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Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......its that the learned Subordinate Judge utterly failed to consider that the arbitration proceeding was not conducted in accordance with law and that the arbitrator in giving the award acted beyond the power vested in him and thus fell into an error in not setting aside the award. The learned Advocate......…….Petitioners Vs. Progati Prakaushali & another…………………………Opposite Parties Judgment May 13, 1996. Result: The application is rejected. Cases Referred to- 6 DLR 478; 8 DLR 305; PLD 1966 (Dhaka) 262; AIR 1941 (Sind) 111; 9 PLD 1960 (Lahore) 677; AIR...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)
....nd forthwith. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ......e of Criminal Procedure lays dawn that no police officer shall investigate a non-cognizable case without the order of a Magistrate of the first or second, class having power to try such case or send the same for trial. In the instant case not only inves......…………………Respondent Judgment November 24, 1982. Result: The rule is made absolute. Lawyers Involved: M.A. Aziz - For the Petitioner. Moazzem Hossain, Deputy Attorney-General - For the State. Criminal Revision No.282 of 1979. Judgment Abdur Rahm......istrate, Khulna on 21.9.70 when the Sub-divisional Magistrate took cognizance of the case and summoned the accused persons. 3. Thereafter the petitioner surrendered before the Court and was granted bail. The petitioner then moved this Court and obtained the present Rule when furt..Category: Criminal Law | Date: | Hits: 115
Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)
....clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ......anaging Committee but may do so from outside. 10. In that view of the matter, the Government was at liberty to appoint any person as Chairman of the Managing Committee in exercise of its residuary power but other than the person(s) recommended by the elected members of the managing committee. In ......Khairul Hague J.- The Rule Nisi was issued at the instance of Abul Hossain Azad the petitioner calling upon the Government of Bangladesh represent by the Secretary, Ministry of Education and 4 others to show cause as to why the order nominating the respondent No.5 as the Chairman of the managing Com......clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ..Category: Others | Date: | Hits: 181
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....one by the party seeking it. Discretionary is not arbitrary or capricious but it must be regulated upon grounds that would make it judicial. No hard and fast rules can be laid down. In exercising its discretionary power a Court will grant or withhold relief according to the case presented. In every ......ty seeking it. Discretionary is not arbitrary or capricious but it must be regulated upon grounds that would make it judicial. No hard and fast rules can be laid down. In exercising its discretionary power a Court will grant or withhold relief according to the case presented. In every case the quest......…………….Appellants Vs. Md. Sekander Ali Haowlader…………………………………Respondent Judgment March 7, 2007. Result: The appeal is allowed. Cases Referred to- Rash Behari Moshalkar Vs. Hiron Baja Debi and another, 1985 BLD (AD) 51; Silver Estate Ltd. V......retionary is not arbitrary or capricious but it must be regulated upon grounds that would make it judicial. No hard and fast rules can be laid down. In exercising its discretionary power a Court will grant or withhold relief according to the case presented. In every case the question must be whether..Category: Civil Law | Date: | Hits: 102
....out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
......0th June of the following year, the extension of lease in favour of respondent No.5 is unprecedented. The impugned order is ex‑facie, discriminatory, illegal, malafide and in colourable exercise of power by respondents 2 and 3 who issued the impugned order behind the back of the petitioner while p......lway Division, Bangladesh Secretariat, Dhaka and Others………………………………….Respondents
Judgment
January 27, 1997.
Result:
The Rule is made absolute.
Cases Referred to-
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others case, BLD 1987 (AD) 106; M...... and marked as Annexure‑3. It is further submitted by respondent No.5 that Mr. Kamaluddin, Executive Engineer, Roads and Highways, Brahmanbaria informed respondent No.5 that the Ferry ghat had been granted to him from 9‑1‑96 to 30‑6‑96. Respondent No.5 and the Executive Engineer, Roads and..
Category: Civil Law | Date: | Hits: 178
....he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 325.
...... case, thus must be held to be illegal, mala fide and without lawful authority.
14. We are conscious that the High Court Division in deciding the case is not acting as the Court of appeal with the power to lightly interfere with findings of facts arrived at by the learned Court of Settlement. But......…………Respondents
Judgment
March 12, 1997.
Result:
The Rule is made absolute.
Lawyers Involved:
Masood R Sobhan, Advocate ‑ For the Petitioners.
Saifuddin Ahmed, Deputy Attorney‑General - For the Respondents.
Writ Petition No.1514 of 1992.
Judgment
Gour Gopal ...... authority.
16.On consideration of the Annual Rent Receipts‑Annexure‑"C"series, the Burial Certificate-Annexure‑"I", the Joint Survey Report‑Annexure‑"E" and the succession certificate granted in Case Succession Certificate Case No.768 of 1978 in favour of the 2 sons and 2 daughters o..
