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Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......k of transparency. Mr. Mahmudul Islam while adopting the submissions made by Mr. TH Khan has further submitted that Water Development Board having invited tender bid in exercise of its enabling power to enter into contract under Article 17 of President's Order 59 of 1972 and compliance of any ......is also Reported in:...... without lawful authority and of no legal effect and direction was given for re‑tender. 2. The writ‑petitioner respondents filed the writ petition on the averments, inter alia, that pursuant to a grant of a loan from Asian Development Bank toward the costs of Jamuna Meghna River Erosion Mitigati..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....itrary, unfettered and unreasonable power to the Government to curtail the accrued jurisdiction of a Nikah Registrar without following any procedure at the sweet will of the executive, by abusing its discretionary power. In support of his submission he has relied upon the decision of this Court in t...... and Divorces (Registration) Act, 1974 is violative of Articles 27 and 31 of the Constitution of the People's Republic of Bangladesh inasmuch as it gives an arbitrary, unfettered and unreasonable power to the Government to curtail the accrued jurisdiction of a Nikah Registrar without following a...... others.................................................Respondents Judgment December 9, 2003. Result: All the Rules are discharged. There is no vires in the second provision to section 4 of Muslim Marriages and Divorces (Registration) Act, 1974 As well as in the Rule ...... Section 4 of the Muslim Marriages and Divorces Registration Act, 1974 is as follows: 7. "Nikah Registrars: For the purpose of registration of marriage under this Act, the Government shall grant licenses td such number of persons to be called Nikah Registrars, as it may deem necessary for..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......ther....... Respondents Judgment November 4, 2003. The Employment of Labour (Standing Order) Act, 1965 (VIII of 1965), Section 25 Whether in exercise of power of certiorari High Court Division can send a case to the court or Tribunal below to see as to...... November 4, 2003. The Employment of Labour (Standing Order) Act, 1965 (VIII of 1965), Section 25 Whether in exercise of power of certiorari High Court Division can send a case to the court or Tribunal below to see as to whether there is compliance of the relevant provision ......he complaint case back to the Second Labour Court, Dhaka for fresh trial with direction to decide the complaint case in the light of the observations made in the judgment. 5. Leave was granted to consider the following submission of the learned Counsel for the appellant: &..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... (respondent Nos. 1‑4 herein) on May 29, 1994 the case plot was allotted to respondent Nos. 7 and 8 writ‑respondent Nos. 3 ) and 4) on June 6, 1994. The writ‑ respondent Nos. 3 and 4 executed a power of attorney in favour of the writ‑respondent No. 5 (respondent No. 9 in appeal No. 155 of 20......he matter of cancellation of allotment in the circumstances of the case cannot be considered malafide or lacking in fairness and transparency and as such cancellation of allotment and fresh allotment to others cannot be said to be not legally valid or without lawful authority………………(27) ......e Writ‑respondent Nos. 6‑9 as well as the writ‑respondent Nos. 1 and 2 have filed appeals, being Nos. 152 and 153 of 2000 respecÂtively, against the said order of rejection. 9. Leave was granted to consider the submissions that admittedly the writ‑petitioners having not made any const..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......e himself at that stage of proceeding as contemplated in sub‑section (5). Here unfortunately, the learned Sessions Judge intervened rather prematurely. But could it be termed as illegal exercise of power? The Barisal Bench came to the conclusion in a cryptic manner, no doubt, that the first party ...............Petitioner Vs. Shah Md. Mansur .................................Opposite Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md. Shahjahan Sheikh and others ......id, the learned Advocate for the petitioner, submits that 0.1975 acre of land, of which the disputed 0.1675 acre of land forms a part is an ejmali property between the parties and that injunction was granted in favour of 1st party opposite party No.1 and 2nd party petitioner’s father Altaf Hos..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ...... of the Code of Criminal Procedure which is not warranted under the provision of law. 7. Mr. Abdul Malek, the learned Counsel appearing for the second party‑respondents, submitted that inherent power of the High Court Division under section 561A of the Code of Criminal Procedure can be invoked......nal Court exercising limited summary jurisdiction over possession of a property may regulate possession by appointment of a receiver and finally deciding possession of the parties. In case of failure to find possession in favour of either party direct the parties under section 146 of the Cr.P.C. to ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......l Survey Record of Right containing C.S. Plot No.254 (in full) measuring an area of .61 acres. Exhibit-2 is Gazette Notification dated 25.11.1965 and Gazette Notification was published in exercise of power conferred by sub-section 4(h) of section 93A of Town Improvement Act of 1953 (Act of 1953). In......