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Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......a voter of Cox's Bazaar Municipality with voter No.22 1373362050. The cause of action to file the writ petition as it appears from the statements made in the writ petition was that in exercise of power as conferred by section 17 of the Local Government (Pourashava) Act, 2009 and rule 4 of the Lo......n itself is maintainable in law or whether the writ petitioner has got any interest in the matter Writ-petition in question could not be termed as public interest litigation. Before going into the merit of a writ petition the first and primary duty of the writ Bench is to see whether writ ......our) Pourashavas, namely, Cox's Bazaar Sadar, Teknaf, Moheshkhali and Chokaria as valid and lawful and as such, the impugned judgment and order calls for interference by this Court by way of granting leave. 10. Mr. Fida M. Kamal, learned Counsel, appearing for respondent Nos.11-13 and ..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ...... Sub-Registrar, Sadar Record Room, Tejgaon, Dhaka as P.W.5 in his examination-in-chief stated that on 24-9-2007 investigation officer of this case came to his office and took the photocopy of the two powers of Attorney. He also stated that he gave report in respect of the said deeds. He proved the r......another.........................Respondents Judgment March 29, 2011. Result: The appeal is allowed. Appeal under section 15 According to section 15 of Building Construction Act, 1952 if any person is aggrieved by any order passed by a......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......ecree holder from enjoyment of the fruit of the decree. In the meantime 16years have passed under the coverage of the instant vexatious litigation. In 'view of the above, and in applying our power conferred under section 35A of the code of civil procedure, we award a cost at Taka 1,00,000 (......t Appellants Vs. Imperial Chemical Industries Bangladesh Limited.........Plaintiff-Respondent Judgment March 20, 2011. Result: The appeal is allowed. Cases Referred to- Wali, 19 DLR (Sc) 143; 28 DLR 392. Lawyers Involved: Fazlul Karim with Md. Omar F......ithdraw that amount before getting the kabala deed executed and registered. It was the further case of the plaintiff that the defendant Nos.1 and 2 failed to deposit soletium within the time limit as granted by the Appellate Division and, as such, they were not entitled to get any deed executed..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ......liberation 1971. The petitioner before going on LPR lastly served as an Assistant General Manager, Narayangonj Branch, Pubali Bank Ltd. 3. The Hon'ble President of the country in exercise of power as provided in Article 93(1) of the Constitution of the People's Republic of Bangladesh pr......………..Petitioner Vs. Pubali Bank Ltd and others...............Respondent Judgment March 13, 2011. Result: The Rule is discharged. Cases Referred to- MH Chowdhury Vs. GM, Titas Gas Transmission and Distribution Co. Ltd. 1981 BLD (AD) 61; Baj...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......1999, in the 52nd meeting of the Board, the issue of retirement of the petitioner was raised. The Board held a discussion with reference to Section 14(1) of the Ordinance, and resolved that since the power of appointment of the Managing Director had been vested in the Board, and since the petitioner......inancial Institutions Division, Ministry of Finance and others …………… Respondents Order March 8, 2011. Result: The writ petition is summarily rejected. Case referred to- United Commercial Bank Ltd and another Vs. Rahimafrooz Batteries and others, 7 BLC (AD) 73.......nt to Section 14(2) of the Ordinance, unanimously decided to appoint the petitioner as the Managing Director of Grameen Bank. In response thereto Bangladesh Bank vide its memo No.1238 dated 25.8.1990 granted approval to the appointment. 8. Following the approval from Bangladesh Bank, Grameen Ba..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
....ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
......onclusive and binding on all parties to the contract. Admittedly in the instant case arbitration shall be governed by the Arbitration Act, 2001. Section 10 of the Arbitration Act, 2001 envisages power of the Court to stay illegal proceedings where there is an arbitration agreement between ......titioner
Vs.
M/s. Abdul Mannan and anothers.................Respondents
Judgment
February 23, 2011.
Result:
These leave petitions are dismissed.
Cases Referred to-
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation, 8 MLR (AD) 4 = 55 DLR...... aspects of the matter both the Rules were made absolute and hence the impugned judgments and orders passed by the High Court Division in both the Rules are liable to be set-aside and leave should be granted.
