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.... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
...... of the Limitation Act has no application. As the petitioner has no other alternative remedy he moved this Court and obtained the present Rule.
5. The respondent No. 6 entered appearance by filing power but at the time of hearing did not contest the Rule.
6. We have heard Mr. Abdul Quayum, the......uayum, Advocate—For the Petitioner.
Not represented—the Respondents.
Writ Petition No. 1638 of 1996.
Judgment
MM Ruhul Amin J.- This Rule Nisi was issued calling upon the respondents to show cause as to why impugned order dated 3-5-1992 (Annexure-D) passed in Debt Settlement Board C...... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
..
Category: Property Law | Date: | Hits: 24
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......ock exchange, which is desirous of being recognised for the purpose of this Act may make an application in the prescribed manner to the Central Government. Under section 4 the Central Government is empowered to grant recognition to a stock exchange. Among the factors to be considered in granting rec......t Petition No. 2884 of 2000. Judgment Md. Joynul Abedin J.- This Rule Nisi was issued under Article 102 of the Constitution of the Peoples Republic of Bangladesh calling upon respondent Nos. 1 to 5 to show cause as to why the impugned letter No. DSE-433/2000/403 dated 1-3-2000 issued by the r......e, which is desirous of being recognised for the purpose of this Act may make an application in the prescribed manner to the Central Government. Under section 4 the Central Government is empowered to grant recognition to a stock exchange. Among the factors to be considered in granting recognition, t..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ...... not accompanied by violence. But, in our present set-up, the reluctance and sometimes the political subservience of the law-enforcing agencies and the absence of political will exhibited by those in power at the relevant time has really led to a situation where there is no effective attempt made by......J Syed JR Mudassir Hussain J MA Aziz J Khondaker Modarresh Elahi……………. Petitioner Vs Government of the People’s Republic of Bangladesh……… Respondents Judgment October 25, 2000. Cases Referred To- Bharat Kumar K Palicha and another vs State of Kerala and ......he authority in question has acted in accordance with justice, reason or equity. 29. Now the petitioner’s right as an individual seeking a declaration that calling of hartal is illegal cannot be granted for the simple reason that if any threat to use of force or any injury is being caused to hi..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......ravention of the Act is liable to imprisonment not exceeding 5 years or a fine not exceeding Taka 50,000. More over under Section 7 of the Environment Conservation Act, 1995, the authority has been empowered to direct any person responsible for causing damage to the ecosystem for adopting corrective....... and others............Petitioners (In Civil Petition No.761 of 2010) Mollah Salt (Triple Refined) Industries Ltd., Sharmagonj, Enayetnagar, Fatullah, Narayangonj represented by its Managing Director Mr. Alhaj Khabir Uddin Moullah...................................................Petitioner (In ......r setting up its industry made an application to the respondent No.3 on 26.05.2005 for construction of a Semi pacca Jetty at the eastern side of the bank of Sitalaksha River and also praying for granting licence for use of the fore shore. Respondent No.3 the Bangladesh Inland Water Transport Au..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411....... only made it more complicated, occasioning failure of justice which requires interference for the ends of justice. 22. He submitted that the Section 14 of the Depositories Act 1999 (VI of 1999) empowers the SEC to give orders to issuers of shares relating to the interest of investors or smooth d......eard analogous with Company Matter Nos. 5, 10 and 11 of 2008.) Judgment Md. Abdul Matin J. - These three appeals arose out of the same judgment of the High Court Division and having been heard together are being disposed of under this judgment. C.A. No. 319 of 2008 has been filed by Mohamm......urt Division committed serious error of law in disposing of the aforesaid company matters with directions, travelling beyond its jurisdiction and ignoring the settled principles of law that it cannot grant any relief unless the reliefs sought come strictly within the four corners of the Companies Ac..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......el also, but when the possession of the said vessel was taken from the plaintiffs in defiance of the order of the Court, the proper administration of justice requires that in exercise of its inherent power the defendant ought to be directed to return the vessel to the plaintiffs till hearing of thei......or the Petitioner. Khan Saifur Rahman, Senior Advocate‑ For Respondent No. 1. Admiralty Suit No. 12 of 2001. Judgment A B M Khairul Haque J.- This is an application for an order of mandatory injunction, praying for recovery of possession of the vessel MV. Hemayetuddin M No. 6304 from t......orrect, will be considered at the proper time, but it is not necessary to do so in disposing of this petition. As such, when specifically asked as to why the order of mandatory junction should not be granted to restore the status quo at the time of institution of the suit, the learned advocate was w..