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....ss is completed, (under linings are made for giving emphasis).
So the aforesaid subsection categorically says that minimum one sale process is to be taken place or completed. Adalat has the power to hold auction sale more than once. There is no scope to hold that more than one auction sale...... 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
......দায় হইয়া থাকে৷” meaning that at least one auction sale process is completed, (under linings are made for giving emphasis).
So the aforesaid subsection categorically says that minimum one sale process is to be taken place or completed. Adalat has the power to ......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....Assistant Attorney-General appearing, for the Government by filing affidavit-in-opposition in Writ Petition No.2175 of 2002 submits that under rule 42 of the Tenancy Rules, the authority has ample power to cancel the earlier order and can take fresh steps for the same. She further submits that u......t, P.S. Ramna, Dhaka and others ……………………Respondents (In both the writ petitions) Judgment March 7, 2007. Result: The Rules are made absolute. Cases Referred to - Md. Aftab Ali Sheikh Vs. Director, Land Records and others, 11 MLR 226; Mustafa Kamal and......Petition No.2175 of 2002 and Judgment and order dated 08.05.2002, Annexure-B to the Writ Petition No.5219 of 2003 passed by Respondent No.4. 2. In Writ Petition No.2175 of 2002 Rule was issued calling upon the respondents to show cause as to why the Judgment and order dated 20.01.2002 passe......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ...........State-Respondent Judgment February 28, 2007. Result: The Criminal Appeal No.2909 of 2004 presented by convict-appellants Safazuddin and Mohsin is allowed. Cases Referred to- The King Vs. Baskerville, (1916) 2 K.B. 653; Rameshwar Kalyan Singh Vs. State of Rajasthan,......e senseless after the accused persons made a good escape by running away. Informant P.W.1 had been absent in the house and he came on the following morning of the incident right. One Buida Doctor was called. He treated Runa Laila. There had been profuse bleeding. Runa Laila was admitted in Rabeya Cl......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......ith the modification of sentence. Lawyers Involved: M.A. Shahid Chowdhury - For the appellants. S.N. Goswami with Miss Afsana Begum - For Petitioner. Saifuddin Md. Aminur Rahim, Deputy Attorney-General - For the State. Criminal Appeal No.1778 of 2003. Criminal Miscellaneous Case N......time, the place, the manner of apprehension of the dacoits from the place of occurrence and the recovery of arms and ammunition and other instruments from their possession. He however, did not specifically mention from whose possession the instruments were recovered. In cross-examination, this witne......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......s. Md. Abdul Gofur…………………………………………….Condemned-Prisoner Judgment October 19, 2006. Result: The Death reference is rejected and the Jail Appeal is allowe......lpur, for confirmation of death sentence imposed upon the condemned prisoner Md. Abdul Gofur on his conviction under section 11(Ka) of the Nari-O-Shishu Nirjaton Damon Ain, 2000 (herein after will be called as Ain, 2000) by the judgment and order dated 2.9.2003 passed in Nari-O-Shishu Nirjaton Damon......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
.... Rule 17 Since all rules of the Court are intended to secure the proper administration of justice, it is essential that they should be made to serve and be subordinate to that purpose so that full powers of amendment may be enjoyed and as such it should always be liberally exercised. The only lim......er Vs. Md. Nuruzzaman and others……………………………………………….Opposite Parties Judgment August 21, 2006. Result: The Rule is discharged. Cases Referred to- Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 48 DLR (AD) 120; Jinnat Ali Mu......nvolved: Hosna Ara Begum-For the Petitioner. Abdul Quyum, Senior Advocate-For the Opposite Party No.1. Civil Revision No.1729 of 2000. Judgment Syed Mohammad Ziaul Karim J.- This Rule, calls in question, the legality and propriety of the order dated 25-10-1999 passed by the learned Su......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....le for him to manage the property as contained in the will and furthermore, Shishubala Roy resides upon the land as contained in the will and in this view of the matter, the petitioner gave a general power of attorney in favour of Shishubala Roy vide registered Khas Moktarnama executed and registere......llip;……………………………Respondents Judgment July 19, 2006. Result: The Appeal is allowed. Cases Referred to- Brajabala Vs. Tarapada Saha Minor and others, 11 DLR 1959 page 40; Pannu Geegania Vs. Devi ......as no notice upon the petitioner and other interested persons were served; that the said grant was obtained by the principal opposite party No.1 by exercise of fraud upon the court by showing so-called service of general and special citations and that notice of the said proceedings was fraudule......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
....tition demanding payment of Tk. 2,14,50,715.00 should not be declared, to be issued without lawful authority and of no legal effect.
