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....oard of trustee is entrusted with the management of the Trust, which has made the Bangladesh Freedom Fighters Welfare Trust Regulations, 1984 (hereinafter called the Regulations, 1984) in exercise of power under article 17 of P. O. 94 of 1972 to regulate and control its affairs that includes enlistm...... Nos.2-4.
Writ Petition No.8354 of 2010.
Judgment
Md. Ruhul Quddus. - This Rule at the instance of the legal heirs of a martyr freedom fighter was issued for a direction upon the respondents to give them monthly state honorarium and other benefits, issue martyr freedom fighter’s certifica......crificed his life in 1971 during the war of liberation in a front battle against the occupation army at Chhagalnaiya EPR Camp, Feni.
3. Respondent 2 Bangladesh Muktijodda Kalyan Trust (hereinafter called the Trust) is the successor of Bangladesh Freedom Fighters Foundation and has been establishe......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Others | Date: | Hits: 103
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....7 DLR 18 that the Assistant Sessions Judge deemed to have been appointed as Additional Sessions Judge under the provision to sub-section (3) of Section 9 of the Code of Criminal Procedure has all the powers of Additional Sessions Judge except the passing of sentence of death and has jurisdiction to ......985. Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 241A Section 241A of the Code of Criminal Procedure does not authorizea Magistrate to pass arbitrary order of discharge. He has to comply with certain requirements. He must assign......; Judgment Md. Abdul Jalil J.- This Rule issued at the instance of the accused petitioners calls in question an order dated 16.4.1984 passed by the Assistant Sessions Judge, 2nd Court, Chitta......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ..Category: Procedural Law | Date: | Hits: 78
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....f Vs. MV Yue Yang and others………………………..Defendants Judgment July 30, 1996. Result: The applications are rejected. If the Managing Director of the company has no power under the Articles of Association to file a suit on behalf of the company he cannot do so unle........................Plaintiff Vs. MV Yue Yang and others………………………..Defendants Judgment July 30, 1996. Result: The applications are rejected. If the Managing Director of the company has no power under the Articles of Association to file a suit on behalf of the co......r security may be given to prevent or to secure release from arrest, and that the plaintiffs claim may be satisfied by the owner of the res or insurers or third parties without its being necessary to call on the sureties to the bail bond or other security or to sell the res, are no more than develop...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....tences awarded by the Court martial. 8. Mr. Saifuddin Ahmed Chowdhury, learned Advocate appearing on behalf of the respondent No.2 submits that the Civil Aviation Authority has done all within its power in order to bring the responsible persons to book. He points out that the two security personn...... April 28, 2009. Result: The Rule is disposed of. Suo Motu Rule No.03 of 2008. Judgment Md. Imman Ali J.- On 20-4-2008 Manzill Murshid, learned Advocate of the Supreme Court, brought to our notice a news item published in the Financial Express on Saturday, 19-4-2008 wherein it was r......itted by the security personnel at Gate No.27. It further appears that Mr. Rezwan Hossain was taken by the security personnel of the joint taskforce into an area under their control where he was physically assaulted and as a result sustained injury on his body, including a broken arm and leg. It als......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....so on a correct and proper analysis of the legal aspect involved in the suit and the findings being a finding of facts are not liable to be disturbed by the High Court Division in exercising of the power under section 115(1) of the Code of Civil Procedure. 26. In the case of Akrab Ali Vs. Zahir...................Petitioner Vs. Government of Bangladesh and others.......................Opposite Parties Judgment January 27, 2009. Result: The Rule is discharged. Cases Referred to- Amirunnessa Vs. Abdul Mannan Howlader, 17 BLD 251 = 1 BLC 183; Hriday Ranjan Dey Vs. Niranjan......ral - For the Opposite Party No.1. ARM Hasanuzzaman Advocate - For the Opposite Party Nos.2(a)-2(m). Civil Revision No.985 of 1991. Judgment Syed Md. Ziaul Karim J.- This Rule calls in question the legality and propriety of the Judgment and decree dated 09-03-1989 passed by....... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ..Category: Property Law | Date: | Hits: 76
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......ange Regulation Act etc. complaint should be filed before the Magistrate by the person authorized in this behalf either by the Government or by the Bangladesh Bank and not by lodging any FIR and that too by an authorized person. This apart lodgment of such complaint should be preceded by an opport......011. Judgment Siddiqur Rahman Miah J.- This Rule was issued on an application under Section 561A of the Code of Criminal Procedure filed by the accused petitioner Ahmed Akbar Sobhan @ Shah Alam calling upon the opposite party State represented by the Deputy Commissioner, Dhaka to show cause as......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..Category: Criminal Law | Date: | Hits: 109
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....d of 154 Kazi NazrulIslam Road, Sadarghat, Chittagong. On an application, the transfer was mutated and endorsed by respondent No. 1 on 15-10-2005, vide serial Nos. 704 and 705 under the authority and power vested in respondent No. 1 under section 4 read with section 11 of the Marine Fisheries Ordina......) 769. ......ndent No. 3. Writ Petition No. 1601 of 2009. Judgment SM 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 the impugned memo No. Mo-4/Trawler-63/2002/113 ......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ..Category: Civil Law | Date: | Hits: 124