11. Mr. Khair Azaz Masud, the learned Advocate for the respondent No.1 submits that th..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
....ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
......itional evidence to be adduced subject to the limitations or restrictions provided in the rule 27 of Order XL of the Code of Civil Procedure, 1908 and such admission should not be encouraged and power to admit additional evidence should be sparingly used. What the limitations are-have also been......Court
High Court Division
(Civil)
Present:
ABM Khairul Haque CJ
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Hussain Fabrics Ltd. Represented by its Managing Director and another………….Petitioners
Vs.
Haji Momena Khatun and oth......ntered into the industry of M/S Hussain Fabrics Ltd and looted away valuable goods and machineries violating the order of injunction of the High Court Division and the order of maintaining status quo granted by the Chief Metropolitan Magistrate, Dhaka and thereafter, the defendant No.2 filed Contemp..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ...... a specific recommendation on 6.3.2002 for restoring the order dated 13.11.2001 passed by the Settlement-Officer in appeal cases. 7. On 17.3.2002, the Settlement-Officer, by exercising his special power and authority under Rule 42 of the Tenancy Rules, 1955, resorted the judgment and order passed......ebruary 15, 2011. Result: The Rule is made absolute. The proceeding under article 102(2) of the Constitution is a summary one and it is mainly decided on the statements and documents annexed to the writ petition and the affidavit-in-opposition filed by the respective parties. In this summar......t No.3 contained in annexure-H to the writ petition for rehearing of above 3 cases on 24.07.2002 are declared to have been passed without lawful authority having no legal effect. The order of stay granted at the time of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ......t for realization of its outstanding dues against the authority of Grameen Samaj Kendra and the said suit was decreed ex-parte beyond the knowledge of the trust authority; that Shankar Basu was not empowered to mortgage the suit and as per will, the defendant Nos.1-3 in connivance with each other cr......………..Respondent Judgment February 9, 2011 Result: The Rule is discharged of. Artha Rin Adalat Ain, 2003; Section 32 The party (plaintiff-petitioner) took a wrong way to ventilate his grievances, other than the recourse prescribed by specific provisi......rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Md. Tota Howlader Vs. State, 2011, 40 CLC (HCD)
....f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355.......f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355..............For the respondent Judgment February 1, 2011. Result: The appeal is allowed. Lawyers Involved: Golam Abbas Chowdhury, Advocate - For the appellant. Biswojit Roy, Deputy Attorney General, with Md. Moniruzzaman, Assistant Attorney General with Kazi Md. Mahmudul Karim, Assi......that the victim Liza eloped with the appellant out of her own free will and volition. He lastly submits that meanwhile the matter in issue was compromised between the parties. So the appellant may be granted bail. 5. The learned Assistant Attorney General appearing for respondent opposes the appe..Category: Women and Children | Date: 1 Feb, 2011 | Hits: 178
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......t to the provisions of this Constitution The expression "subject to the provisions of this Constitution" in Article 124 of the Constitution indicates that the object of Article 124 is to empower the Parliament to make any law making provision with respect to all matters relating to or in......Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petition for Leave to Appeal is dismissed. Words and Phrases Amendment and Amendment of a statute. ...... the wrong reasons or by the wrong procedure. In law the consequences are exactly the same; an improper motive or a false step in procedure makes an administrative act just as illegal as does a flagrant excess of authority. Unless the courts are able to develop doctrines of this kind, and to app..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
....rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
......sum so adjudged from the date of the decree to the date of payment. Purpose of this section has been expressed in a complex sentence, and if it is simplified, it will show that the court has got power to award interest for three distinct periods-(l) the period from the date a sum is payable to ......gstha Order (PO 128 of 1972); Article 33(1)(d)
The High Court Division concurred with the decision of the trial court excepting that the awarding of interest of Taka 33 lakh for the period prior to the institution of the suit was not interest, but compensation in the form of interest. Interest ......ant being aggrieved by and dissatisfied with the impugned judgment and order dated 4-6-2000 passed by the High Court Division preferred the instant Appeal with the leave of this Court.
