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Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....Mohammad Zahid Imam, the learned Advocates for the petitioners submits that under Section 10 of the Law of Abandoned Property Ordinance, 1985 (Ordinance No.LIV of 1985) the Court of Settlement has no power to pass any order for non prosecution even if prayed for. He further submits that the Code of ......, Bangladesh Secretariat, Ramna, Dhaka and 12 others………………………………..Respondent Judgment November 17, 18, 2009. Result: The Rule is made absolute. Cases Referred to- Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 54 DLR 215; Government of the People'......lur Rahman, with T. H. Shakhil Hossain, and Md. Khalilur Rahman (Helal), Advocate - For the Respondents. Writ Petition No.7913 of 2007. Judgment Mir Hashmat Ali J.- This Rule nisi was issued calling upon the Respondents to show cause as to why order dated 17.05.2006 passed by the First Cour......es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ..Category: Procedural Law | Date: | Hits: 24
....turn in 2006 when an agreement was signed on 6 October, 2006 at the behest of the local Union Chairman imposing a ban on use of excavators. The ban could not be implemented owing to the influence and power games played by the mighty collectors and the local people kept on approaching the concerned a......Petitioner
Vs.
Government of Bangladesh and others…………………………………Respondent
Judgment
January 14, 2010.
Result:
The Rule is made absolute.
Cases Referred to-
Dr. Mohiuddin Farooq Vs. Bangladesh, (1997) 49 DLR (AD) 1; Rural Litigation and Entitlement K......No.5.
Writ Petition No.4958 of 2009.
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 they should not be directed in line with the ap......he unauthorized and unlawful operation of the mechanized excavators had been causing to the once pristine area of Jaflong. On the face of such public protests and media coverage, Respondent No.5 at a meeting held on 1.2.2009 prohibited till further order, the use of excavator machines in areas adjac..
Category: Environmental Law | Date: | Hits: 362
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....nd on consideration of the record of the case and the documents may discharge the accused. These two Sections have nothing to do with quashing of a proceeding. Section 561A is an independent inherent power of the High Court Division of the Supreme Court and this power can be exercised in case of abu......asud and others……………………Petitioners Vs. The State……………………….Opposite Party Judgment March 28, 2007. Result: The Rule is discharged. Cases Referred to- Liton Vs. State and others, 48 DLR (HCD) 102; Abdul Quader Chowdhury and others Vs. The State......puty Attorny General with Sheikh Rezaul Karim, Assistant Attorney General - For the State. Criminal Miscellaneous Case No.9539 of 2005. Judgment Md. Muzammel Hossain J.- This Rule was issued calling upon the Deputy Commissioner, Barisal to show cause as to why the proceedings of Kotwali Pol......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......(HCD) (2008) 63. ......r the Petitioner. Abdul Mannan Khan with Abdul Wahab, Advocates - For the Opposite Parties. Civil Revision No.3971 of 2005. Judgment Md. Abdul Aziz J.- Opposite Party No.1 was called upon to show cause as to why the Judgment and decree dated 5-9-2005 and 8-9-2005 respectively......nt and contending, inter alia, in short, that the plaintiff behaved unmannerly, he was negligent to his duties and remained absent in school from 1-5-1997 hence the School ManaÂging Committee held a meeting on 13-4-1997 and issued show cause notice to the plaintiff which remained unreplied. The Man..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ...... Islam…………………….Petitioner Vs. Bangladesh & others……………………Respondents Judgment April 11, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Water Development Board and others Vs. Golam Rabbani Khan and others, in Civil pet......d. Abdul Mazid, Advocate - For the Petitioner. Rais Uddin Ahmed, Advocate - For the Respondent No.2. Writ Petition No.3675 of 2009. Judgment AKM Abdul Hakim J.- This Rule was issued calling upon the respondents to show cause as to why the arbitrary inaction of the respondent No.4 a......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ..Category: Alternative Dispute Resolution | Date: | Hits: 96
