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Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....hich 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. At the same time it should be remembered that the ......………………Petitioner Vs. Sayed Amir Hossain………………………………Opposite Party Judgment May 31, 1983. Result: The rule is made absolute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers Un......e as a disqualification by interpretation would lead to absurdity and impossibility of performance as the Wakf property may be situated at different places of the country and a Mutwalli cannot physically be resident at all the places at the same time. This impossibility cannot be the intention of ......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..Category: Trust/Waqf Law | Date: | Hits: 124
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
....er hand, submits that though there was actually a report by the Security Inspector on the happenings of the 12th July, 1995 the Executive Committee themselves took the cognisance and they are fully empowered to take cognisance even if there is no complaint. He submits that the plaintiff was asked to......................Appellant Vs. Dhaka Club Limited and another....................Respondents Judgment November 13, 1995. Result: The appeal is dismissed on contest. Cases Referred to- Secretary Dhaka Club Ltd. Vs. Mustafa Jamal, 31 DLR 386; TP Dever Vs. Lodge Victoria, AIR 196...... its interest. In such a case the Executive Committee may, after giving the member concerned an opportunity to make explanation and produce such evidence as he desired, expel him under Articles 35, call upon him to apologise or to make such other reparation, or suspend his membership for a period ......appear before a disciplinary committee on 19.7.95 in which nothing has been alleged against the plaintiff. The plaintiff being away on a holiday intimated the president of his inability to attend the meeting and wanted to know the specific issue before he meets the Committee. Thereafter on 25.7.95 d..Category: Others | Date: | Hits: 154
Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)
....ion filed under section 151 of the Code of Civil Procedure and thatdecree cannot be interfered with under this provision of the Code. When the aggrieved party has other remedy available, the inherent power of the Court under section 151 of the Code cannot be invoked. The learned Assistant Judge comm......………………Petitioners Vs. Kabir Ahmedand others………………………….Opposite Parties Judgment July 16, 1995. Result: The Rule is made absolute. Case Referred to- Abdur Rahman & ors. Vs. Sultan @ Sultan and ors, 35 DLR (AD) 51. Lawyers Involved: ......, Advocates ‑ For the Petitioner. Md. Latifur Rahman, Advocate ‑ For opposite Party No.11(C). Civil Revision No.1119 of 1993. Judgment Mahmudul Amin Chowdhury J.- This Rule was issued calling upon the opposite party Nos.1‑12 to show cause why the order dated 22‑2‑93 passed by t......oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ..Category: Procedural Law | Date: | Hits: 112
....w Administrator and
Commander‑in‑Chief.
5. Heard Mr. MM Hyder Ali, learned Counsel appearing for the petitioner. He submits that (1) the CMLA is a persona designata and has to exercise the power of review on his own. He cannot share his power with anyone else and (2) that the impugned ord......Secretary, Ministry of Home Affairs and others………………………………………..Respondents
Judgment
April 3, 1997.
Result:
The Rule is made absolute.
Cases Referred to-
SLM Nurul Huq Vs. State, 33 DLR (AD) 141; Ram Milen Vs. Bonsilal, AIR 1958 (Madhya Pradesh) 2......e Respondents.
Writ Petition No. 4085 of 1996.
Judgment
M A Aziz J.- This Rule Nisi on the application under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause, why the impugned order dated 14‑9‑83 (Annexure‑C) ......onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
..
Category: Constitutional Law | Date: | Hits: 259
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......er……………………Petitioners Vs. State and another……………………Opposite Parties Judgment February 24, 2008. Result: The Rule is made absolute Cases Referred to- Nagendra Chandra Barker Vs. Aftabuddin, 44 DLR (AD) 355; Abul Bashar Vs. Hasan Uddin Ahmed, 5......l - For the State. Criminal Miscellaneous Case No.6687 of 1998. Judgment Nozrul Islam Chowdhury J.- The Rule under Section 561A of the Code of Criminal Procedure was issued on 23-11-98 calling upon the Deputy Commissioner, Dhaka as well as opposite party No.2, the informant to show ca......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....ned Advocate submitted that in the facts and circumstances of the present case the impugned order dated 29.09.1979 should be construed as a direction to make further investigation into the case which power the Magistrate always had, and after insertion of clause 3B of section 179 of the Cr.P.C. the ...... Syed Mohammad Ali J Abul Kashem Shawdagar.................................Petitioner Vs. Abdur Razzaque & others.....................................Opposite Parties Judgment October 6, 1983. Result: The Rule is discharged. Cases Reffered to- The State Vs. Abul Qua......ioner. AKM Shafiqur Rahman with Zahirul Hoque with M. K. Dastidar—For the Opposite Parties. Criminal Revision No. 232 of 1982. Judgment Mohammad Habibur Rahman J.—This Rule was issued calling upon the Deputy Commissioner, Chittagong and the accused opposite parties Abdur Razzaque Dov......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ..Category: Criminal Law | Date: | Hits: 93
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....gainst the order of removal. Against the appellant judgment of the District Judge a revision lies to the High Court Division. This is a specific provision of law in a special statute. The appellate power of the District Judge and the revisional power of the High Court Division are specifically pro....... ......with Abul Quasem—For the Opposite parties. Civil Revision No.369 of 1983. Judgment Mustafa Kamal J.- This rule obtained under section 115(1) and 115(3) C.P.C. as they stood on 27.10.1983, calls into question the judgment and order dated 24.08.1983 passed by Mr. Mahmudul Amin Choudhury, D......r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ..Category: Trust/Waqf Law | Date: | Hits: 121
