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Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
....iyan, the learned Counsel appearing for the petitioners, submitted that section 21 of the Securities and Exchange Ordinance, 1969 not having provided any principle or guideline for the exercise of power to order or cause an enquiry to be made by the commission into the affairs of the issuer of a......r. Mahmudul Islam, Senior Advocate, instructed by Md. Ahsanullah Patwary, Advocate-on-Record- Respondent No. 2. Not represented- Respondent Nos. 1, 3-5. Civil Petition for leave to Appeal No. 1581 of 2002. (From the Order dated 20th August 2002 passed by the High Court ...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ..Category: Criminal Law | Date: | Hits: 36
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....ur Rab as plaintiff on 17.11.1990 instituted Title Suit No.388 of 1990 in the First Court of Assistant Judge at Dhaka against Abdul Jalil and others for a decree of declaration including one that the power of attorney being No.7005 dated 02.07.80 and 8008 dated 30.12.89 executed and registered by de......Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Appellant. Not Represented- For the Respondent. Civil Petition for Leave to Appeal No. 258 of 2005 (From the judgment and order dated 14th December, 2004 passed by the Hi......st illegally declared title of Rabiul Awal in the suit property. 13. Similarly, Abdur Rab failed miserably to prove the power of Idris Ali to transfer any right of the original allottee. By the so-called power of attorney dated 12.08.1985 Abdur Rab therefore, acquired no right in the property. Ac......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221...Category: Tenancy Law | Date: | Hits: 180
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....bove observation, the respondent-contemner Nos.3-5 took the actions on bonafide belief. It also referred to two decisions reported in 14 DLR (SC) 273 and 15 DLR (SC) 150 and has submitted that the power granted to the Court to decide the question of contempt of Court should be used very sparingl......p contempt of Court, a Contempt Petition No.84 of 2002 arising out of Writ Petition No. 1010 of 2002 was filed on 16 November 2002 whereupon a rule was issued calling upon the appellants and others to show cause as to why contempt proceeding should not be drawn up against them and/or pass such ot...... J.- Upon an application for drawing up contempt of Court, a Contempt Petition No.84 of 2002 arising out of Writ Petition No. 1010 of 2002 was filed on 16 November 2002 whereupon a rule was issued calling upon the appellants and others to show cause as to why contempt proceeding should not be dr......lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ..Category: Criminal Law | Date: | Hits: 47
Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
....rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ......y Sufia Khatun, Advocate-on-Record- For the Petitioner. A.K.M. Shahidul Huq, Advocate on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 555 of 2005. (From the judgment and order dated 2.3.2005 passed by the High Cou......proper consideration of the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also......rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ..Category: Property Law | Date: | Hits: 23
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ........Respondent Judgment September 13, 2007. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record- For the Appellant Zahurul Islam Mukul, Deputy Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record- For the Respondent ......xhibit-1 was genuine. 9. It also appears from the record that before the revisional Court it has been contended from the side of the accused-petitioner that the alleged transaction does not call for any criminal action, rather it was civil liability only and as such, the impugned order of......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ..Category: Criminal Law | Date: | Hits: 42
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ...... (Civil) Present: Mohommad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Ratan Chandra Dey and others ..........Petitioners Vs. Jinnator Nahar and others………….... Respondents Judgment 29 Jul......eration of the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also R......n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)
....hile he was working as an ASI of Special Branch, Dhaka received the impugned malafide and illegal order dated 07.10.2003 issued by the Inspector General of Police (Acting) in purported exercise of power under Section 9(2) of the Public Servants (Retirement) Act, 1974 on 11.10.2003. The impugned .................Petitioners Vs. Md. Waziullah........................Respondent Judgment February 6, 2008. Lawyers Involved: Hasan Faez Siddique, Additional Attorney General, instructed by Zainul Abedin, Advocate-on-Record- For the Petitioners A. F. ...... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ...... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ..Category: Administrative Law | Date: | Hits: 120
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....ed in the FIR tried to grab the said property by showing lease of the same in favour of some fake persons and at their instance, two persons, Motahar Ali and Mokter Ali, on the basis of two alleged power of attornies dated 28.9.1978 and 24.10.1979, claimed to be the owner of the said property but......tructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioners (In both the cases) Not represented- Respondent (In both the cases) Criminal Petition for Leave to Appeal Nos. 314-315 of 2005. (From the judgment and order dated 24.5.2007 passed by the H......consideration of the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also R......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ..Category: Criminal Law | Date: | Hits: 43
