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.... 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......
Lawyers Involved:
Abdul Quayum, 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) pass......to know of the order in question, Annexure D for the first time on 10-3-1996. From the copy of the impugned order it appears that the respondent No. 1 alone passed the impugned order and there was no meeting of the Board nor the members as required under the law deliberated nor signed the order. The..
Category: Property Law | Date: | Hits: 24
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
....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......ate Respondent Nos. 3-5. Writ 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...... 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...Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
.... 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 ......r Respondent No.5. Writ Petition No.1216 of 1999. Judgment Mainur Reza Chowdhury J.- On the application filed by the petitioner under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why calling of hartal on 18-4-99 or on any other da......o move freely throughout Bangladesh, to reside and settle in any place therein and to leave and re-enter Bangladesh. 37. Every citizen shall have the right to assemble and to participate in public meetings and processions peacefully and without arms, subject to any reasonable restrictions imposed..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....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 .......05.2009 after hearing of the said writ petition a Division Bench of the High Court Division was pleased to issue Rule and passed an interim order in the following term- "Let a Rule Nisi be issued calling upon the respondents to show cause as to why a direction should not be given to the responde......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. ..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
.... 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......f disposing of their shareholding. 8. Thereafter the High Court Division by judgment dated 26.11.2007 in the Company Matter No. 134 of 2005 and Company Matter No.149 of 2007 condoned the delay for calling and holding the said 20th, 21st and 22nd AGMs. Pursuant to the said condonation of delay by ......r holding 20th, 21st and 22nd AGMs of United Commercial Bank Ltd. as illegal and directing United commercial Bank Ltd. to (a) prepare fresh balance sheets showing the paid up capital at the post 2001 meeting level for the years 2003, 2004 and 2005; (b) fix afresh a record date for the 20th, 21st and..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....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......the documents. It appears that the vessel MV Hemayetuddin is under charter with the plaintiff with effect from 6‑12‑2001 for a period of one year. Under such circumstances, let a notice be issued calling upon the defendant to show cause as to why the order of temporary injunction should not be i......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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Bhola Vs. State, 2001, 30 CLC (HCD)
....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......hman & others Vs. The State, 6 BLD (AD) 79; Mobarak Hossain Vs. The State, 1 BLD 286. Lawyers Involved: Md. Kaisar Ali, Advocate‑ For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney-General with Md. Jalaluddin, Assistant Attorney-General‑ For the State. Criminal App......er father was killed on Monday in the month of Poush. The dead body of her father was found in the field of Gota. On the date of occurrence in the evening accused Shamsuddin, Jabbar, Bhola and Sobhan called and took away her father saying that they would clear up the accounts and execute sale deed. ......at he did not tell the Daroga that there was enmity in between Jabbar and Mohammad Ali over the land or Joymon alias Jamila was not working in the house of Jabbar or Jamila did not tell him about the meeting of Mohammad Ali with the accused persons in the house of Jabbar or the wife of Mohammad Ali ..Category: Criminal Law | Date: | Hits: 41
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....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......of 1959) whereby jurisdiction of all Courts including the Supreme Court was ousted, it was held as under: "If a statute provides that an order made by an authority acting under it shall not be called in question in any Court; all that is necessary to oust the jurisdiction of the courts is tha......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. ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....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......Advocate—For the Petitioner. MA Samad, Advocate—For Respondent Nos. 2, 3, 4 and 5. Writ Petition No. 1558 of 1997. Judgment Zinat Ara J.- In this Rule, the petitioner calls in question the legality of the order bearing Memo No. JFCI/BIPINON-27/FMC (Sherpur) 146 dated......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
....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 ......the Code.
For the reasons stated, I do not find any substance in this Rule.
In the result, the Rule is discharged. The order of status quo passed at the time of issuance of the Rule is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
......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)
.... 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......appellate authority cannot set aside such admission in the absence of definite finding that the discretion by the appellate authority was exercised either in violation of certain provisions of law or callously or arbitrarily. 17. For the reasons stated, there is no escape from the conclusion ......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
....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......Assistant Attorney-General—For Respondent No. 2.
Writ Petition No. 4345 of 2004.