Category: Property Law | Date: | Hits: 116
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......(11)/95 under section 19A of the Arms Act and case No.18(11)/95 under sections 13 and 14 of the Explosive Substance Act. The District Magistrate, Dhaka on 11‑11‑95 issued an order, in exercise of power conferred by section 3(2) of the Special Powers Act, 1974, directing the detention of the afor......……………………..Petitioner Vs. State………………………………….Opposite Party Judgment February 6, 1996. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. Bangladesh, 31 DLR (AD) 1; Jahanara Begum Vs. State, 46 DLR 107; Hasina......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ..Category: Criminal Law | Date: | Hits: 127
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ...... of 1990 claiming that she had constructed a house on the schedule land by taking a loan of Taka 3,28,000.00 from the House Building Finance Corporation, Rajshahi, Subsequently she executed a general power of attorney in favour of the opposite party No.1 in respect of the house. At the same time she......unnahar Chowdhury...............Petitioner Vs. Md. Masud Jamal and others................Opposite Party Judgment November 23, 1994. Result: The Rule is discharged. Cases Referred to- Chattu Kutti Vs. Kundan, 1931 (61) (MLJ 852); Todd Vs. Superior Court, (1919) 7 ALR 938; West......115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ..Category: Civil Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......t Board………………………Appellant Vs. Sonali Bank and others……………………Respondent Judgment June 30, 1982. Result: The appeal is dismissed. Cases Referred to- Mirza Umar Boksh Vs. Hussan Aara and others, PLD 1960 (W.P.) Peshawar 85; Asghar Hussain Vs. ......missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..Category: Procedural Law | Date: | Hits: 143
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......n 10.7.1986. The defendant No.1 was a minor on that date and that is admitted. On perusal of the contract it shows that the mother herself in her personal afford executed the contract without being empowered from any Court of law to transfer immovable property belonged to the minor defendant. Power ......ioners Vs. Mohammad Hasan Ali and another………………………………Plaintiff-Opposite Parties Judgment March 22, 2007. Result: The Rule is made absolute. Cases Referred to- Iman Bandi Vs. Mutsuddi, 45 IA 73; Md. Izaj Vs. Md. Iftikhar, AIR 1932 (PC) 76; 1 PLR Dhaka 6......to guardian of her minor son had no lawful authority to enter into a contract for sale without being authorized by Court of law. He submitted that the Courts below upon misconception of law and facts granted the plaintiffs prayer for Specific Performance of Contract against the settled principle of ..Category: Civil Law | Date: | Hits: 129
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......n of law, irregularity of procedure, neglect of proper precautions or apparent harshness of treatment. The High Court Division under section 435 and 439 of the Code of Criminal Procedure reserves the power to see that the justice is being done and sub-ordinate Courts do not exceed the jurisdiction o......……………………..Petitioners Vs. The state…………………………….Opposite party Judgment July 30, 31, 2005. Result: The rule is made absolute. Cases Referred to- Abdul Bahar @ Abul Bahar and others Vs. The State, 5 BLD 84; Gaziur Rahman Vs. The state, 11 ......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174....... credit facilities for the said projects which being allowed the defendant No. 1 opened a Current Account with the plaintiff bank on 3.11.1986 and executed 3(three) Powers of Attorney on 17.12.1991 empowering the plaintiff bank to collect the bills directly from the respondent No. 12; thereafter the......ms………………Petitioner Vs. IFIC Bank Ltd. & Others………….....Respondents Judgment July 30, 2005. Result: The petition is dismissed. Case Referred to: Guhlam Rahman vs. National Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: ......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174...Category: Civil Law | Date: | Hits: 122
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527....... in the case of Abdur Rouf Vs. Abdul Hakim, reported in 17 DLR (SC) 515 where it was observed as follows: "A mala fide, act is by its nature an act without jurisdiction. No legislature when it grants power to take action or pass an order contemplates a mala fide exercise of power. A mala fide order ......……Respondents Judgment May 25, 1992. Result: The Rule in Writ Petition No.1233 of 1989 is made absolute. The Rule in Writ Petitioner No.285 of 1989 is discharged. Cases Referred to- Protap Singh Vs. State of Punjab, AIR 1964 (SC) 72, Vice‑Chairman, EP Management Board Vs. ......ecision in the case of Abdur Rouf Vs. Abdul Hakim, reported in 17 DLR (SC) 515 where it was observed as follows: "A mala fide, act is by its nature an act without jurisdiction. No legislature when it grants power to take action or pass an order contemplates a mala fide exercise of power. A mala fide..Category: Employment/Service Law | Date: | Hits: 231