€¦â€¦â€¦â€¦â€¦â€¦..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhyay and others, 40 C.W.N. 56......d and acquired for Dhaka Improvement Trust (For short D.I.T.) now Rajdhani Unnayan Katripakkya (briefly RAJUK) under Land Acquisition Case No.3 of 1963-64. D.I.T. having exercised right and ownership granted lease in respect of 35 Bighas 2 Kathas and 2 Chattaks of property to Plaintiff Bangladesh Ba..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......ndent Judgment August 20, 2003. The Code of Civil Procedure, 1908 (v of 1908), sections 151 & 153 Section 151 of the Code of Civil Procedure provides inherent power of the court whereas section 153 of the Code of Civil Procedure empowers the court to amend a......v of 1908), sections 151 & 153 Section 151 of the Code of Civil Procedure provides inherent power of the court whereas section 153 of the Code of Civil Procedure empowers the court to amend any defect or any error in any proceeding of the suit at any time. Lawyers ......the said Title Execution Case No. 2 of 1998 praying for rejection of the claim of additional amount as interest as allowed by the said order dated 23‑11 ‑1999. 5. Leave was granted to consider the submission of the learned Counsel for the appellant that: ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ...... (AD) 85. 54 DLR (AD) 88, AIR 1979 SC 1628, AIR 1980 SC 1992, AIR 1985 SC 1147, AIR 1988 SC 157 and AIR (1996) 6 SCC 530. The principle of law enunciated in the aforesaid cases as to how the state power is to be exercised in dealing with state property, awarding contract, selecting the recipient......; August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to registration and act or acts so done ......lic may be generally disposed of by public auction or inviting applications or tenders which will ensure fairness in the activities of the Republic and public authorities. 9. Leave was granted to consider the submissions that the High Court Division ought to nave found that the suit ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......notice of 15 days. The principle of terminating tenancy rests primarily on two conditions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to eject a tenant. From their own averments the defendants are habitual defaulters for not paying re......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......llip;Respondents
Judgment
August 11, 2003.
Result:
The Rule is made absolute.
Under section 5(4) of the Artha Rin Adalat Ain, Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Civil Procedure Code subject to the provision of the Artha Rin Ada......t:
The Rule is made absolute.
Under section 5(4) of the Artha Rin Adalat Ain, Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Civil Procedure Code subject to the provision of the Artha Rin Adalat Ain and since the impugned order in question was passed in ......nd return of warrant.
2. The case of the petitioners is that he applied to the respondent No.2 blank for a loan of Taka 50,00,000 and he, having deposited the margin amount of Taka 15,00,000 was granted in his favour and as security of the above loan, the petitioner made equitable mortgage of h..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......e is also Reported in: 55 DLR (HCD) (2003) 581. ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......adesh and others………Respondents Judgment July 29, 2003. Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service......d others………Respondents Judgment July 29, 2003. Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the ......rticle 7 which is likened to the touchstone of the Constitution, the pole star and the Statue of Liberty. 25. We are afraid posterity may not forgive us for having put up with this patent and flagrant violation of human right to life and liberty in spite of Constitutional protection of fundamen..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......well mutated their names with the Dhaka Municipality, paid rent and taxes and were very much available and their whereabouts were not unknown and they were very much present in Bangladesh executing a power of attorney to possess the case property through tenant. The learned Counsel further Submitted......and others................ Respondents Judgment July 8, 2003. Result: The appeal is dismissed. The Bangladesh Citizenship Order, 1972, Article 2 Birth right of a person to be a citizen of a particular country could not be brushed aside in the absence of any positive co......Government and they did not abandon their citizenship. 3. The appellant as respondent No. 2 Government of Bangladesh filed affidavit‑in-opposition stating, inter alia, and admitting about the granting of lease to Dr. Mahmood Hasan but asserted that none of the owners returned to Bangladesh a..