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
....দ্যমান ব্যবস্থাপনা কমিটি বা ক্ষেত্রমত অন্তবর্তী ব্যবস্থাপনা”of a Co-operative Society is empowered to prepare a draft voter list and also to finalize the same and such final voter list has to......nt: Md. Emdadul Huq J Fakir A Matin..........................Petitioner Vs. Gaosul Azam Bachchu, Vice President and others.......Opposite parties Judgment October 6, 2010. Result: The Rule is made absolute. Lawyers Involved: Md. Abdur Rahman How......d Appeal Officer and the impugned judgment and order dated 27.10.2009 passed by the learned Additional District Judge. 14. I have also perused the record of Writ Petition No.3152 of 2009 which was called for on the verbal submission of the learned Advocates for both sides. This Writ Petition was ......ding election of the Managing Committee of Gaforgaor. UCCA, a three member Election Committee was formed and the date of holding election was fixed on 20.10.2008. The existing Managing Committee in a meeting held on 12.08.2008 decided that they would publish a voter list containing 456 out of the to..Category: Others | Date: | Hits: 140
.... of Northumbria and London Universities.
7. In another Supplementary Affidavit the petitioner has annexed Annexure M which shows that there are 157 institutions in the U.K. having degree awarding powers recognized by the U.K. Government but among these 157 institutions, the name of Williamsburg ......lt:
The Rule is made absolute in part along with all the aforesaid observations and directions.
Lawyers involved:
Manzil Murshid, Advocate-For the Petitioner.
Ms. Kazi Zinat Huq Deputy Attorney General with Shams-ud Doha Talukder, Assistant Attorney General-For the Respondent No.1.
......z Kabir, Advocates- For the Respondent No.5
A.B.M. Bayezid Advocate- For the added Respondent No.6.
Writ Petition No. 7407 of 2011
Judgment
Tariq ul Hakim J.- Rule Nisi has been issued calling upon the respondents to show cause as to why failure to take necessary legal action against ......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Others | Date: | Hits: 146
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
.... the learned Advocate representing the Bank on the other hand contended that Article 181 of the Limitation Act has no manner of application and the Court which passed the preliminary decree had ample power to make the decree final even after the period of 3 years because the drawing up of final decr......……Petitioners Vs. Joint District Judge & Others………………………………Respondents Judgment March 22, 2005. Result: The Rule is made absolute. Cases Referred to- Mahamad Kamal Vs. Ahmed Ali and others, 87 IC (1925)-746; Gajanan Chintaman Deshpande and oth...... first point, it is perfectly true to say that there was a preliminary decree passed, and there was the order making the decree for sale absolute, but there was no formal final decree drawn up. Technically, therefore, it is right to say that there is no final decree which could be executed. This con......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ..Category: Limitation Law | Date: | Hits: 162
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....ed Advocate appearing for the petitioner submits further that the provisions of the prisoners Act read with Rules 718 to 721 of the Jail Code provide the jail authorities with arbitrary and unbridled power to restrain a prisoner in fetters which offends human dignity and impose avoidable pains and s......esh and others……………………………………Respondents Judgment April 19, 26, 27, 2006. Result: The Rule is disposed of with the directions and observation. Cases Referred to- Sunil Batra Vs. Delhi Administration and others reported in A.I.R. 1978 (SC) 1675; Jagmohan S......rney-General A.M. Showkatul Huq, Assistant Attorney-General - For the Respondents. Writ Petition No. 2852 of 1997. Judgment Nozrul Islam Chowdhury J.- This Rule Nisi was issued on 08.06.1997 calling upon the Respondents to show cause as to why Fazlu alias Hafiz alias Hafizur Rahman alias Ha......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......Hakim J Sharif Uddin and another.......Petitioners Vs. Bangladesh & others............Respondents Judgment July 21, 2009. Result: The rule is disposed of. Cases Referred to- Golam Murtaza Bhuiyan Vs. Bangladesh, 48 DLR (AD) 47; Abdul Awsal Talukder Vs. Bangladesh, 9 ......ood or erosion of Kushiara river as it is on a high land. It is well communicated both by road and river. The Government's decision is final relating to selection of site for UPCB and thus, cannot be called in question in the writ jurisdiction and the rule, is liable to be discharged. 7. The peti......ns, decided to construct Union Parishad Complex Bhaban (shortly, stated as UPCB) in all unions of the country. Budh Bari Bazar Union Parishad (the Parishad, in brief) first discussed thematter in its meeting dated 31-3-2005 wherein it was observed that the construction of UPCB involves huge expenses..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....dgment and Order adversely affected right, title and interest. 10. Mr. Mesbahuddin, the learned Advocate on the point of maintainability of the Revisional application submits that the Revisional power of the High Court is a supervisory power which may also be exercised suo moto and any person i..........................Petitioner Vs. Shakhina and others..............................Opposite-Parties Judgment February 2, 2012. Result: The Rule is made absolute. Case Referred to- MH Saya & Co. Vs. Wazir Ali Industries, 21 DLR (SC) 50; Abdul Qadir Vs. Abdul Majid, 1984......or the Petitioner. AJ Mohammad Ali with Sarder Abul Hossain, Advocates—For the Opposite Party No. 1. Civil Revision No.1585 of 2009. Judgment Sheikh Abdul Awal J. - This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and Order dated 3......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ..Category: Property Law | Date: | Hits: 117
..... It appears from notification dated 4‑11‑1996 that respondent No.4 has been appointed and recognised as the chief of the Bohmong circle of Chittagong Hill Tracts by the Government in exercise of power under Chittagong Hill Tracts Regulations 1900 (Regulation 1 of 1900) and Commissioner of Chitt......gment
January 12, 1997.