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......to IWTA the respondent No.2, its recommendation for granting the aforesaid ghat to the respondent No. 7 by way of lease to help the Muktijuddha families. 11. The respondent No.2 in exercise of its power under clause 3(Ga) of the office order dated 21-4-98 (Annexure-G) decided to grant lease of Mo......uzzaman ……………..Petitioner Vs. Government of Bangladesh and others……………..Respondents Judgment December 8, 1999. Result: The Rule is discharged. Cases Referred to- Dr Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; Bangladesh Vs. Safiuddin 50 DLR (AD) 27; Erusi...... to Muktijuddha Sangsad without tender. 8. The petitioner has sent a Demand of Justice Notice by telegram dated 21-6-99 calling upon the respondents to cancel, rescind and withdraw the decision to grant lease dated 17-6-99 by the respondent No.4 but to no effect (Annexure-I) 9. Being aggrieved..Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......T Collectorate Dhaka (North) sent him a message of congratulation. A copy of the congratulation letter date 2-1.95 has been annexed as Annexure-S to the writ petition. 11. There was shortage of manpower to do the job in the department as the work is ever increasing with overflow of responsibiliti......hment, Government of the People’s Republic or Bangladesh & others………………Respondents Judgment February 12, 1998. Result: All the Rules are made absolute. Cases Referred to- Mujibur Rahamn Vs. Government of Bangladesh, 44 DLR 111; Bangladesh Vs. Saifuddin Ahmed, 50 D....... Bam/Pro 4/BCS/ Trade 4-22/93/89 formally announced the abolition of the said 23 posts and confirmed that both this Ministry and Establishment Division agreed for abolition and the Ministry had duly granted the abolition of the said posts. On the same date the Ministry of Commerce issued another or..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Water Development Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ......(b) order that the arbitration agreement shall cease to have effect with respect to the different referred. (3) A person appointed under this section as an arbitrator or umpire shall have the like power to act in the reference and to make an award as if be had been appointed in accordance with th......during 1989‑91. A work order for Taka 1,75,00,000.00 was issued in favour of opposite party No.1. Subsequently a dispute about enhancement of rates for payment of bills arose and the parties agreed to settle the dispute through arbitration and accordingly, Mr. Justice Maksum-ul‑Hakim was appoint......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ..Category: Alternative Dispute Resolution | Date: | Hits: 521
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......e First Part of section 304, Penal Code.” (Reference AIR 1977 SC 45). 18. Exception 1 to section 300 reads as follows: "Culpable homicide is not murder if the offender, whilst deprived of the power of self-control, by grave and sudden provocation causes the death of the person who gave the p......…Appellant Vs. Abul Howlader…………………………Respondents Judgment June 11, 1995. Result: The reference is rejected. The jail appeal is dismissed. Case Referred to- AIR 1977 SC 45. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney-General ‑ F......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257...Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......and decrees made in any Court in appeals against such decrees or Judgments, but (b) in no case includes an arbitration award, even if such award is enforceable as a decree or Judgment." 25. The power of the Court to appoint an arbitrator under section 8(2) of the Arbitration Act, 1940, corresp......Plc..................Petitioner Vs. Bangladesh Air Services Pvt. Ltd..................Opposite Party Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insu......e Court to try the suit remains undisputed under all circumstances. The Supreme Court of India agreed with the decision of the High Court that the facts established make out sufficient reason for not granting stay. Mr. Shamsuddin Chowdhury has submitted that the facts of the reported case are diffic..Category: Alternative Dispute Resolution | Date: | Hits: 304
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
....ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ......erform as nearly as may be the same duties as are conferred and imposed by the Code on a Court of original jurisdiction in respect of suits instituted therein and, therefore, an appellate Court has power to pass an interlocutory or incidental order tor maintaining the status quo or to preserve the......ion for temporary injunction of the opposite parties. 2. The opposite parties filed Title Suit No.225 of 1983 for a permanent injunction restraining the defendants-petitioners, from entering into the suit properties by force. Their case, in brief, is that plaintiff No.1 Jahangir Alam Matubbar......ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ..Category: Civil Law | Date: | Hits: 147
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......ja, Fatema Begum, Hasan Ali Pathan, Hossain Ali Pathan, Osman Ali Pathan, Abdus Satter Pathan, Moslemuddin Pathan and Mojibur Rahman Pathan appointed Mohammad Jamsher Ali their attorney by registered power of attorney dated 26.2.95. The attorney sold in total sold 10 decimals, .06 from plot No.27 an......………..Petitioner Vs. AKM Gyasuddin Sarder and others…………………………..Opposite Party Judgment May 03, 2007. Result: The rule is made absolute. Cases Referred to- Md. Siddique and others Vs. Haji Ahmed, PLD 1967 Karachi at 468; PLD 1968, Lahore 367; 57 DLR......pugned Judgment and decree passed by the Court of Appeal below is hereby set aside, and the decree of dismissal of the suit by the trial Court is restored and the suit be dismissed. The order of stay granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C..Category: Procedural Law | Date: | Hits: 97
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