SM Siddiqur Rahman, Advocate Vs. Anti-Corruption Commission and others, 2011, 40 CLC (HCD)
....he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ......………Petitioner Vs. Anti-Corruption Commission and others…………………………Respondents Judgment November 27, 2011. Result: The Rule is discharged. Case Referred to- Anti-Corruption Commission Vs. Dr. HBM Iqbal Alamgir, 15 BLC (AD) 45. Lawyers Involved: ...... Narayanganj. Accordingly, she submits referring to the decision in the case of Anti-Corruption Commission Vs. Dr. HBM Iqbal Alamgir reported in 15 BLC (AD) 45 that the Appellate Division has categorically deprecated allowing the fugitive to seek relief particularly under special original jurisdicti......he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ..Category: Procedural Law | Date: | Hits: 104
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
....ixed for pronouncement of Judgment and the matter has been appearing in the list with the name of the learned Advocate for the contesting parties. Though the learned Mr. Serajul Islam Bhuiyan filed power but no one appear on behalf of the opposite party to oppose the Rule. 6. Mr. Lutfor Rahma......…………Petitioners Vs. Sajed Ali Khan and others……………………………Opposite Parties Judgment July 21, 2009. Result: The application is allowed. Cases Referred to- 13 BLD (AD) 277; 11 MLR (AD) 58; 32 DLR (AD) 167; 19 DLR (SC) 433. Lawyers Involved: Lu...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ..Category: Procedural Law | Date: | Hits: 94
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....The Rule is made absolute. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982), section 3 The law of acquisition gives the Deputy Commissioner the power to acquire property in the likelihood of two situations. First, if the property is needed. Or,......le is made absolute. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982), section 3 The law of acquisition gives the Deputy Commissioner the power to acquire property in the likelihood of two situations. First, if the property is needed. Or, if th......ondents. Writ Petition No.5690 of 2000. 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 proceedings in LA Case No.22 of 1996-97 und......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ..Category: Property Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....uit or application against any order passed or any action taken under this Ordinance, and no injunction shall be granted by any Court in respect of any action taken or to be taken in pursuance of any power conferred by or under this Ordinance." 16. From the section quoted above, it appears that n......azrul Islam Bhtiiyan, Advocate-on-Record—For Respondent Nos. 1(a)-1(e). Not represented—Respondent Nos.2-7. Civil Appeal No.280 of 2010. (From the judgment and decree dated 14th day of October, 2009 passed by the High Court Division in Civil Revision No.3994 of 2007). Judgment Sye......he petitioner filed Miscellaneous Case No.40 of 1996. On 23-7-2001, the Court fixed the date of final hearing of miscellaneous case but the petitioner did not turn up and none was found upon repeated calls. After that, the learned Sub-ordinate Judge by judgment and order dated 23-7-2001 dismissed Mi......ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ..Category: Property Law | Date: | Hits: 104
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
....he State………………………………………Opposite Party Judgment August 28, 2008. Result: The Rule is discharged. A Sub-Inspector of Police or an Officer above has inherent power to investigate into an offence in accordance with law and he has also been specially empowered......This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......eral with M.A Harun, Assistant Attorney-General - For the State opposite Party. Criminal Miscellaneous Case No.1565 of 2008. Judgment Sikder Maqbul Huq J.- The instant Rule was issued calling upon the opposite party to show cause as to why the proceedings of Sessions Case No.211 of 2....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ..Category: Criminal Law | Date: | Hits: 90
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....couple of days with the name of learned Advocate for opposite party. Today it is taken up for hearing but no one appears to oppose the Rule, although the opposite party entered appearance by filing a power through his learned Advocate Ms. Shirin A. Chowdhury. 8. I have considered the submission o...... Md. Ruhul Quddus J Sharmin Akhter…………………….........................Petitioner Vs. Major (Rtd.) Mahbub Akbar Bhuyian…………………....Opposite Party Judgment October 7, 2012. Result: The Rule is discharged with modification. Lawyers Involved: M. Sh...... and circumstances of the case it could be reasonably presumed that the opposite party was intending to take the minor abroad and for the purpose of obtaining visa, he was required to be examined medically. Therefore, the appellate Court below was not correct in saying that there was nothing on reco......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 117
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....………..(8) The Code of Civil Procedure, 1908 (Act No. V of 1908); Order VII Rule 11 Rejection of plaint Rule 11 of Order VII of the Code of Civil Procedure, 1908, while dealing with the power of Court to reject a plaint, contemplates that still-born suit should be nipped in the bud at ......……………………………Opposite Party Judgment April 19, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision...... Court's inherent power Murshed, CJ, speaking for the Court, observed at paragraph No.10: "Order VII, rule 11 of The Code, as quoted above, enumerates certain categories under which the Court is called upon to reject a plaint, but, it is obvious that they are not exhaustive. It appears from the......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
.... of Directors felt the necessity of taking resolution on notifying all the Directors of the company. Their further case is that by the resolution dated 7‑1‑95 Executive Director II has not been empowered to issue any cheque in respect of the accounts maintained with the defendant No.1 bank. The ......nts
Vs.