Result:
The Rule is discharged.
Lawyers Involved:
Khandker Mahbubuddin Ahmed with SM Moonsir, Advocates ‑ For the Petitioner.
KM Saifuddin Ahmed, Deputy Attorney‑General ‑ For Respondent Nos.1‑3.
Zakir Ahmed with Oziullah, Advocates - For Respond......ith Oziullah, Advocates - For Respondent No.4.
Writ Petition No. 5101 of 1996.
Judgment
Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Aung Shwe. Prue Chowdhury calling upon the respondents to show cause as to why the impugned notification No. Spe. Sa:(Ain)‑3......order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
..
Category: Civil Law | Date: | Hits: 185
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
.... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......azal Hossain (Md.) and others..........Petitioners Vs. Md. Helal Mia & others......Opposite-Parties Judgment February 23, 2009. Result: The rule is discharged. Cases Referred to- Ahmed Hussain Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162; Government of Bangladesh, repres......Md. Wahidullah, Md. Shahed Razmul Bari with Md. Shahidul Islam, Advocates - For the Opposite Party. Civil Revision Case No.2869 of 2004. Judgment AFM Ali Asgar J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 2...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ..Category: Property Law | Date: | Hits: 138
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... (CJS) IA Page‑279 is hereunder: "Acquiescence. The word, it has been said, implies acceptance or approval, active assent, active consent, assent, assent or consent, consent, also knowledge, and power to contract. The word has been employed as meaning conduct recognising the existence of a t..........Pre‑emptee‑Petitioner Vs. Md. Joinal Abedin Talukder and 76‑others.............Opposite Parties Judgment August 20, 2002. Result: The Rule is discharged. Cases Referred to- Durga Choudhurain Vs. Jawahir Singh Choudhuri, 17 Indian Appeal 122; Ramchandra Vs. Ram Linga...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....s laid down in sections 237 and 238 in the Chapter II of the Succession Act, 1925. 7. Now the only question arises before us to ascertain as to whether the District Judge or District Delegate is empowered under the Act to consider grant of probate on the basis of copy of a lost 'Will' without get.....................Appellant Vs. Paresh Chandra Sutradhar..........................................Respondent Judgment February 16, 2002. Result: The Appeal is allowed. Case Referred to- AIR 1939, Calcutta 674. Lawyers Involved: SS Halder, Senior Advocate with HR Acharjee, ......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ..Category: Property Law | Date: | Hits: 113
....him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
......ther…………………Petitioner
Vs.
Board of Intermediate and Secondary Education, Comilla & others………………Respondents
Judgment
May 16, 2006.
Result:
Case Referred to-
Chairman, Bangladesh Council for Scientific and Industrial Research (BCSIR) Vs. Abdul Khalequ......er.
Khalilur Rahman with Ms. Rubaiyat Hossain, Advocates - For the Respondent Nos.1 and 2.
Writ Petition No. 3519 of 1997.
Judgment
Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 5-6-1996 passed agains......pplication to the respondent No.3 praying for supplying him with the attested copies of the essential papers including the report of the enquiry Committee which were never supplied to him earlier for meeting the charges brought against him. Thereafter, upon prayer made by the petitioner on 2-6-1996,..
Category: Employment/Service Law | Date: | Hits: 205
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....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......ation and not on the form and in the instant case a perusal of the written objection indicates that in substance it is an application under section 33 of the Arbitration Act although it is not specifically mentioned in the written objection that it is an application under section 33 of the Arbitrati...... 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)
....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......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. ......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. ..Category: Criminal Law | Date: | Hits: 115
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