Judgment
ATM Fazle Kabir J.- This Rule Nisi was issued at the instance of sole petitioner Md. Amirul Islam calling upon the respondents to show cause as to why the provisions in the Police Officers (Special ......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
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....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......r Opposite Party No.1. Not represented —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 pass......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)
...., 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......htaruzzaman, Advocates—For Respondent No. 6. Abdur Razzaque, Advocate—For Respondent No. 5. Writ Petition No. 4190 of 2005. Judgment Md. Awlad Ali J.- This Rule was issued calling upon the respondents to show cause as to why the notice dated 13-6-2005 published in the dai......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
.... 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......osecution in respect of him. No other ground was mentioned in the application for withdrawal from the prosecution of the said principal accused. The only reason assigned was that the case was a politically motivated one. On perusal of the first information report and the police report, we noticed th...... 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. ..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....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. ...... 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
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....rdinance, that is, two and half times of the reassessed income. 14. To understand the purport of impugned orders, we need to read certain provisions of the Ordinance. Section 93 of the Ordinance empowers the Deputy Commissioner of Taxes to reassess the total income of an assessee if any income ch......March 28, 2007. Case Referred To- Raghuvanshi Mills Ltd vs. CIT; 1952 22 ITR 484 (SC). Lawyers involved: Mosharraf Hossain, Advocate—For the Petitioner. Md. Rezaul Islam, Assistant Attorney-General—For the Respondents. Writ Petition No. 5143 of 2005. Judgment Md. Abdur Ra......ssioner of Taxes therefore acted beyond his jurisdiction to work out the money used and invested out of a bank loan in the renovation of house as an increase of assets and ultimately, in assessing so-called increase as "income from other sources" under sub-section (1) of section 19 read with section......no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
.... 43. Neither the acquiring body, the government nor the requiring body, the erstwhile DIT now RAJUK appear in and contest the suit. Section 8 of the Emergency (Requisition) of Property Act, 1948, empowers the Deputy Commissioner only to release unused land. Claim of the DCC that it got possession ......yan Mohajan and another 2006 BLD (AD) 145 = 11 BLC (AD) 226; Sarashijaksha Chatterjee and others vs. Karpor Kamini Devi and others, AIR 1937 Calcutta 745; S Sibtain Fazli vs. Messrs Star Film Distributors 14 DLR 307; Kayemat Ali Sakidar and others vs. Jainuddin Talukder, 14 DLR 657; Commander (Retd....... shops through his sons. 26. He submitted that the Court of appeal below rightly decreed the suit in the facts and circumstances of the case and the evidence on record and such decree does not call for any interference. 27. He submitted that when the plaintiff was admittedly owner in p......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....against her grievance, if any, against the pending proceeding before the competent Court of Criminal Jurisdiction; that notice under Rule 15(ঘ) of the Emergency Power Rules, 2007 is a discretionary power. After issuance of notice under section 26 of the Ain notice under Rule 15(ঘ) does not arise......etitioner. Rafique-ul-Huq, Senior Advocate instructed by Md. Wahidullah, Advocate-on-Record—For the Respondent Nos. 1-2. Not represented—the Respondent Nos. 3-7. Civil Petition for leave to Appeal No. 1432 of 2008. (From the judgment and order dated the 18th day of June, 2008 passed ......nt of her property, movable and immovable. In the absence of any order or notice under aforesaid provisions of law, lodging of first information report against her must be held to be unwarranted, uncalled for and mala fide. As there was no substantive offence in acceptance with law against respond......ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ..Category: Anti-Corruption Laws | Date: | Hits: 143
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......eoples’ Republic of Bangladesh, represented by the Secretary, Ministry of Works, Secretariat Building, Dhaka..........................Respondent Judment March 31, 1987. Cases Referred to- State of Bombay vs. Pandurang Vinayak and others, A.I.R. 1953 (S.C) 244; East End Dwelling C......General-for the Respondent. Writ Petition No. 120 of 1985. Judgment Mustafa Kamal J. - This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondent to show cause why the memo dated 4.2.85 (Annexure-R) passed by the Minis......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ..Category: Immigration and Citizenship Law | Date: | Hits: 188
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