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SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... 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...... Writ Petition No.4433 of 2003. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling Upon the respondents to show cause as to why (i) letter of allotment dated 19‑7-1993 issue......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)
....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...... application beyond that period in a suitable case where there is no negligence or laches on the part of the petitioner. This is a long standing practice, otherwise sound and reasonable, and does not call for any departure." 10. The said ruling has been followed by our Appellant Division i......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)
....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, ......site Parties. Criminal Miscellaneous Case No.7655 of 2004. Judgment Khondker Musa Khaled J.-This Rule on an application under section 561A of the Code of Criminal Procedure, was issued calling on the Deputy Commissioner, Chittagong to show cause as to why the impugned judgment and ord......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. ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....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......rmant-Opposite Party. Sheikh Rezaul Karim, Assistant Attorney-General- For the State. Criminal Revision No. 764 of 2004. Judgment Khademul Islam Chowdhury J.- The Rule was issued calling upon the Deputy Commissioner, Gopalgonj to show cause as to why the impugned order dated 13......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. ..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....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 (......al of only bidder, World Tel Holding as it was decided the World Tel Holding would pay the consultancy fees of Consociates Ltd., who opined the proposal of World Tel Holding as acceptable and without calling for further international tender, the agreement was signed with World Tel Holding. These fac......enture of three companies) and Karnaphuli Ltd., Bangladesh (joint venture of HRC Bangladesh Ltd. and Telecom Foundation of Pakistan) and to evaluate the quotation, Md. Nasim, the then Minister held a meeting and by misusing his position, single handedly appointed Consociates Ltd. as consultant, alth..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....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......vocates‑ For the Petitioner. Md. Abdullah, Assistant Attorney-General‑ For the Respondents. Writ Petition No.4747 of 2004. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 3‑8‑04 cancelling the licen......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. ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
....#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......ties. Criminal Miscellaneous Case No. 666 of 1995. Judgment Khondker Musa Khaled J. - On an application under section 651A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite, parties to show cause as to why the proceeding of the Special Case No.2 o...... 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. ..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
.... 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. ......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
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
.... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ......-For Respondent No.1. Writ Petition No.3718 of 2003. Judgment Md. Awlad Ali J.- In this Rule obtained by 5 petitioners, the petitioners have sought a direction from the respondents not to evict the petitioners from the suit holding bearing (1) Chha 30/C Uttar Badda Plot No.76(2) 30/1....... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ...... respondent No.1. The petitioners have no legal right to get allotments of plots from the respondent No.1. In supplementary affidavit-in-opposition filed by the respondent No.1 the proceedings of the meeting held at Rajuk Bhaban on 10‑11‑91 in connection with the allotment of the plots to the af..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....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......rve summons/notice upon the defendant petitioner none was served nor did the defendant petitioner receive any summons/notice of the suit. On the contrary, he was prevented from appearing since the so-called agent of the ship-owner did not accept the notice. He added that the agency between the ......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
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. ......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...... that in view of section 10 of the Act and the cited decision of this Division, which was upheld by the Appellate Division in 55 DLR (AD) 23, the learned Joint District Judge did not commit any error calling for interference by this Division. 14. Facts which are not disputed are that defendant ...... 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. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....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......ddique with Abdul Hye, Advocates- For Respondent Nos.5 and 6.
Writ Petition No. 4256 of 2004.
Judgment
Md. Joynul Abedin J.- This Rule Nisi under Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned letter Nos.23, 40, 04, 04, 01, 23,......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)
....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. ......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. ......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. ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....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 ......others……….......Respondents Judgment October 30, 2004. The Representation of People’s Order, 1972 (P.O. 155 of 1972), Article 31 The Election Tribunal is competent to call for election materials to see whether provisions of Article 31 of the Order has been violated o......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. ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
....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 ......dditional Attorney-General with Adilur Rahman Khan, Deputy Attorney-General‑ For Respondent No.4.
Writ Petition No.7391 of 2003.
Judgment
Tariq ul-Hakim J.- This Rule Nisi was issued calling upon the respondents to show cause as to why withholding/not granting tent permission in fav......ommittee about the petitioner being involved in "industrial espionage". It is further alleged by the respondent No.4 that in such situation the Executive Board of the respondent No.1 in its meeting dated 4‑11‑2002 recommended to the concerned authority that permission for manufacturing..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....io'. The plaintiffs were the owner of 'Ananda Studio'. 17. Ashraful Alam, son of defendant No.12, Shahidur Rahman, examined him as D.W.1, He deposed on behalf of his father by giving power of attorney. In support of his case, he said that they acquired title of the suit land includi................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2004. Result: The Appeal is allowed. A permissive possession to become adverse must be established by cogent and convincing evidence to show hostile animus and p...... 11. He further said that the home of Hafez Mohammad Hossain was in Zinnia, Dhaka. He had other property at the Bandar. The suit land was on the Dapur Station Junction of three roads. It was also called old Press Club road, in the commercial centre of the town. Price of possession in the area wa......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....ntioned to be as plot No.460 appertaining to Khatian No.449 from the waqf Administrator. The land was although recorded as waqf from RS record of rights in1928 up to the Bangladesh settlement. In the power of Attorney given by other relations appointing Khurshed Alam Attorney very land was mentioned...... Yusuf Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others………………………&helli......nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ......nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....oceed with the Special Case No. 12 of 1985 by the learned Divisional Special Judge" and that as there is no sanction for the prosecution of the Respondent No. 1 the Court of Special Judge has no power to proceed with the special case and the sanction being absent the learned Divisional Special ......August 10, 2004. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Merely on the ground of delay criminal proceeding is not liable to be quashed except in case of exceptional nature. In the instant case in the background of the c......round of delay criminal proceeding is not liable to be quashed except in case of exceptional nature. In the instant case in the background of the case noticed it is not a case of exceptional nature calling for quashment on the ground of delay or in exercise of discretion or for complete justice. ......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....o.7 Sub‑section (gaga) of section 2 of Islamic Foundation Act, 1975 (XVII of 1975), defines the Governor. It means a member of the Board of Governors of Islamic Foundation. Section 5 vests the powers of general directions and functions of the Islamic Foundation upon its Board of Governors. Se......sions of the Service Regulations, specially regulations 43 and 44, and also in violation of the principle of natural justice, the order imposing the penalty of compulsory retirement cannot be allowed to stand…......(14-15) Cases Referred to- 13 DLR (SC) 105; 29 DLR (SC) 232; 52 DLR ...... the Petitioner Not represented‑ the Respondents. Writ Petition No. 5114 of 2003. Judgment ABM Khairul Haque J.- This Rule Nisi was issued at the instance of Ayub Ali Chowdhury, calling upon the Government of the People's Republic of Bangladesh, represented by the Secretary......nbsp; ..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....ntees, equitable mortgage of schedule 'Kha' property by deposit of title documents as described in schedule 'Ka', letter of hypothecation in respect of schedule 'Ga' property, power of attorney, etc. in favour of plaintiff.
6. On 14‑7‑82 defendant Nos.4 and 5 execute......VIII of 1891)
Suit for recovery of bank dues
The entries in the books of account regularly kept by the bank in the course of business are no doubt relevant at the trial. The bank is obliged to prove such entries But proof of such entries in its books of accounts shall not be sufficient evi......sing both suits and allowing counter‑claim against the plaintiff bank in the facts and circumstances of the case and evidence on record.
24. As stated above, the bank instituted the suit practically for a money decree of Taka 74,093,709.26 as standing due against the defendant company on 31......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
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