by the learned Advocate for the respondent-Bank in other two Writ Petitions. 20. However, the Government has filed power in all the writ petitions but they did not come forÂward with any affidavit-in-opposition nor......ents (Pvt.) Ltd., represented by MD and another....Petitioners Vs. Bangladesh and others……………….Respondents Judgment March 15, 2007. Cases Referred To- India vs. Elphinstone Spinning and Weaving Co. Ltd, 2001 (1) JT SC, P 563; Canada Sugar Refining Company vs. R(1898) ......of no legal effect. In order to substantiate his argument, the learned Advocate further contends that the word "মামলা" used in section 60(3) of the Ain has been issued not in a generic or vagrant sense so as to include any and every kind of action pending in a Court of law. Rather, it has ..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......ts that the petitioner admitted in his statements that he worked in collaboration with his controlling officers in collecting spot quotations and issuing work orders which was completely beyond their power and the petitioner being an employee of a local authority cannot act illegally on the basis of..........Petitioner Vs. Bangladesh Water Development Board and others.........Respondents Judgment April 23, 2007. Result: The Rule is discharged. The domestic tribunal is not a court to follow procedures of the trial or enquiry accordÂing to the Civil Procedure Code. In appropriate...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged withÂout any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......awÂful authority and of no legal effect and also the proviÂsions laid down in section 2(ga)(4) and 50 of the Artha Rin Adalat Ain, 2003 being inconsistent with the recognised principle of juridical power which also fails to secure economic and social justice as contemplated in Articles 8(2) and 20......same cause of action are being disposed of by this single judgment. In Writ Petition No. 6579 of 2004 a Rule Nisi has been issued under Article 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date...... come within the mischief of "unearned income" as contemplated in Article 20(2) of the Bangladesh Constitution. In fact, the right to earn interest by banks and financial institutions out of the loan granted, cannot attract the provisions of Article 20(2) read together with Article 20(1) of the Cons..Category: Others | Date: | Hits: 104
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ...... Judgment February 2, 2006. Lawyers involved: Abdul Baset Majumder, Advocate (absent at the time of hearing) — For the Petitioner Md. Helaluddin Mollah, Deputy Attorney-General -For the State. Criminal Miscellaneous Case No. 5461 of 2005. Judgment ......ner was in custody, it is very unfortunate that suppressing the said facts, the accused petitioner A. Wadud obtained anticipatory bail from this Court. Here, it may be pointed out that at the time of granting anticipatory bail, it is the requirement of law that the accused must be present before the..Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ...... This Rule, calls in question the legality and propriety of the order dated 6-8-1984 passed by the learned Subordinate Judge, Thakurgaon, in Other Class Suit No. 51 of 1981, permitting the plaintiffs to withdraw the suit, without permitting them to sue afresh the selfsame cause of action. 2. ......erty. On transfer, the same was re-numbered as Title Suit No. 51 of 1981. 3. The plaintiffs' case, in brief, is that Dabiruddin Ahamed Chowdhury was the original landlord of the suit property, who granted pattan to Bazru Mahmud, predecessor of the plaintiffs; that the suit property was wrongly re..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....nt was either not genuine or had not been validly executed. Section 263 gives discreÂtion to the Court in the matter of revocation of the grant, which must be judicially exercised, and since it is a discretionary power, revocation may be refused in a particular case-notwithstanding the existence an......ugh section 283 of the Succession Act does not render it obligatory on the District Delegate to issue any special citation, yet it is not only desirable but necessary in the ends of justice that this power should be exercised when it appears that some of the heirs whose interests are affected by the......tion under section 263 of the Successi on Act on 18-11Â-85 for revocation of the Letter of Administration before the learned District Judge on the allegation that the grant was obtained by resorting to forgery. The testator Harinath Majumder did not execute the will in favour of Surendra Nath Biswa......s Nos. 1 and 2 in the Miscellaneous case) Obtained a Letter of Administration of the will executed by Harinath Majumder on 25-6-66 in Miscellaneous Case No. 1 of 1966. Long after 19 years of the said grant the respondent No. 1 (responÂdent) Rabindra Nath Majhi filed an application under section 263..Category: Property Law | Date: | Hits: 68
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......te Court held that "jurisdiction of the Artha Rin Adalat has been created with a particular object for recovery of the loan and to that effect it is deemed to be a Civil Court, but it has not all the powers of the civil Court. "In the civil petition for leave to appeal the matter has been dealt with......in J.- At the time of issuance of the Rule, though the LC records were called for, but the same has not yet been arrived. During hearing of the Rule, it was felt that the LC records are not necessary to hear and dispose 6f the Rule. So, the Rule be treated as ready and the same be taken up for heari......been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ..Category: Civil Law | Date: | Hits: 82