Leave was granted to consider the following grounds:
(I) whether the respondent No. 1-She Shipping L..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ......ult: The Rule is discharged. Applicability of the principle of 'locus penitentiae' under Section 21 of the General Clauses Act- The authority competent to make an order has the power to undo the same; but the order cannot be withdrawn or rescinded once it has taken legal effec......December 9, 2010 Result: The Rule is discharged. Applicability of the principle of 'locus penitentiae' under Section 21 of the General Clauses Act- The authority competent to make an order has the power to undo the same; but the order cannot be withdrawn or rescinded once...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......s Vs. Md. Yousuf and others..............................................Respondents Judgment December 8, 2010. Result: The appeal is allowed. Cases Referred to- Shamsuddin Ahmed Vs. Mohd Hassan, 31 DLR (AD) 155. Lawyers Involved: Nur Hossain ....... Being aggrieved by the impugned judgment and order passed by the High Court Division the petitioners filed a Civil Petition for Leave to Appeal before this Court. 6. Leave was granted to consider the following points: (I) whether the learned Single Judge of the High..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)
....not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ......he Registrar of Co-operatives will form and appoint the Election Committee for holding the election of the Central Shamabay Samity. The respondent No.4-District Co-operative Officer, Tangail has no power to for holding election of Tangail Central Co-operative Bank Ltd. for 2008-2010 and the for......ah-al-Mamun, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondent No.6. None Represented—For the Respondent Nos.1-5 & 7-9. Civil Petition for Leave to Appeal No.560 of 2010. (From the judgment and order dated 06.10.2009 passed by the High Cou...... after hearing both the parties issued Rule and stayed the impugned order till hearing of the Rule. 5. It is stated that the respondent No.4 filed an application for vacating the order of stay granted by the High Court Division before the Appellate Division in Civil Miscellaneou..Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......d the application and relevant Annexure annexed thereto. 20. Section 561A of the Code of Criminal Procedure contemplates that nothing in this Code shall be deemed to limit or affect the inherent power of the High Court Division to make such orders as may be necessary to give effect to any order...... the alleged abetment of the petitioner without any supporting incriminating materials on record cannot be sustained at all. It seems that the implication of thepetitioner in this case as an abettor as found by the Anti-Corruption Commission during the investigation of the case is predicated up......roceedings of the case, so far as it relates to her………………………(31) After submission of police report in a case, there is no scope for granting anticipatory or pre-arrest bail as has been held in the case of the State Vs. Abdul Wahab S..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ......uch circumstances, the petitioner is not required to deposit 25% of the deccretal amount and section 32 (2) of the Ain, 2003 would not apply in this case. Section 57 of the said Ain gives inherent power to the Artha Rin Adalat to pass necessary order to meet the ends of justice and therefore, the......um…………………………………………...Petitioner Vs. The Artha Rin Adalat, Narayangonj and others….............. Respondents Judgment November 11, 2010. Cases Referred to- Victor Rodrix and others Vs. The 4th Artha Rin Court, Dhaka and others; Md. Delwar Hossain Vs...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......personally affected. The public wrong or injury is very much a primary concern of the Supreme Court which in the scheme of our Constitution is a Constitutional vehicle for exercising the judicial power of the people." 14. B.B. Ray Chowdhury J. while endorsing those arguments added as under:......010. Result: The appeal is dismissed with the observations. The Constitution of Bangladesh, Article 102. A Petition of Public Interest Litigation In considering a petition as PIL it is to be seen that where there is undoubtly public injury by the act or omission of the functionary of ......o.3. Civil Appeal No.200 of 2004. (From the judgment and order dated 17.2.2004 passed by the High Court Division in Writ Petition No.948 of 1997.) Judgment Surendra Kumar Sinha J. - Leave granted. 2. Appellant, the Bangladesh Environmental Lawyers Association, (BELA) questioned the pr..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ......sposed of in accordance with the same observation and findings. 8. We have gone through the grounds taken in the application for quashment. It is stated that the Bank authority has no power to start a criminal case against the employee of the Grameen Bank for the purpose of reco......ase No.155598 of 2009. Judgment Khondker Musa Khaled J. - On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-parties to show cause as to why the proceedings of CR Case No.54 of 2008 under section 408 of the Penal......ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......a Council were the custodian of the Muktijoddha Council, at he instance of the then Vice-Chairman (at present Chairman) Md. Kabir Ahmed, without any organization's approval by abuse of their powers withdrew Taka 50,00,000 (Taka fifty lakh) from the said Bank account vide Cheque No. 1474231 ......inal Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Redwan Ahmed................Petitioner Vs. Bangladesh..............Respondents Judgment October 25, 2010. Result: The Rule is discharged. Cases Referred to- Md. Nazimuddi......ndent sanction, and which is for the purpose of taking cognizance, whereas the sanction under section 32(2) of the Act 2004 is for a separate purpose, namely, submission of charge sheet. The sanction granted in Form 3 under Rule 15(7) of the Rules expressly stipulates that such sanction is for ..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
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