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......awyers Involved: M. Enayetur Rahim, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 451 of 2004. (From the judgment and order dated 21.10.2003 passed by the ......proper consideration of the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is als......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ..Category: Property Law | Date: | Hits: 60
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
.... the step motherly treatment meted out to the accountants of the Supreme Court of Bangladesh. It was further stated that as per Services (Re-organization and Condition) Act 1975 the Government have power to uniform the grade arid scale and other terms and conditions of the service amongst the em......oner Vs. Md. Abdur Rashid and others ....................................Respondents Judgment: February 2, 2006 Lawyers Involved: A. Azim Khair, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-record- For the Petitioners. ...... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ......igh Court Division drawing their salaries at the scale of Tk. 2250/-Tk. 4735/- and that the Accountants of both the Divisions prepare budget fur the Supreme Court of Bangladesh, they attend budget meetings of the Ministry of Finance and represent their respective offices and answer to different ..Category: Employment/Service Law | Date: | Hits: 69
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
.... Abdul Wadud Bhuiyan, the learned Senior Counsel for the appellant. 7. The pertinent question for determination in this matter is whether the learned Joint District Judge and Arbitrator had power to review his judgment earlier passed in view of the fact that in the Acquisition and Requisi......;………………… Appellant (in all the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Land Acquisition Collector & others..............................Respondents (in all the cases) Judgment ......ivil Procedure for the review of judgment and order dated 15.08.1991. The learned Subordinate Judge (now Joint District Judge) and Arbitrator allowed the. Arbitration Revision Miscellaneous Case, recalled the judgment and order dated 15.08.1991 and set aside the award dated 18.03.1989 made by the......cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....ourt though sitting on appeal over the judgment and order of acquittal passed by the High Court Division but unlike subordinate Courts even the High Court Division this Court has been given a special power to do complete justice under Article 104 of the Constitution, inasmuch as this Court has been ......Appeal No. 52 of 2007) Anisul Huq, learned Advocate, instructed by Syed Mahbubur Rahman, Advocate-in-Record—For the Appellant (In Criminal Appeal No. 53 of 2007) Abu Bakkar Siddique, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent (In both the cases)...... before the High Court Division under sections 417A, 423 or 439 of the Code of Criminal Procedure, there is no express provision of law requiring this Court (Appellate Division) to issue prior notice calling upon the convict to show cause against enhancement of his sentence. But it cannot be dispute...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..Category: Criminal Law | Date: | Hits: 94
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....randum which has no force of law. This- is a mere guide-line Further we find that the Bangladesh Public Service Commission (Consultation) Regulation. 1979 was made by the President in exercise of power conferred under Article 140 (2) of the Constitution on 27 October, 1979 which reads as follo...... May 8, 2000. Case Referred To- Bangladesh vs. Md. Matiur Rahman, 1982 BLD (AD)109 = 34 DLR (AD) 285. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record—For the Appellant. ......e same enquiry officer was directed to enquire into the 6th allegation brought against respondent No. 1 as the first and second enquiry were not held properly as the enquiry officer did not specifically mention about the 6th allegation brought against the respondent. As a matter of fact, it cann......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..Category: Administrative Law | Date: | Hits: 94
Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
.... Code of Civil Procedure, 1908 (V of 1908), Order XLI rule 14(3) Even though The High Court Division acted under section 151 of Code of Civil Procedure, Order XLI rule 14(3) has given ample power to the High Court Division to dispense with service of notice upon the non contesting respond...... of Civil Procedure, 1908 (V of 1908), Order XLI rule 14(3) Even though The High Court Division acted under section 151 of Code of Civil Procedure, Order XLI rule 14(3) has given ample power to the High Court Division to dispense with service of notice upon the non contesting respondents. ......o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ......o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ..Category: Election Law | Date: | Hits: 112