Arab Bangladesh Bank Limited and others………………Respondents
Judgment
May 5, 1998.
Result:
The appeal is allowed.
For holding a valid meeting of the Board of Directors written notice must be given to all the member of the board of directors. If anyone is left out......Court, Dhaka alleging that defendants 2 and 3 who are respondents 2 and 3 in this appeal in collusion with each other have manufactured a fraudulent and/or illegal resolution dated 7‑1‑85 without calling a valid Board Meeting and or without giving any notice to the other Directors including plai......hers………………Appellants
Vs.
Arab Bangladesh Bank Limited and others………………Respondents
Judgment
May 5, 1998.
Result:
The appeal is allowed.
For holding a valid meeting of the Board of Directors written notice must be given to all the member of the board of dir..
Category: Company Law | Date: | Hits: 127
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ladesh was purportedly placed under so-called “Martial Law”, following a purported proclamation to that effect on the same day. One Khandakar Mushtaque Ahmed purportedly took over “all and full powers of the government of the People Republic of Bangladesh.” 5. A succession of actions by t......dents (In all the Writ Petitions) Judgment March 22, 2011. Result: All the Rules that sprang from Writ Petitions no7236/10, 826/11, 1048/11 and 1059/11 are made absolute Cases Referred to- ITO Vs. M/S Seth Brothers(AIR 1970 SC 292); Smt. Guwant Kaur and others Vs. Municipal Committ......e averments that emerge from the first aforementioned petition, i.e. the Writ Petition no. 7236 of 2010, run as follows; On 20th August 1975 the whole of Bangladesh was purportedly placed under so-called “Martial Law”, following a purported proclamation to that effect on the same day. One Kha...... It is obvious that the death sentence handed down onCol. Taher was not even based on the decision of the mocktribunal created by Zia, it was, indeed, the follow up of adecision that was taken at the meeting of the formation commanders held at the Army Head Quarters at the Cantonment, where most of ..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....ct to the confirmation of the Government or any public officer. The entire management of the institution would vest in the trustee or manager. If any vacancy occurs in the office of any such trustee, power is given by section 5 to any person interested in the temple or establishment or in the perfor...... Amarbati Natya Mandir........................Plaintiff Vs. State ……………………Respondent Judgment February 4, 2009. Result: The appeal is allowed without any order as to costs. Cases Referred to- Baisnab Das Vs. Nani Gopal, 14 DLR 364; Tulsi Ram Vs. Ramprasanna...... SK Sinha J. - In this appeal the plaintiff challenged an order of the learned Joint District Judge, 1st Court, Mymensingh refusing to grant leave to the plaintiff to proceed with the suit after recalling the order of abatement of the suit on the death of the secretary who had been prosecuting th......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....fendants-Respondents Judgment January 20, 2009. Result: The appeal is allowed without any order as to cost. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 34 (2) The power of awarding interest by the Court is a discretionary one and the discretion is to be exercised......aintiff-Appellant Vs. Orbit Enterprise Ltd and another………………………Defendants-Respondents Judgment January 20, 2009. Result: The appeal is allowed without any order as to cost. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 34 (2) The power of aw......o make Rule of the Court before the First Court of Subordinate Judge, Dhaka by Arbitration Miscellaneous Case No. 100 of 1987. In paragraph 'Uma' of the written statement, the defendant No. 1 categorically stated that within few months' time that the said amount would be realized. In the written sta......it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ..Category: Civil Law | Date: | Hits: 95
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....nts by filing any affidavit in opposition. 6. The Rule was issued back in the year 2009 but Mr. S.M. Moniruzzaman, the learned Attorney-General on the date of pronouncement of Judgment by filing a power opposes the Rule. His bone of contention is that section 37 is an independent section which ...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Abdul Motaleb and others………………………….Petitioners Vs. Customs, Excise and VAT Appellate Tribunal…………………………Respondents Judgment Dece......akma, Assistant Attorney-General - For the Respondent No.1. Writ Petition No.8377 of 2009. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioners, this Rule Nisi was issued calling upon the respondents to show cause as to why the Judgment and order dated 28-5-2009 passed i......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....il Procedure for restoration of the suit after setting aside the said decree passed ex parte without any prayer for recovery of possession. 5. Section 7 of the Code of Civil Procedure restricted power of Small Cause Courts constituted under the Small Cause Courts Act, 1887 or to Court exercisin......vides for jurisdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction of the tenant and Small Causes Courts cannot decide title of any party, it has no jurisdiction to pass the decree for recovery of possession if the tenant thrown out of possession of the premises......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ..Category: Civil Law | Date: | Hits: 94
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