2. The Respondent No.1 entered appearance by filing power but no affidavit-in-opposition has been filed.
3. Perused the writ petition and heard the......hellip;……………………………………………….Petitioner
Vs.
The Commissioner of Customs, Customs House, Dhaka & ors…………..Respondents
Judgment......he Petitioner.
Shathika Hossain, Assistant Attorney-General-For the Respondent No.1.
Writ Petition No.6883 of 2005.
Judgment
Shah Abu Nayeem Mominur Rahman J.-Rule was issued calling upon the Respondents to show cause as to why the Notice being Nothi No.5(13)87/Cus......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....dge have been clearly excluded in relation to the trial of the offences specified in the Schedule to the Act which have been exclusively triable by the Special Judge. Sub-section (5) of section 5 empowers the Special Judge to proceed with the case from the stage at which the same is received. Sect......an (Md.)..........................Petitioner Vs. Bangladesh and others.........................Respondents Judgment May 25, 2006. Result: The Rule is disposed of. Cases Referred to- Md. Ali Hossain Vs. State, 5 MLR 299 = 52 DLR 282; Emperor Vs. Sm Sarojini De Chowdhury, AIR ......l Islam with Kazi Firoz Rashid, Abdul Momin Chowdhury & Shamsur Rahman, Advocates - For Respondent No.4. Writ Petition No.804 of 2001. Judgment MM Hossain J.- This Rule was issued calling upon the respondent Nos. 1 and 3 to show cause as to why they should not be directed to perf......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
....red to have been held without lawful authority
and to be of no legal effect. He also submits that Section 21 of the Securities
and Exchange Ordinance, 1969 has not conferred upon the respondent any power to
hold an enquiry against a private limited company or its Directors in
connection with the......he express or implied
terms of which govern the rights and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicable to the relationship of principal and agent. In the performance
of his undertaking the agent must ac...... Advocate-For the Petitioner.
Mahmudul Islam with Probir Neogi, Advocates-For the
Respondent.
Writ Petition No.855 of 2001.
Judgment
Md. Muzammel Hossain J.-This Rule was
issued calling upon the respondent to show cause as to why the holding of
Enquiry purported to be an enqui......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....ent to pass an appropriate order deciding the case on receipt of a complaint under clause (b) of section 25 of the Act, after notice and hearing of the parties. Thus it is clear that Labour Court's power is not restricted to the grant of relief of reinstatement only. It can pass any order deemed ...... The Chairman, 3rd Labour Court, Dhaka and others………………………..Respondents Judgment April 27, 2006. Result: All the Rules are made absolute. Cases Referred to- Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 48 DLR (AD)......01 respectively and accordingly these matters are taken up together and are being disposed of by this single judgment. 2. In the aforesaid writ petitions, Rules were issued in identical terms calling upon the respondents to show cause as to why the aforesaid decision and order dated 3.03.2......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
.... follows: “65. (1) There shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which, subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic." 15. But to achieve the idea enshrined in the above few lines, struggle......tion of their existence. 3. The members of Parliament as a body, represent the entire body of the people of Bangladesh, as such, should held their head high, in defending the rights of their electorates in the House of the Nation, otherwise, they will be failing in their onerous duties and func......e petitioner, this Court under Article 102 of the Constitution of the People’s Republic of Bangladesh, issued the following Rule on 27-5-2001 upon the respondents: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why they should not be directed to take proper step......ecial chamber aux plaids, palace which was the fixed seat of Parliament. 19. In England, it dates back to nearly one thousand years. Long before the Norman conquest in 1066, there used to be the meetings of the ‘wise’. These meetings performed the functions of the Teutonic national assembly..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....r and he was placed under suspension on 10.06.2004 under Regulation- 10(1) of the National University Employees (Discipline and Appeal) Statute. The Vice-Chancellor of the National University has got power to place the petitioner under suspension and the petitioner was also asked to show cause on 21......llip;……………………….Respondents Judgment April 18, 2006. Result: The Rule is made absolute. Cases Referred to- Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another, 6 BLC (AD) 141; Anwar......dvocate-For the Respondent Nos.1 & 2. Writ Petition No.2066 of 2005. Judgment ATM Fazle Kabir J.- This Rule Nisi was issued at the instance of sole petitioner Md. Zulfikar Mahmud calling upon the respondents to show cause as to why the order of suspension dated 10.06.2004 a......egree College, Rajshahi brought similar allegations of corruption against the petitioner in black and white before the Parliamentary subcommittee under the National University. The proceeding of meeting and report of the subcommittee have been marked as Annexures-2 & 3. The University ..