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Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ...... principles governing the courts discretions in declining to answer a Reference- 1. When the manner in which the question is framed e.g. broad and general and vague terms, or when it is beyond the power of the court to decide it, it is not possible to answer. 2. Speculative opinion on hypothet...... Nayeem Mominur Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 ......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......nexure-X(4), never originated from the Ministry of Works the Executive Engineer Sub-division-II, Mohammadpur Housing Estate, the respondent No.6, also filed affidavit-in-opposition stating that the powers of attorney are benami transactions and between the two, the attornies are the real benefic......ocate-on-Record-For the Petitioners (In all cases) Md. Ferozur Rahman, Advocate-on-Record-For the Respondent Nos.1-6. Not represented-Respondent No. 7. Civil Petition for Leave to Appeal No. 431-442 of 2005. From the judgment and order dated 04.09.2004 passed by the Hi......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......olders notifying that an Extra ordinary General Meeting would be held on 16.08.2005 at 10:00 A.M. at the registered office of the Company. The item 6 on the agenda was about the conferring of power for the operation of the bank accounts of the respondent company. The Extraordinary General M......Nawab Ali, Advocate-on-Record-For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-36. Civil Petition for Leave to Appeal No.261 of 2006. (From an order dated the 14th day of February, 2006 passed by the ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ..Category: Business or Commercial Law | Date: | Hits: 199
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......ting the plaint if not under Order 7 Rule 11, under Section 151 of the Code of Civil procedure inasmuch as Order 7 Rule 11 is not exhaustive. In an appropriate case resort may be taken to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordin...... Lawyers Involved: Fazlul Karim, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1426 of 2006. (From the judgment and order dated 18.10.2005 passed by the High ......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ..Category: Civil Law | Date: | Hits: 94
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......n considered that the plaintiffs are the recorded tenants in respect of the suit land and the plaintiff No. 4 paid rent as per exhibit-4 series. The High court Division also considered the original power of attorney authenticated by a notary public which was exhibited by the plaintiff appointing......ers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not presented-the Respondents. Civil Petition for leave to Appeal No.124 of 2008. (From the judgment dated 10.09.2007 passed by the High Court divis......the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ..Category: Property Law | Date: | Hits: 28
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......ved: Abdul Halim Chaklader, Senior Advocate-instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Review Petition for Leave to Appeal No.173 of 2008. (From the judgment and order dated the 2nd day of June, 2008 pass......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ..Category: Property Law | Date: | Hits: 25
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..............................Petitioners Vs. Sirajuddin Khan.....................Respondent Judgment April 5, 2009. Lawyers Involved: M. K. Rahman, Additional Attorney General, instructed by Md. Habibur Rahman Miah, Advocate-on-record-For the Petitioners. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..Category: Property Law | Date: | Hits: 30
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......nd as such the substantive charge the petitioner more so when there is no manners on the part of the petitioner and further even after the alternations, omissions and additions in the Articles, the power and authority that was conferred on the respondent No.1 as the management of the company in ......ed-Respondent No.2. Criminal Review Petition No. 16 of 2008. (From the judgment and order dated 17.04.2008 passed by the Appellate Division in Criminal petition for leave to Appeal No.107 of 2008). Judgment &n......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ..Category: Criminal Law | Date: | Hits: 44
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
.... 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: VI ADC (2009) 600. ......on the appellate Court to reassess the evidence on record and to arrive at his own independent findings. In the instant case, the specific findings of the trial Court have not been reversed by the power appellate Court exercising its appellate jurisdiction under Order XLI, Rule 31 of the Code of......rs Involved: Mihir Kanti Majumder, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.610 of 2007 (From the judgment and order dated the 14th day of January, 2007 pa...... 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: VI ADC (2009) 600. ..Category: Property Law | Date: | Hits: 27
Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)
....review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ......dition that the period of tenancy might be extended from time to time with an enhancement of rent at the rate of 7%. In clause 13 of the agreement, it is further stipulated that both parties are empowered to terminate the tenancy with three months, notice upon each other. The petitioners in......d another..............................Petitioners Vs. Dhaka City Corporation, represented by its Mayor, Nagar Bhaban, Dhaka and others. ....Respondents Judgment October 22, 2008. Lawyers Involved: Mainul Hosein, Senior Advocate, instructed by Md. T......review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ..Category: Business or Commercial Law | Date: | Hits: 169
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
.... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569.......g to a non Bengali vested in the Government of Bangladesh as abandoned property and the said building was occupied by different tenants including the plaintiff. The Government of Bangladesh under its power of management of abandoned properties, published auction notice for sale of the same "Mercanti......r 18, 2008. Result: The petition is dismissed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1385 of 2007. (From the judgment and order dated 11th February, 2007 passed by the...... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569...Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 563. ...... the properties describes in schedule Kha (1) of both the suits were mortgaged with the petitioner on 12.08.1997 by a registered deed of mortgaged dated 12.08.1997 accompanied by a registered power of attorney and also by deposit of original title deeds and that schedule Kha (2) of Artha Ri......ved: Md. Abdun Nur, Advocate-on-Record-For the Petitioner. Harun-or-Rashid, Advocate, instructed by Haridas Pal, Advocate-on-Record-For the Respondent. Civil Petition for leave to Appeal No.1414 of 2007. (From the judgment and order dated 27.08.2007 passed by the High ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 563. ..Category: Civil Law | Date: | Hits: 102
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ...... being in force and the rate of duty as prescribed may be levied, amended or altered from time to time either by the Finance Act or by any other appropriate legislature. But section 19 is the general power of exempting from custom duty under certain special circumstances when the Government consider......LT (AD) (2012) 60. ......nt of electronic traffic signal systems and introducing new comfortable bus service and 'taxicab' services in the metropolitan cities. The Government issued SRO No.56-Ain/99/1780/Cus dated 16.3.1999 granting duty reliefs and exemption under section 19 of the Customs Act, 1969, on the cars up to 20..Category: Fiscal/Taxation Law | Date: | Hits: 72
Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)
.... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ......alli Daridra Bimochan Foundation shortly PDBF was established and the employees of BRDB became employees of PDBF and under Section 29 of the said Act certain Regulations were framed exercising the power under Section 29 thereof for regulating the services of the employees of PDBF which came into......Abdul Matin J Mir Sattaruddin, Md. Johirul Alam, Md. Jamal Uddin and Md. Amir Hossain........Petitioners Vs. Palli Daridra Bimochon Foundation, represented by the Managing Director and another.............Respondents (In all the cases). Judgment December 4, 2008...... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ..Category: Employment/Service Law | Date: | Hits: 68
Khalil Mia and others Vs. State, 2007, 36 CLC (AD)
.... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ...... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ......yers Involved: Md. Shamsul Huda, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave to Appeal No.18 of 2006. (From the judgment and order dated the 22nd November, 2005 passed b......against the judgment and order dated 22.11.2005 passed by the High Court Division in Criminal Revision No.507 of 2005 under Section 439 of the Code of Criminal Procedure vacating the order of Stay granted earlier without hearing the Rule and directing the trial Court to conclude the trial e..Category: Criminal Law | Date: | Hits: 40
Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)
....e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......min CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Jabbar Sarder…........................Petitioner Vs. Assistant Custodian, Enemy Property, Pabna and others………........Respondents Judgment......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ..Category: Property Law | Date: | Hits: 24
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......ing condonation of delay is totally unsatisfactory. A judgment pronounced by this court is normally final and should not be readily disturbed or interfered with by resorting to the exercise of the power of review except in the manner provided by law. A party is not entitled to seek a review of a...... Judgment March 17, 2009. Case Referred To- Mahbubur Rahman Sikder Vs. Mojibur Rahman Sikder, 37 DLR (AD) 145. Lawyers Involved: Enayatur Rahim, Additional Attorney General, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Appellants. &nbs......e the respondent was enjoining his medical leave as per the advice of the doctor, the appellant No.2 by his letter dated 15.6.1993 informed the respondent that the leave as prayed for could not be granted and asked him to join his duties immediately without referring him to the Civil Surgeon. Th..Category: Administrative Law | Date: | Hits: 159
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ......t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. .............Appellants Vs. Pirpur Fishermen's Co-operative Society Limited........Respondent Judgment August18, 2008. Lawyers Involved: Nahida Yeasmin, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants. Ma...... same has been impugned in the Writ Petition No.789 of 1994. 3. The respondent No.1 contested the case 2 filing the writ petition alleging, inter alia that on 05.08.1981 respondent No.1 was granted lease of Gutaura Haor Group Fishery for 1389 to 1392 B.S. with eligibility for extensi..Category: Civil Law | Date: | Hits: 101
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
.... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......expressed its view "practice of granting relief summarily without issuing any rule is held to be illegal and unfair". 8. The provisions in section 151 C.P.C and the section 561A Cr. P.C do not empower or authorize the court to make an order affecting the other party in the proceeding without ...... Md. Ruhul Amin J. - This appeal, by leave, has arisen from the judgment and order dated 15th June, 1999 passed by the High Court Division in Criminal Revision No. 352 of 1999. 2. Facts leading to the filing of this appeal, in short, are respondent No. 1's father Ahmed Chowdhury of village Lat......Chowdhury, father of respondent No. 1. and thereafter on different occasions permission was sought for exhuming the dead body, but ultimately the Magistrate by the order of 28th July, 1996 refused to grant permission for exhuming the dead body of Ahmed Chowdhury for the purpose of post mortem examin..Category: Criminal Law | Date: | Hits: 37
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ......espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ......ellip;………....Appellant Vs. Nuru Mira.............Accused-Respondent Judgment May 16, 1993. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant. A. K. Badrul......sed by a 'Shorki" or any other pointed weapon like it. On these ......findings, the learned Judges gave the accused benefit of doubt, set aside his conviction and acquitted him. Leave was granted to consider whether theses two findings of the appellate Court are based on correct an..Category: Criminal Law | Date: | Hits: 44
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