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....ted 31.8.85 transÂferred the cases to Mr. M.A. Muktadir, MeÂtropolitan Magistrate, Chittagong for disposal. Mr. M.A. Muktadir, Metropolitan Magistrate in the order sheet observed that he has got no power to try a case u/s. 467 of the Penal Code and with such remark he sent the case back to Chief M......……………………Petitioners Vs. The State………………………………Opposite Party Judgment January 6, 1986. Result: The application is rejected. Cases Referred to- Nader Ali Shaikh Vs. The State and another, 1984 BLD (AD) 1; Una Rindu Bhikku Vs. Abdul Hakim......Advocate tor the accused petitioners. We do not find any abuse of the process of the Court. We do not think in the facts and circumstances of the case any interfereÂnce for the ends of justice is called for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. ......alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ..Category: Criminal Law | Date: | Hits: 144
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ...... Haque J Yunus Ali and another.....................Appellants Vs. State ………………..Respondent Judgment March 27, 2008. Result: The appeal is dismissed. Cases Referred to- MM Rafiqul Hyder Vs. State, 41 DLR 274; State Vs. Ershad Ali Sikder, 56 DLR 185; Md. Abdus Sa......submits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal point of falsehood in their evidence on any point and, as such, the impugned judgment calls for no interference by the Court. 14. He cited the decision in the case of Abul Bashar (Md.......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ..Category: Criminal Law | Date: | Hits: 134
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....n part of plot No.C-339 at a consideration of Taka 3 (three) lakh upon receipt of an earnest money of Taka 2,99,000 folÂlowed by delivery of possession and at that occasion Nazar Ali also executed a power of attorney in favour of Abdul Gaffar the husband of said Jahanara Begum, thereafter on 30-3-8......n) Present: Nozrul Islam Chowdhury J Jahangir Hossain J Ashek Ali (Md.) and others……………Appellants Vs. Abdul Gaffar & others……………Respondents Judgment October 27, 2010. Result: The appeal is allowed. Cases Referred to- Ghulam Muhd. Shah Vs.......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ing the war of liberation leaving the property of his share in possession of the plaintiffs. In this way plaintiffs have been in possession of the holÂding in their entirety. Dibhuti also executed a power of attorney in favour of the plaintiffs. The property could not be and did not vest as enem...... Vs. The State & others……………………………………………………Opposite-Parties Judgment September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property......ince 1972 and since the suit was not brought within one year from the date of knowledge it was barred under Article 14 of the Limitation Act. 7. It is the propriety of this decision which has been called in question in the present Rule. Mr. PC. Guha, learned Advocate appearing for the petitioners......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ..Category: Property Law | Date: | Hits: 64
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
....hammad Zahid Imam, the learned Advocates for the petitionÂers submits that under section 10 of the Law of Abandoned Property Ordinance, 1985 (Ordinance No.LIV of 1985) the Court of Settlement has no power to pass any Order for non prosecution even if prayed for. He further submits that the Code of ...... (Md.) and others……………Petitioners Vs. Bangladesh & 12 others……………Respondents Judgment November 18, 2009. Result: The Rule is made absolute. Cases Referred to- Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 54 DLR 215; Government of the People'......d. Khalilur Rahman, with TH Shakil Hossain, and Md. Khalilur Rahman (Helal), Advocate - For Respondents. Writ Petition No.7913 of 2007. Judgment Mir Hashmat Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why Order dated 17-5-2006 passed by the First Court...... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ..Category: Property Law | Date: | Hits: 66
Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)
