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.... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......q and others………………………………………………..Opposite
Parties
With
Additional Deputy Commissioner (Rev), Dhaka
and In-charge, vested property, Dhaka District, Collectorate Building, Dhaka…………………………………
Petitioner
Vs.
Mohammad Sha...... suit land was declared
and treated as enemy property and subsequently vested in the Government. The
suit land was leased out one Abdul Baten in E.P. Case No.210 of 1967 and
subsequently lease was granted to Rahmant-E-Alam Islam Mission who also paid
lease Money up 1385 B.S. It is further allege..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
.... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......
Mr. Rokanuddin Mahmud, the learned Counsel appearing for the petitioners, submits that there being no prayer to buy out of the minority shares by the majority shareholders and there being no such power vested in the High Court Division either in section 233 of the said Act or any other section o......Appellants
Vs.
Professor Shahabuddin Khaled Chowdhury & others....Respondents
Judgment
February 22, 2005.
Result:
The appeal is dismissed.
Cases Referred to-
Nahar Shipping Lines Ltd vs. Mrs Homera Ahmed, 9 MLR (AD) 58 = 56 DLR (AD) 36; Scottish Co......rtered Accountant Firm, and once such assessment is made the appellant Nos. 2 and 3 are to purchase the shares of the respondent No. 1 within 3 weeks from the date of the assessment.
Leave was granted in the following terms:
Mr. Rokanuddin Mahmud, the learned Counsel appearing for the ..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
.... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ......e Constitution of the People's Republic of Bangladesh which runs as follows :- "116. The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial......e 116 Consultation with the Supreme Court in taking disciplinary action against a Magistrate is whether necessary. In view of Article 116 of the Constitution, in order to take disciplinary actions against any Magistrate, exercising judicial function, consultation wit......Republic of Bangladesh which runs as follows :- "116. The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exerc..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... voluntary payment of salami in the commercial world did not make the tenant a non-ejectable one and no interest other than tenancy right recognised by law could be created on payment of salami so as to prevent the tenant not liable to be ejected on specific legal ground for the purpose…………...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... of the provision of law the suit filed by the respondents and decreed by the Courts below was being totally non-entertainable by the civil Court, the High Court Division was required to exercise its discretionary jurisdiction to correct the gross error of law committed by the Courts below." ...... the same was included in the list of enemy property in the Tejgaon Police Station VP Case No.566 of 1969 at the behest of certain interested quarters. For proper utilization and management including power to sell off the land, Mrs. Rozario executed and registered a general power of attorney in favo............................Petitioner Vs. Government of Bangladesh and others.......Respondents Judgment January 16, 2005. Result: The Rule is discharged. Cases Referred to- Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......cle which could be applicable was the residuary Article 181 which provides a limitation of three years for an application but even that Article will not stand in the way of the exercise of revisional power for these powers can be exercised suo motu." 8. Moreover, our Appellate Division in ......etitioner Vs. Government of Bangladesh & others.................Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Cases Referred to- Md. Swaleh and another Vs. United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahm......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......argo in giving effect to the decree by way of execution. Since appellate Court is in seisin of the matter after a decree of the Court in favour of 2nd party we hold the view that the Magistrate's power under section 145 CrPC is not available. 11. Moreover, we have noticed from the order she......titioner Vs. Nur Mohammad Khan and others.................................Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Cases Referred to- Mozaffar Ahmed Vs. State and others, 49 DLR 485; Md. Tabibur Rahman Vs. Md. Saydur Rahman, ......isfied that they have right, title and possession therein. Issue No.4 of the suit relates to the disputed question of right, title and possession of the parties. The learned Joint District Judge also granted saham to many of the defendants to the existent 11.10 acres for effecting partition. The pet..