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Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ......d Advocates of the respective parties. 9. This writ of certiorari has been filed against the impugned judgment and order of the First Court of Settlement, Dhaka. The High Court Division exercising power under Article 102 of the Constitution does not act as a Court of Appeal and, as such, it is no......¦Petitioners Vs. Chairman, First Court of Settlement and others…………………………Respondents Judgment May 25, 2005. Result: The Rule is made absolute. Cases Referred to- Secretary, Ministry of Works and others Vs. Kazi Ashrafuddin Ahmed, 55 DLR (AD) 16; Secretary...... No.254 of 1986 under Order IX, rule 13 of the Code of Civil Procedure which was ultimately dismissed. However, the Settlement Case No.177 of 1988 was dismissed by the First Court of Settlement in flagrant violation of the relevant provisions of the Ordinance No.54 of 1985 by the Judgment and Order ..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......n provides for the creation of the Election Commission for Bangladesh and Article 119 of the Constitution speaks of the function of the Election Commission and the Election Commission has the plenary power of superintendence, direction and control for holding free fair and transparent election.......Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 2005. Result: The Rule is made absolute. Directions sought for the petition to be allowed. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Rashid A...... has referred to the case of Mujibur Rahman Vs. Bangladesh reported in 44 DLR (AD) 111. While interpreting Article 172(2) of the Constitution our Appellate Division held as under:— 84. The grant of legislative power in the proviso to Article 117 (2) is Plenary in nature. Anyone denying a ..Category: Election Law | Date: 24 May, 2005 | Hits: 11
....ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
......of disintegration and state of
confrontation is looming large on the horizon threatening the whole justice
delivery system.
7. In the premises aforesaid
this Court in exercise of its inherent power and under Article 108 of the
Constitution, of its own motion and exparte orders as under:-
......007) 66.
......prepared and maintained under section 20 of the
Bangladesh Legal Practitioner and Bar Council Order 1972 and all persons having
notice of this order are hereby restraint and in injunction is hereby granted
restraining every one of them until further order from boycotting or abstaining
from atten..
Category: Others | Date: 23 May, 2005 | Hits: 13
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......BLD (HCD) (2010) 24. ......t to have been refused by the Opposite Party No.2 Registrar. But instead it appears that the Registrar of Trade Marks without adhering to the specific provisions in Sections 10(1) and 8(a) of the Act granted registration in favour of the Opposite Party No.1. It is contended that such grant of regist..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......nt case, there is no materials on record to connect the respondents directly with the commission of the alleged offence and as such, the High Court Division in exercise of its inherent power under section 561A of the Code of Criminal Procedure ha rightly quashed the proceeding so far ...... Md. Abdus Sabur and another (In Criminal Appeal No. 7 of 1999)………………..Respondents Judgment May 16, 2005. Cases Referred to- Abdul Quader Vs. State, 28 DLR (AD) (1976)38, Ghulam Muhammad Vs. Muzammel Khan, P......bsp; Mohammad Fazlul Karim, J: These appeals arose by way of leave granted in Criminal Petition for Leave to Appeal Nos. 256-260 of 1998 filed against the judgmen..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......the aforesaid matters or situations. In the case of Government of Bangladesh vs. Ashraf Ali and another reported in 49 DLR (AD), 161 it has been held that the High Court Division while exercising its power under certiorari in connection with the judgment of an 'inferior tribunal’ is not within...... The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Sections 5(2) & 7 Section 5 (2) of the Ordinance attaches statutory presumption that a particular building listed in the list of abandoned buildings and published...... rights and paying the taxes and other dues to different authorities and this fact is sufficient to show that the property in question "is free from encumbrances". 8. Leave was granted to consider the contentions that the enlistment of the property in the, list of abandoned bu..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
.... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ......an application for installation of deep tube well in the site and the petitioner obtained permission from WASA on 19‑1‑02. The petitioner also obtained permission for heavy electricity of 1000 KV power from the Government of Bangladesh. Rajuk has given approval or sanction of plan for other comp......an Kartripakkha and another……………………..Respondent Judgment May 9, 2005. Result: The Rule is made absolute. Case Referred to- Authorised Officer, DIT Dacca Vs. Mr. AW Mallik and others, 20 DLR (SC) 229. Lawyers I......ugh their legal Adviser, Messrs Huq and Company, served a notice demanding justice upon the respondents requesting them to cancel, rescind and withdraw the impugned letter dated 17‑11‑2002 and to grant formal approval to the proposed plan but without any result whatsoever, and the petitioner was..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ...... May 4, 2005. Result: The Rule is made absolute. Under section 115(1) of the Code of Civil Procedure, the High Court Division, in exercise of its revisional jurisdiction, is competent to interfere with the Judgment of Court below only when there is a misreading and non-consideration ......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......ent. Hence is this appeal. 5. In support of the appeal Mr. AJ Mohammad Ali, learned Attorney‑General, submits, inter alia, that the learned Judges of the High Court Division had no power to re‑assess the evidence. But the High Court Division reassessed the evidence and based...... CJ MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Ministry of Works & ors …...... Appellants Vs. Nasima Khatoon and others...................Respondents Judgment May 4, 2005. ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 May, 2005 | Hits: 115
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......ion for "কারণ উল্লেখ পূবক" (assigning reasons) in sub-section (I Ga) of section 27 of the Ain in taking cognizance of any offence is to enable the Tribunal to exercise its power judiciously, that is to say, not arbitrarily or capriciously. In view of the above findings an......…………………..Respondent. Judgment May 3, 2005. Lawyers Involved: Md. Showkat Ali Khan with Rehan Husain, Advocates—For the Appellant. Md. Humayun Kabir Bulbul, Assistant Attorney- General with Md. lqbal Kabir, Assistant Attorney- General—For the State. Criminal Appea......ing investigation and submission of report. Sub-section (1) of section 19 of the said Ain provides that all offences committed under this Ain are cognisable offences. There are special provisions for granting bail. Section 20 contains detailed procedure for trial of the case, Sub-section (1) of sect..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
.... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186. ......luded between the first and last of such dates shall not exceed one year. It has been held by the privy council in the decision reported in AIR 1936 (Pc) 53, the rule which applied is that where a power is given to do a certain thing in a certain way the thing must be done in that way or not al......t-appellant Vs. Atahar Uddin and another……………………Accused-respondent Judgment May 2, 2005. Result: The appeal is dismissed. Cases Referred to- 13 MLR (HCD) (2008) 161; AIR 1936 (Pc) 53; Abul Kalam Azad Vs. The State, 48 DLR 294; Nag...... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186. ..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......eeding during discussion in the parliament, which is not the position in the case of the law in the proviso in section 17 (1) of the Act, be harsh to a particular class of litigant the Court is not empowered to construe the law or interpret the law in the manner as argued by the learned Counsel for ....... Shamsul Hoque and another……………………………..Respondent Judgment May 2, 2005. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887) Proviso to Section 17(1) Whether for setting aside of an ex parte decree for ejectment of a monthly tena......vision in the proviso to section 17 (1) of the Small Cause Courts Act, 1887 (hereinafter in brief the Act) and he did not by previous application prayed to the Court in that behalf. 11. Leave was granted to consider the contentions that while the Act was enacted in 1887 the jurisdiction of the S..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......ncurrent findings of fact save in exceptional circumstances as when a question of law of general public importance arises or a decision shocks the conscience of the court. This court has the enormous power to interfere even with findings of facts making no distinction between judgment of acquittal a............Petitioners Vs. State...................................................Opposite Party Judgment April 20, 2005. Result: The Rule is discharged. Cases Referred to- Mohammad Ali and others Vs. State, 37 DLR 261;Nilkanta Ghose Vs. Afiruddin, 9 DLR 586; Bima......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... contract and the sale will be completed on repayment of the loan to the corporation. On 17-7-1969 the seller delivered possession to the plaintiff and on 19-7-1969 the seller executed and registered power of attorney in favour of the plaintiff and since then the plaintiff has been in possession, th......27, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and he could defend his possession against anyone except the real owner…&he......; 2. The case of the plaintiff Mojibur Rahman and others was that his full brother proforma defendant No. 9 Syed Mahbubur Rahman was the owner of the suit property by virtue of permanent lease granted by the government on 10-9-1969 that he entered into a contract on 10-9-1969. In terms of the..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
....n 11(d) is a tenure, whether until an age of retirement, for a fixed term, or for a specific adjudicative task, that is secure against interference by the Executive or other appointing authority in a discretionary or arbitrary manner. (page 675).