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......l Jurisdiction) Present: Md. Abdur Rashid J Moulana Fariduddin Ahmed and another..................Petitioners Vs. Md. Kolimullah and others............Opposite Parties Judgment October 18, 2001. Lawyers Involved: Nur Hossain Chowdhury, Advocate‑ For the Petitioners. N......arty No. 1. 5. I have perused the judgments of the Courts below and heard the learned Advocate for the petitioners. Fact of both the suits rests on the legal effect of the deed of lease admittedly granted by father of opposite party No.1 in favour of the petitioner. The deed of lease was register..Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......Rafiqur Rahman with MA Baki, Advocates– For the Respondents. Civil Rule No. 576(R) of 1999 (Contempt). Judgment Syed Amirul Islam J.- This Rule was issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn of conviction and sentence dated 2......, where there is any other method of doing justice." Sub‑rule (3) of rule 2 of Order XXXIX of the Code reads as follows: (3) In case of disobedience, or of breach of any such terms, the Court granting injunction committing for contempt, being practically may order the property or the person ..Category: Property Law | Date: | Hits: 34
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......007 as amended by SRO No. 30-Ain/2O67, hereinafter referred to as "the said Rules", and submitted that in view of the aforesaid provision of the said Rules this Court is precluded from exercising the power under sections 497 and 498 of the Code of Criminal Procedure. The submission made by the learn......, 17 DLR (SC) 515 and Province of East Pakistan vs. SA Khan 40 DLR (AD) 202 . Lawyers involved: Abdul Matin Khasru, Advocate—For the Petitioners. Salahuddin Ahmed, Additional Attorney-General with Abdur Rouf, Deputy Attorney-General, Golam Mohammad Chowdhury, Deputy Attorney-G......t is submitted further that in the said decision the highest Court has held as under: "It is well recognised that no order is an order under the Act, if it was not passed in exercise of powers granted by the Act and was, therefore, without jurisdiction. 13. Dr Kamal Hossain, learned Co..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......refore, no doubt that the petitioner entered into a contract with the respondents for supplying fertiliser as a subsidiary of the corporation and the Government authorised it to exercise Government power to deal with fertiliser. As such, contract in this case is not an ordinary contract like sup......he petitioner calls in question the legality of the order bearing Memo No. JFCI/BIPINON-27/FMC (Sherpur) 146 dated 13-21997 passed by the General Manager (Commercial) on behalf of the Managing Director, Jamuna Fertiliser Company Limited, Jamalpur (Annexure-D) cancelling dealership agreement of t......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ..Category: Civil Law | Date: | Hits: 74
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
.... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......ourt Suit No. 13 of 2000. 2. Facts relevant for disposal of the Rule are as under. 3. The petitioner as plaintiff instituted Small Causes Court suit No. 13 of 2000 (hereinafter referred to as the SCC suit) in the Court of Senior Assistant Judge and the Court of Small Causes. Sadar, Mym...... same parties, or between parties under whom they or any of them claim litigating under the same title whether such suit is pending in the same or any other Court in Bangladesh having jurisdiction to grant the relief claimed, or in any court beyond the limits of Bangladesh established or continued b..Category: Property Law | Date: | Hits: 37
....le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......rcumstances, I find that the reasoning arrived at and the decision made by the Court of appeal below do not suffer from any illegality or error of law warranting interference by this Court exercising power under section 115(1) of the Code.
For the reasons stated, I do not find any substance in th......tioners herein) filed Title Suit No. 105 of 1978 against the defendants for declaration of title in the suit land.
3. The case of the plaintiff, in short, is that the suit land originally belonged to Priya Mondal. During his possession, he died leaving 2 minor sons namely, Pagla Mondal and Lalit ......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
..
Category: Property Law | Date: | Hits: 27
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268....... the Taxes Appellate Tribunal was justified to dismiss the appeal before the Appellate Joint Commissioner of Taxes on the ground of limitation only. 13. It is not disputed that sub-section 3 empowers the Appellate Joint Commissioner of Taxes to admit an appeal even after the expiration of spe......s……………………………..Respondent Judgment April 18, 2007. Lawyers involved: Borhan Uddin, Advocate—For the Applicant. Md. Rezaul Islam, Assistant Attorney-General—For the Respondent. Reference Application Nos. 205, 210 of 2002. Jud......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268...Category: Fiscal/Taxation Law | Date: | Hits: 63
....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......e order of suspension dated 18-1-2004 and complaint petition dated 27-12-2003 have been marked as Annexure-A, A-(l). Thereafter, on 24-1-2004 a charge was framed against the petitioner in exercise of powers under section 4(1)(3) of the Police Officers (Special Provisions) Ordinance, 1976. The copy o......86; Nurul Islam vs. Bangladesh 33 DLR (AD) 201.