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....er generation mainly due to frustration from unemployment, economic hardship, family troubles, misguiding by the friends. Once a person is addicted to this narcotic drug, he loses his resistance power and his body and mind are weakened day by day, and ultimately, he cannot lead a normal life. T......;……………………………….State Judgment April 18, 2006. Result: The appeal is allowed. Cases Referred to- Panchu alias Paigam Ali Vs. The State, 26 DLR 297; Abul Hashem Master Vs. The State, 44 DLR......ealings on the part of the officers entrusted with search and seizure, which reads: S. 103-(1) Before making a search under this Chapter, the officer or other persons about to make it shall call upon two or more respectable inhabitants of the locality in which the place to be searched is s......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....s were inducted on the lands but on defendant's representation, the Commissioner cancelled the settlement. Question raised was whether or not the Commissioner in the absence of any appellate power could cancel settlement by exercising his general supervisory power. It was held that the......Pramanic and others…………………..Opposite Parties Judgment March 28, 2006. Result: The Rule is made absolute. Cases Referred to- Jafar Ali Vs. Khagendra Chandra Dutta and others, 1983 BLD 32; Abdul Majid and others Vs. T......ing the entry made in its remarks column in which it was written “সর্বসাধারনের ব্যবহার্য”. 17. Over and above, the suit land was locally investigated by an Advocate Commissioner who submitted a report stating as follows: ......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....n and should be deleted. In the case of Lakhi Naragam Kundu Vs. Crown reported in 4 DLR 352. It was held that on the language of section 499 read with Form XLII, Sessions Judge and Magistrate have no power whatever to impose any condition at all when they grant bail. 8. The object of bail is prim......………………………. Accused-Petitioner Vs. State …………………………………………………………..Opposite Party. Judgment February 13, 2006. Cases Referred to- AIR 1949 Mad 77; Lakhi Naragam Kundu Vs. Crown, 4 DLR 352. Lawyers Involved: Abdul Lat......time the accused demanded dowry of Taka one lac and a motorbike and this demand of dowry was refused by the guardian of the victim and in the result, the accused on 20-6-2004 tortured the victim physically and caused grievous injuries. The father of the victim filed the case on 13-7-2004 in Nari o-S...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....1.08.1980 and restored the possession of the suit property to her. 5. It is further stated that the defendant No.1 Inge Flatz appointed Mohasin Darbar as constituted Attorney by executing a power of attorney on 25.06.1984 and conferred upon him the power inter alia, to manage and look afte......……………………….Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prove contract between the plaintiff and the de......t is that the burden of proof lies with the party who substantially asserts the affirmative of issue. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case……………….(32) A suit for specific performance is...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......
December 6, 2005.
Result:
The Rule is made absolute.
Failure and/or frustration
of the ancillary/auxiliary relief cannot frustrate the entire suit and cannot
result into dismissal of the suit if the plaintiff is otherwise entitled to a
decree of her substantive reli......Kar, Advocates-For
the Petitioners.
Hasan Foez Siddique, Advocate-For the Opposite Party No.1.
Civil Revision No.2986 of 2004.
Judgment
Md. Abdul Aziz J.- This Rule was issued calling upon the opposite party
nos.1-11 to show cause as to why the impugned judgment and decree......ent to Dhaka from Gaibandha and started
living with her husband and remained absent from the College from 19.12.1997
to 13.7.1998 without any permission. The Governing Body of the College in its
meeting held on 14.7.1997, 13.7.98 and 9.8.98 took a decision to constitute a 3
members enquiry com..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)
.... Vs. SMA Quddus and another..................Respondents Judgment November 30, 2005. Result: The Rule is disposed of. The Registrar of trademarks shall not exercise any power vested in him by the Act or Rules adversely to any party duly appeared before him without givi....... The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ....... In view of the above, the appeal is allowed. The order dated 7-8-2000 is set aside. The Registrar of Trade Marks, Dhaka is directed to hear the opposition case giving notice to the parties and by recalling the certificate of registration, if any, already issued in favour of the respondent No.1. ...... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ..Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......………….Condemned-Prisoners Judgment November 21, 2005. Result: The death reference is accepted. Jail appeal stands dismissed. Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211; State Vs. Rokeya Begum and another, 13 BL......bmits that conviction can be based on the solitary eye-witness, and even if the testimony of the PW 4 is disbelieved, there is no reason to discard the evidence of another eyewitness PW 2 who categorically deposed that she saw the condemned prisoner Maku Rabi Das to inflict indiscriminate Dao blows ......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
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