44. The third essential condition of judicial in......e contempt law and submitted that in the remote past it was considered as a part of law of sedition and when the Supreme Court was established in Calcutta in 1774 it was made a Court of record having power to punish its contempt. Subsequently, all the High Courts were given the same power and our Co......
Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others...........Respondents
Judgment
March 21, 2005.
Result:
The application is disposed of.
Cases Referred to-
Case No.6506 of 2000, State Vs. Chief Editor Manabjamin and others; State Vs. Brahma Prakas...... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......d conviction and sentence given is without jurisdiction. He has argued that since the trial of the petitioners under section 19A by the Tribunal was without jurisdiction this Court in exercise of its power under Article 102 of the Constitution can quash or set aside the impugned judgment. Section 19......er……………………Petitioner Vs. Bangladesh and others………………………….Respondent Judgment March 20, 2005. Result: The Rule is made absolute. Cases Referred to- Mozammel Hossain Vs. The State, 17 BLD 635; Sahjahan Mallik and others Vs. The State, 3 BLC ......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......idering the legal aspect of the case. (d) Whether the National Board of Revenue is authorized to direct its subordinate officers to re‑open any assessment in violation of the statute where the power has been limited to control the internal administration under the Income Tax Ordinance. (...... With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ...... To find out whether in participating election a fraud has been practiced on the statute. Election Tribunal is not the proper forum as this court, under its constitutional obligations, has power to interpret law to find out whether fraud has been practiced on statute. From the discussio...... Judgment March 15, 2005. The Constitution of Bangladesh, 1972, Article 102 Whether disputed question of fact as to the question of elected candidate to be a bank defaulter can be decided in a writ petition to se......of Bangladesh that if the result of the election is published in the official gazette, election dispute should be thrashed out before the Election Tribunal. He further stated that the order of stay granted by the High Court Division at the time of issuance of the rule was stayed by the Appellate..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......nd re‑examine any such person if his evidence appears to it essential to the just decision of the case." 6. From a plain reading of the section, we are of the opinion that in view of wide power given to the Court by the expression, to summon any person as a witness or examine any person ..................Petitioner Vs. State..............................................Opposite Party Judgment March 12, 2005. Result: The Rule is discharged. Cases Referred to- Deepak Dwarkadas Patel and another Vs. State of Gujarat, 1980 CriLJ 29; Hemayet Uddin Awron...... 12. For the reason and discussion above we find no illegality or impropriety in the impugned order calling for our interference. 13. In the result the Rule is discharged and the order of stay granted at the time of issuing the Rule is vacated. The prayer for stay operation of our judgme..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
..... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......ce being not without exception, as such, use of or reliance upon the said decision in arriving at decision in the subsequent case the facts and circumstances whereof at the first impression appears to be close or near to the latter case then too the facts and circumstances of the case in hand ar......uction with the rider that if ultimately the building and the area fall within the share of the plaintiffs the defendant No. 52 shall remove his structure at his own cost. 8. Leave was granted to consider the contention of the plaintiffs that in view of the fact that the suit be..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
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