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......roceedings in Sessions Case No.54 of 2061 for 3, months so far as it relates to the petitioner Nos.1‑7. 3. During pendency of the Rule, the information-opposite-party appeared through separate power with representation to assist the State. The informant also filed an application for vacating .........Petitioners Vs. State ........................................................Respondent Judgment January 9, 2005. Result: The Rule is discharged. Cases Referred to- Sikander Ali Vs. State, 31 DLR (AD) 135; Abdul Hakim Chowdhury Vs. Ruhul Amin and State, 40......State reported in 31 DLR (AD) 135 and the decision of the High Court Division in the case of Abdul Hakim Chowdhury Vs. Ruhul Amin and State reported in 40 DLR 259 wherein it is held that the Court in granting 'consent' will not accord its consent as a matter of course but must apply its mind..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....Procedure, shortly the Code. It is no doubt an extraordinary power given to the High Court, which is called inherent jurisdiction of the High Court and since this power is extraordinary in nature and discretionary, it should be used sparingly, carefully and with utmost caution. Principally this extr......11‑98 a and 12-7-2001 alleging that Md. Nasim, at the relevant time, Post and Tele-Communication Minister and AHS Rahman, Director, Consociates Ltd. in collusion with each other, by misusing their powers got Consociates Limited appointed as consultant of the project in a preplanned manner and wit..........Petitioners Vs. State..................................................Opposite Party Judgment January 4, 2005. Result: The Rules are discharged. Cases Referred to- AIR 1945 PC 156; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; 14 DLR (SC) 96; 14 DLR (...... facie case against the accused petitioners and the prosecution is not legally barred, we find no substance in this Rule. 22. In the result, both the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......d the petitioner had never violated any terms and conditions of the licence. On 3‑8‑04 by general notification issued under the signature of the District Magistrate, Mymensingh in exercise of the power given under the Arms Act, 1978 particularly under section 18(Ka) and rule 42(1) of the Arms Ru...... others..................................Respondent Judgment December 14, 2004. Result: The Rule is made absolute. Though it is necessary for the security of the public peace to cancel the licences of the petitioner, the petitioner was not served with a notice before cancell...... had been given any opportunity of being heard and consequently there has been violation of the principle of natural justice. A person or a citizen being possessed of any firearms under licensee granted by the authority cannot be said to be an illegal possessor of arm and an offence under the A..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......#39;s Bazar, the petitioner extended loan of Taka 58,14,621,63 to different persons and commercial enterprises in collusion with each other as CC (pledge) and SOD (FO) categories beyond his financial power and thereby violated the specific instructions given to him by the Head Office of the Bank. Th......te & another............................................Opposite Parties Judgment December 12, 2004. Result: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, money suit filed against the a...... obtained the Rule as well as stay order on 23/2/1995. 5. Mr. Md. Abu Bakar Siddique, the learned Advocate appearing on behalf of the petitioner, submits that bonafide mistakes were committed in granting loan to the different parties as the petitioner was not aware of the delegated financial po..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ...... 13 was not maintainable, the same was barred by the law of limitation and there was service of summons upon her through Court and she herself appeared before the Court through a Lawyer and by filing power and petition took time for filing written statements on 18-4-95 but subsequently did not file ......……Petitioner Vs. Md. Roshan Akter Rahman………………………Opposite Party. Judgment December 7, 2004. Result: The Rule is made absolute. Cases referred to- Most. Johara Begum Vs. Rafiqul Kader, 25 DLR (HC) 91; Abdur Rashid and another Vs. Abdul Ba......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
....n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......4, 2004.
Result:
The leave petition is dismissed.