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......pect, it is repelled." 24. We have closely read the aforesaid decisions particularly those of the Appellate Division. We find in the case of A. Hannan only the scope of section 19 of the Act empowering exemption was considered. It is also noted that after said decision, section 30A was insert......angladesh represented by the Secretary, Ministry of FinÂance and others……...Respondents (in all the writ petitions) Judgment July 30, 2007. Cases Referred To- ColÂlector of Customs vs. A Hannan, 42 DLR (AD) 167; Collector of Customs vs. Ahmed Hossain, 48 DLR (AD) 19...... and other charges. 10. He submitted that in view of sections 19,30 and 30A, subsequent Notification being SRO No. 233 dated 20-10-98 which reduced only the rate of exemption that was earlier granted under section 19 of the Act vide the Notification being SRO No. 108 dated 11-6-98 is wholly ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......d Dawratul Hadith Course while doing Fazil Course. Under such circumstances, the Vice-Chancellor stayed the earlier decision of the SynÂdicate regarding appointment of the petitioner by invoking his power under section 12(8) of the National University Act, 1992 and placed this matter for considerat......€¦â€¦â€¦â€¦â€¦â€¦...Petitioner Vs. Jatiyo Bishwabiddalay and others…………………….Respondents Judgment March 15, 2007. Result: The Rule is made absolute. Cases Referred to- Dr. Md. Alamgir vs. Vice-Chancellor, BUET and others, 53 DLR 398; Dr Matiur Rob being dead hi......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......a only with the jurisdiction to hear and dispose of such application for succession certificate, learned Additional District Judge held that learned Subordinate Judge, Arbitration Court, Dhaka had no power to hear and/or issue any succession certificate. Accordingly, order issuing succession certifi......n purportedly under section 372 of the Succession Act, 1925 in the 3rd Court of Subordinate Judge at Dhaka for issue of a succession certificate in respect of Taka 2, 00,000 detailed in the schedules to the application left by his father, late Shahabuddin Ahmed Khan Squadron Leader of the Bangladesh......ge, 7th Court at Dhaka in Miscellaneous Appeal No. 15 of 1995 reversing those dated 14-1-95 passed by Subordinate Judge Arbitration Court at Dhaka Succession Case No. 33 of 1992 which set aside order granting a succession certificate. 2. Short facts for disposal of the Rule are, that on 20-1-91 o..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ...... this Rule for hearing. 3. Mr. MA Tareq, the learned Advocate of the petitioner, submits that the learned Subordinate Judge acted illegally in setting aside the ex parte decree exercising inherent power under section 151(1) CPC overriding the special provisions of section 6(2) of the Artha Rin Ad......Bank Limited…………………………………….Petitioner Vs. Mazid and Co. and others…………………………..Opposite Parties Judgment December 3, 2000. Cases Referred to- Sultana Jute Mills vs. Agrani Bank 46 DLR (AD) 174; Civil Revision No. 3542 of 1992 Carabean ......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ..Category: Procedural Law | Date: | Hits: 67
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
.... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145.......issed. 4. As the trial of the suit commenced on 22-2-97, one Nur Mohammad, the constituted attorney of the plaintiff was examined as P.W. 1. The defendant challenged the genuineness of the alleged power of attorney on the basis of which Nun Mohammad acting as an attorney deposed on behalf of the ...... possession in the suit property or in any way interfering with the peaceful possession of the plaintiffs therein. The plaintiff’s case, in short, is that the suit land measuring 1.59 acre belonged to Syed Mesbahuddoza, Syed Anwaruddoza and Chowdhury Md. Ilyas. Chowdhury Md. Ilyas died leaving son......ing plaintiff Md. Asgar Ali is allowed. The learned Senior Assistant Judge, Thakurgaon is directed to proceed with the suit according to law as expeditiously as possible. The order of stay earlier granted by this Court stands vacated. Communicate the order of the Court to the learned Senior As..Category: Procedural Law | Date: | Hits: 76
.... instead of resorting to the shortcut proÂvision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disÂposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ......egulations, 2003 clearÂly shows that the regulations shall apply to all employee of the Bank and definiÂtion of the employee is noted in rule 3(1) (a). It appears that the General Manager has given power to terminate service of any employee as noted in the aforesaid rule and there is nothing in th......Advocate, instructÂed Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos.1 and 2. (In all the cases).
Not represented- Respondent Nos. 3-4 (In all the cases).
Civil Petition for Leave to Appeal Nos. 1309-1310 and 1317-24 of 2008.
(From the judgment and order dated the 23rd day of ...... instead of resorting to the shortcut proÂvision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disÂposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ..
Category: Administrative Law | Date: | Hits: 215
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