.... by the Court, a company Limited by Shares, if so authorised by its Articles, may by special resolution reduce its share capital in any way, and in particular the company may, as part of this general power‑ (a) extinguish or reduce the liability on any of its shares in respect of share capital ......reme Court High Court Division (Civil Original Jurisdiction) Present: Kazi AT Manowaruddin J Tropical Homes Limited......................Petitioner Vs. Registrar of Joint Stock Companies, Dhaka, Bangladesh...................Defendant Judgment August 27, 1996. Res......of the company; (d) so far as is necessary, alter its Memorandum by reducing the amount of its share capital and its shares accordingly". 15. A special resolution under this section in this Act called it resolution for reducing share capital. 16. The petitioner company is authorised by its ......ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ..Category: Company Law | Date: | Hits: 74
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
.... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ............Respondents Judgment June 24, 1996. Result: The Rule is made absolute in Writ Petition Nos.757/1993, 758/1993, 759/1993, 760/1993, 762/1993, 763/1993 and 764/1993. Cases Referred to- Gujrat State Financial Corporation Vs. M/s. Lotus Hotels Pvt. Ltd. AIR 1983 (SC) 848; MP Suga......Nos.757/1993, 758/1993, 759/1993, 760/1993, 762/1993, 763/1993 and 764/1993 these were heard together and are being disposed of by one Judgment. 2. In Writ Petition No.757 of 1993, Rule was issued calling upon respondents to show cause as to why they should not be directed to absorb the petitione......t. He appeared before the Interview Board and after the interview he was selected and appointed as Lecturer of Management by a letter dated 2‑6‑87 and he joined in that post on 4‑6‑87. In the meetings of die Governing Body held on 21‑4‑87 and 20‑6‑87 the appointments made by the Gove..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
.... defendant No.7 (Sonali Bank Ltd.). The suit cold storage has been mortgaged in favour of the defendant No.7 (the Bank). The cold storage was affected by the devasÂtating flood of 1998, there was no power supply and as a result it had to stop its operation. On 20-5-2007 the defendants No.1-3 (of Ti......ellants Vs. Syed Shakhawat Hossain and others…………………………………Plaintiff-Respondents Judgment August 21, 2011. Result: The appeal is allowed. Cases Referred to- Mozher Sowdagar Vs. Md. Zahirul Islam, 8 BLD 1999 (AD) 29=40 DLR (AD) 62. Lawyers Involved......defendant No.1 admitting receiving money from the plaintiffs. The Bank has asserted that the plaintiffs have acquired no right, title or interest in the suit properties. Besides, the Bank has categorically denied all the allegations, claims and averments made in the petition for temporary injunction......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ..Category: Administrative Law | Date: | Hits: 212
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....ted, Hazaribagh Branch, Dhaka (hereinafter referred to as the Bank). At the time of obtaining loan they mortgaged their personal properties as security to the loan by exeÂcuting deed of mortgage and power of attorney in favour of the Bank. The petitioners having failed to re-pay the loan the Bank, ......€¦â€¦â€¦â€¦â€¦â€¦â€¦...Petitioners Vs. Rupali Bank Limited and others……………………Respondents Judgment April 8, 2012. Result: The Rule is made absolute. Case Referred to- Sheikh Nazmul Haque Vs. Bangladesh, 14 BLC 107. Lawyers Involved: Md. Osman Ghani Bhuiy......Ain is to be followed before taking action under secÂtion 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......Ain is to be followed before taking action under secÂtion 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ..Category: Civil Law | Date: | Hits: 159
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....sell the mortgaged property in auction, then the right and possession of the mortgaged property will be vested upon the bank. Consequently at the instance of the bank the Adalat rightly by exercising power conferred under section 33(7) of the Ain, 2003 passed an order conferring title of the petitio.....................Petitioner Vs. Al-Arafah Islami Bank Ltd. and others ………………….Respondents Judgment November 20, 2008. Result: The Rule is discharged without any order as to cost. Lawyers Involved: ARM Shahidul Islam, Advocate — For the Petitioner. Kazi Md. Nu....... 2-3. Writ Petition No. 9097 of 2006. Judgment SM Ziaul Karim J. - This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the impugned order dated 24-8-2006 (Annexure-E ......ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ..Category: Civil Law | Date: | Hits: 139