Lawyers involved:
Abdur Rab Chaudhury with Salauddin Dolon and Syeda Anwara Sattar, Advocates—For the Petitioner.
Fida M Kamal, Additional Attorney-General with Adilur Rahman Khan, Deputy Attorney-General with Abdus Samad Kamal, Assistant At......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258...
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......s—For the Petitioner, Md. Badruddoza, Advocate—For Respondent No. 1. Petition No. 6137 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned decision dated 24-10-2001 (Annexure-F to the Writ Petition) pas......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......se Referred To- Tarak Chandra Majhi vs. Atahar Ali Howlader, 8 BLC (AD) 67. Lawyers involved: MA Quddus Sheikh, Advocate—For the Petitioners. Karuna Moy Chakma, Deputy Attorney-General— For Respondent No. 2. Writ Petition No. 3976 of 2000. Judgment ...... never left this country during the liberation war and her whereabouts was not unknown. The petitioners have submitted all the original documents including the original lease deed and lease agreement granted by the then Government of East Pakistan in favour of the original allottee Syed Md Yunus. Th..Category: Property Law | Date: | Hits: 33
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......ouse of informant as tenant and, as such, a cordial relationship grew amongst them. At one stage accused-petitioner along with his wife wanted money from the informant for doing business of importing power milk on condition to pay the profits of business. PW 1 gave cheques of Taka 38,00,000 to the a......esented —the State. Criminal Revision No. 351 of 2006. Judgment Md. Abdul Hye J.- This Rule under section 439 of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the judgment and order dated 2-8-2005 passed by Metropolitan Additional Sess......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......, inter alia, that the SRO No. 159 Ain/2005/450/(Mushak) was issued under the provision of VAT Act, 1991 and the Finance Bill 2005 was placed before the Parliament on 9-6-2005 and the Government is empowered to declare some sections of the Finance Bill to be effective from the day of placement of th......adesh Telecom (Pvt) Ltd. vs. Bangladesh T & T Board 48 DLR (AD) 20 . Lawyers involved: Md. Idrisur Rahman with Shamsul Haque, Advocates—For the Petitioners. AJ Mohammad Ali, Attorney-General with Nahid Mahtab, Assistant Attorney-General—For Respondent No. 3. Rafique-u......urt. And the second decision is in the case of Bangladesh Telecom (Pvt.) Ltd. vs. Bangladesh T&T Board and others reported in 48 DLR (AD) 20 in which. it has been observed that as the licence was granted to BTL in exercise of a statutory power and the cancellation thereof was also made in exerci..Category: Fiscal/Taxation Law | Date: | Hits: 131
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ...... 9. The learned Attorney-General has extraneously argued the tenor and scope of section 494, Cr.P.C. The learned Attorney-General submits that while it cannot be said that the Home Ministry has no power to instruct the Public Prosecutor to withdraw from the prosecution of any person "either gener......wyers involved: Bazlur Rahman Chhana with Dr. AKM Akhtarul Kabir, Advocates—For the Petitioner. Munsurul Huq Chowdhury with JEM Hasan, Advocates—For Opposite Party No. 1. Fida M Kamal, Attorney-General with Saifuddin Md. Aminur Rahim, Deputy Attorney-General— For the State. Crimina...... justified in incurring heavy expenses in fees, traveling allowances of the handwriting experts. The Magistrate though considered these grounds were not sufficient for not committing the accused, but granted permission to withdraw from the prosecution. The Full Bench was of the view that the consent..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
.... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......endants were tenants under the plaintiff. The plaintiff did not examine her in support of her case in the suits. Aforesaid Feroz Alam Advocate examined himself as PW 1 on her behalf on the basis of a power of attorney. From 23-9-01 to 13-10-02 he was examined. On the first day of his examination, he......nsation. The suit was then on transfer re-numbered as Suit No. 10 of 2002. 3. Plaint case, in short, is that Mujibor Rahman and Solaiman on 29-1-62 purchased the suit premises, which was described to be a one-storied semi-pucca house in plot No. 705(part) and 706(part) and fully described in the ...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..Category: Property Law | Date: | Hits: 35
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