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....econdly, whether the notices were unduly dictated by Bangladesh Bank. Section 45 (1) (Ga) (Gha) and section 49 (kha) of the Basil Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning an business of banking companies. Therefore when Al Bank had intimated Ba...... The Bank Companies Act, 1991 (X of 1991), Sections 17, 45 & 49 As the petitioner submitted no representation under sub-section (2) of section 17 of the Act the writ petition, against notice to repay the loan and failing which directorship of the petitioner of the concerned bank to cease, w......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......ent No. 3, Managing Director, AB Bank contending that the notice under section 17(1) of the Bank Companies Act, 1991, as amended up-to-date were not required to be issued on the decision taken at the meeting of the Board of Directors and that the Managing Director had the authority to issue the same..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....ining no Code number or signature of the Assistant Presiding Officer Mr. Rafique-ul-Huq submits that under Article 91(c) the Election Commission may “issue such instructions and exercise such powers and make such consequential orders as may, in its opinion be necessary for ensuring that an ......ip;. Respondent Judgment August 26, 1999. The Representation of People’s Order, 1972 (President’s Order No. 155 of 1972), Article 31(2) (d) (e) A ballot paper is to be stamped on its back with full official mark and counterfoil is also to be stamped accordingly......s manipulated. The polling at Gabgachhiya Government Primary School Polling Centre not having been held in accordance with law, the polling was void as a whole and a fresh poll was necessary to be called for in those two polling centres. The ballot papers of all the polling centres under Pirojpu......nored by the High Court Division. The finding of the High Court Division that Shahidul Islam canvassed for the appellant was an abrupt one without the support of the evidence on record and without meeting the unassailable reasoning of the Tribunal in rejecting the evidence of PWs 3-6 and 20-24, ..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
....strict Judge summarily rejected the revision petition. Leave was granted to consider the following questions: (1) When the District Judge has 5 jurisdictions to decide the same matter under powers conferred by a statute viz. sections 73/74 of the Trust Act and also under certain terms of a......nd its audit and procedures for holding of election of the next committee and measures for their infraction. Articles 23 and 36 are the two articles which cover this contingency. A detailed reference to them at this stage is not called for, because the question of jurisdiction of the District Judge ......or holding of election of the next committee and measures for their infraction. Articles 23 and 36 are the two articles which cover this contingency. A detailed reference to them at this stage is not called for, because the question of jurisdiction of the District Judge is in question. The Committee......s constituted sometime in 1976. Dispute arose regarding the finalisation of the accounts and its submission before the Mela Committee, and it is alleged that this led the local people to hold a meeting and pass a vote of no-confidence against the Mela Committee. The President of the Mela C..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... “OFFICE OF THE DEPUTY COMMISSIONER NOAKHALI (L.G.R.D. Section) NOTIFICATION Noakhali the 30th November, 1976 No. 1087-LGRD - In exercise of power conferred upon me under Article of the Bangladesh Local Councils and Municipal Committees ....... 18 of 1977 summarily rejecting the appellant's petition wherein he impugned the orders of the respondent Nos. 2 and 3 ejecting his nomination paper and prayed for directing respondent No. 2 to make delimitation of the wards as per notification issued on November 30, 1976 and also for hold......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ..Category: Election Law | Date: | Hits: 114
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ference with the order of the Munsif passed under Order I rule 10 of the Code of Civil Procedure and committed an error of law in practically deciding the main issues of the suit while exercising the power under section 115 of the Code of Civil Procedure. 3. Respondent No. 1 instituted a suit bei......in Hossain CJ Fazle Munim J Ruhul Islam J Amal Kumar Moitra………………Appellant Vs. Md. Mashiur Rahman…………..Respondent Judgment February 23, 1978. Case Referred to: Shahaza Muhd Umar Beg Vs. Sultan Muhammad Khan (1970) 22 DLR (SC) 41. Lawyers Involved: ......he learned Judge failed to appreciate the limited scope of interference with the order of the Munsif passed under Order I rule 10 of the Code of Civil Procedure and committed an error of law in practically deciding the main issues of the suit while exercising the power under section 115 of the Code ......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....ased defendant.” 7. Now the question posed by Mr. Ali is whether the High Court which recorded the impugned order was competent to alter the said order in exercise of its inherent power under section 151 of the Code of Civil Procedure, 1908. He argued that even if it be assumed ......ury J Master Abdul Aziz………..Appellant Vs. Abani Mohan Mukherjee and others…. Respondents Judgment May 2, 1975. Cases Referred to: Brig Indar Singh T. Kanshi Ram, 44 Indian Appeals 218; Piyaratana v. Paharke, 4 D......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ..Category: Civil Law | Date: | Hits: 116
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