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......n given without regard to the principles of natural justice is void and that was expressly decided in Wood Vs. Wood, (1874) LR 9 Ex. 190. I see no reason to doubt these authorities. The body with the power to decide cannot lawfully proceed to make a decision until it has afforded to the person af&sh......lip;…………………………….Contemners Judgment June 30, 2003. Result: The rule is discharged. Cases Referred to- Zakir Ahmed Vs. University of Dhaka, Ghulam Zamin Vs. A.B. Khandakar, 16 DLR 486; 16 DLR (S......damental rules of natural justice that had formed part and parcel of the common law of England that was in operation in Singapore at the commencement of the Constitution. It would have been taken for granted by the makers of the Constitution that the 'law' to which the citizens could have re..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......ervice of the writ petitioners are not only governed by the contract by which they have been employed in the service of the Corporation but also by the Rules and regulations made by the Corporation empowered by the Statute. It is also not correct to say that the reliefs granted by the High Court Div......on Judgment here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Bangladesh Biman CorporaÂtion, represented by Managing Director .....Petitioner Vs. Rabia Bashri Irene and others...................Respondents Judgme......loyees of batch Nos. 1‑27 were absorbed inasmuch as the Rule was not issued in such terms and in that view of the matter such a declaration is gratuitous inasmuch as the High Court Division has not granted any of the relief’s as prayed for in terms of which Rule Nisi was issued. He further submi..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......Company Court, on consideration of the principles of law and the facts of the present case, has appointed a neutral person to be the Chairperson of the AGM to be held for the defaulting years. The power of the Court under these sections 81(2) and 85(3) of the Companies Act are not merely procedu......p;……….Respondents Judgment April 22, 2003. The Companies Act, 1994 (XVIII 1994), Section 85(2) (3) If for any reason it is impracticable to call, hold and conduct a meeting on the happening of any circumstances the Court being satisfied......ing Title Suit No. 274 of 1998 in the Fourth Court of Assistant Judge, Dhaka, praying for permanent injunction of not giving due notice to them and the Court by an order dated 17th September, 1998, granted an order of ad‑interim injunction directing the parties to maintain status quo until..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......ated 23‑5‑1979. His service conditions were governed by the BADC (Service) Regulations, 1968 but the BADC Service Regulations, 1990 were formulated and the previous one modified under the power conferred by section 52 of the Bangladesh Agricultural Development Corporation Ordinance, 1961......tural Development Corporation, Retirement and Promotion Procedure, 1972 It is a long established law that a government entity cannot have double standard nor can it be allowed to pick and choose beyond the provisions of law as that would be discriminatory and violative of th......thout any further direction. 7. Against the judgment of the High Court Division two leave petitions for leave to appeal before this Division were moved and leave was granted on following terms: “Mr Amir‑ul Islam, the learned Advocate for ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......shy;section 7 of section 34 of the Companies Act 1913 (section 34 deals with registration of shares in a company) which reads as follows: ‑ "Nothing in this sections shall prejudice any power of the company under its articles to refuse to register the transfer of any shares", it ...... and another .....................Respondents Judgment May 28, 2003. The Companies Act, 1913(VII of 1913), section 34 (7) Discretion of the Board of directors of a company under its articles of association to refuse registration of transfer of its share......ct, 1936 but the Company Bench by its judgment dated 20‑8‑1995 rejected the application. 12. Against the judgment the appellant moved civil petition for leave and leave was granted on following grounds: "Dr Kamal Hossain, le..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......veloped in the other jurisdictions. The High Court Division was of the opinion that words of section 233(l) to consider in the context of the case were: "affairs of the company" and "powers of the directors". The High Court Division considered the provision of section 233(1) .........................Respondents Judgment March 12, 2003. The Companies Act, 1994 (XVIII of 1994), section 233 The object of remedy under this section is to negate the impact of the prejudicial or other relevant misconduct on the part of the majority sh......dends or profits were paid to them. In that situation filed an application to wind up the company on 14 June 1988 being Matter No. 24 of 1988. In the context of those proceedings, the company court granted an injunction restraining the company from creating any further liability. It came to the ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
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