Lawyers Involved:
B. Hossain, Advocate-on-Record- For the Petitioner.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 1481 of 2002.
Judgment
Amirul Kabir Chowdhury J.- Secretary, Ministry of Works......n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ......akistan Vs. Khuda Yar and another reported in PLD 1975 SC 678 where it was observed that mere technicalities should not be allowed to stand in the way of justice. It is my view that the defect in the power of attorney for not correctly stamping the same can be cured by the production of the instrume......s. Amanat Shah Ship Breaking Industries Ltd.................Plaintiff Opposite Party Judgment November 30, 2004. Result: The miscellaneous case is allowed. Case Referred to- Manager Jammu & Kashmir, State Property in Pakistan Vs. Khuda Yar and another, PLD 1975......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
.... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ......and 5 (1) (a) of Ordinance No.54 of 1985. The Court of Settlement has wrongly approached these problems as if it was a Court for determination of title of the said house property. Cases Referred to- Zahir Miah (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Pub...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ......Mahkota Technology SDN BHD and others..........Opposite Parties Judgment November 10, 2004. Result: The Rules are discharged. Legal proceedings by a party against other party to an arbitration agreement Where a party to an arbitration agreement initiates legal proceedin......plication made under section 10 of the Act and stayed further proceedings of the suit under section 10 of the Act but rejected other application for rejection of the plaint. 6. Against the order granting stay, the plaintiff on 18‑8‑03 moved this Division and obtained the Rule and got an ad-..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....ulbul, the learned Assistant Attorney-General and Mr. Hasan Faiz Siddique appearing with Mr. Abul Hye for the respondents, submit that the government refused to accord sanction in due exercise of its discretionary power and accordingly, withholding of sanction cannot be questioned, It is also argued......rned Assistant Attorney-General and Mr. Hasan Faiz Siddique appearing with Mr. Abul Hye for the respondents, submit that the government refused to accord sanction in due exercise of its discretionary power and accordingly, withholding of sanction cannot be questioned, It is also argued that since th......নের কোন বিধানের সহিত অসংগতিপূর্ণ হইলে এই আইনের বিধান কার্যকর হইবে।
Cases Referred to-
Md. Riaz Vs. State, PLD 1966 (WP) Lahore 379;PLD 1960 SC 351; AIR 1969 SC 686.
Lawyers......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......n object of the persons composing that assembly is First, to overawe by Criminal force, or show of Criminal force, the [Government or Legislature], or any public servant in the exercise of the lawful power of such public servant; or Second, to resist the execution of any law, or of any legal process......the unlawful assembly might not have the common object of murdering the victim but they had common object of committing an offence including murder through only four of the appellants caused injury to the victim, the three other being the members of the unlawful assembly are equally liable. ......al Code and sentencing each on them to suffer imprisonment for life and to pay a fine of Taka. 5,000 (five thousand) in default to suffer further imprisonment for two years. 2. Leave was granted to consider the question whether the High Court Division acted illegally in convicting all t..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ......ed stage as the evidence having been recorded the parties advanced their argument and at such belated stage the petition being filed it ought to have been rejected. The Election Tribunal has inherent power to dispose of an Election petition and so it cannot be stopped from passing any order at any s...... Amirul Kabir Chowdhury J Dr. Alauddin Ahmed ................................Appellant Vs. Md. Idris Ali Bhuiyan and others……….......Respondents Judgment October 30, 2004. The Representation of People’s Order, 1972 (P.O. 155 of 1972), Article 31 ......the counterfoils of issued ballot papers and (111) packets containing the marked copies of the electoral rolls. 4. Being aggrieved the appellant moved this Division and the leave thus has been granted to consider the submission as under: "Mr. Rokonuddin Mahmud, the learned Co..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
.... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
......enforcement of fundamental rights conferred, by Part III of the Constitution and therefore, such rights may be enforced only by a citizen of the country. However, Article 102(2) of the Constitution empowers the High Court Division to intervene on the application of any person aggrieved by the decisi...... Processing Zones Authority (BEPZA) and others............Respondents
Judgment
August 17, 2004.
Result:
The Rule is made absolute.
Providence of fair and equitable treatment to foreign private investment which shall enjoy full protection and security in Bangladesh
The ......s 4 and 5 of the Foreign Private Investment (Promotion and Protection) Act, 1980 provide for fair and equitable treatment to foreign private investments and that sanction, permission or licence, etc. granted by the government to an industrial undertaking having foreign private investment shall not b..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
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