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
....he Court thinks fit." 12. In the case of Nurul Islam Vs. Md. Abdur Rashid and others reported in 37 DLR (AD) 32 wherein it is held: "Code of Civil Procedure Or. XVIII, r, 17 Discretionary power given by Order XVIII, rule 17 to recall and examine witnesses must be exercised in accordance ...... BLT (HCD) (2007) 300. ......titioner. S.N. Goswami, Advocate with Mejbahuddin Ahmed, Advocate - For the opposite parties. Civil Revision No.1388 of 2006. Judgment Syed Mohammad Ziaul Karim J.- This Rule, was issued, calling upon the opposite party Nos.1 and 2 to show cause as to why the impugned order dated 17-04-2...... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ..Category: Property Law | Date: | Hits: 58
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ...... Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Delwar Hossain J Md. Abul Kashem and others……………………………Petitioners Vs. Mst. Robila Khatoon and others……………………………Opposite parties Judgment February 25, 2010. ....... Judgment Md. Delwar Hossain J.- This Rule was issued at the instance of defendant No.5 and the heirs of the defendant No.6 upon an application under section 115 of the Code of Civil Procedure calling upon the opposite party Nos.1 and 2 to show cause as to why the impugned Judgment and decree......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
.... of the Emergency Power Rules 2007 was no bar in granting bail by the High Court Division. We have also noticed that an observation was made in that case regarding trap operation by Police not duly empowered by the ACC. But, the observation regarding trap case is apparently an obiter, inasmuch as th...... MR Hasan J Bayazid (Md.) ……………….Petitioner Vs. State ………………..Opposite Party Judgment August 9, 2009. Result: The Rule is made absolute. Case Referred to- 60 DLR 629; 55 DLR (AD) 33; 60 DLR (AD) 147; ASS Mohammad Ali Vs. State, 35 DLR (AD) 324; Md.......ance by the learned trial Court as contemplated under subsection (1) of section 32 of the Ami Corruption Act (the Act). 10. In view of the facts and circumstances of the case stated, we are mainly called upon to consider (1) as to whether sanction was necessary under Rule 16(1) of the ACC Rules 2......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ..Category: Anti-Corruption Laws | Date: | Hits: 44
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....on, the transfer shall not be voidable on the ground that the transferor was not authorised to make it: provided that the transferee, after taking reasonable care to ascertain that the transferor had power to make the transfer, has acted in good faith." 15. The above view is supported by the deci......€¦â€¦â€¦..Petitioner Vs. Md. Abdul Hye and others…………………………………….Opposite Parties Judgment July 1, 1997. Result: The Rule is discharged. Cases Referred to- Hamidullah Talukdar & others Vs. Muslim Khan and others, 8 DLR 606; 13 DLR (SC) 228; 39 D......he Petitioner. Md. Abdul Haque, Advocate ‑ For the opposite parties. Civil Revision No.33 of 1992. Judgment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff-Âpetitioner calls in question the Judgment and decree dated 30‑10‑91 passed by the Subordinate Judge, Kushti......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ..Category: Civil Law | Date: | Hits: 59
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....s the evidence on record and to arrive at his own independent finding. In the instant case, the specific findings of the trial Court have not been reversed by the lower appellate Court exercising its power under Order XLI, rule 31 of the Code. Accordingly, trial Court's judgment and decree are resto......arim J Mohammadullah………...Petitioner Vs. Abu Taher and others…………..Opposite Parties Judgment March 9th, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyer......ith Chowdhury Nasima, Advocates — For the Petitioner. Shihabuddin Mahmud, Advocate — For the Opposite Parties. Civil Revision No. 5078 of 1995. Judgment SM Ziaul Karim J. - This Rule, calls in question the legality and propriety of judgment and decree dated 7-8-1995 passed by learned......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ..Category: Civil Law | Date: | Hits: 48
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