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Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)
....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...... Faruque Ahmed, Advocate - For the Respondent No.5. Writ Petition No.5008 of 2003. Judgment ABM 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 ot......d Md. Nurul Islam were elected as guardian members while Alhaj Gholam Rabbani Chowdhury and Radhika Narayan were elected as the donor member and founder member respectively. On 6.3.2003, in the first meeting of the managing committee of the said school, the election for the post of Chairman of the M..Category: Others | Date: | Hits: 181
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....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......ce on record rightly decreed the suit assigning cogent and good reason as such the impugned Judgment passed by the learned subordinate Judge does not suffer any illegality or legal infirmity so as to calling for interference by this Court. 21. Now the point for determination is whether the learne......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ..Category: Civil Law | Date: | Hits: 102
....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......996.
Judgment
Md. Iftikhar Rasool J.- On the application filed by the petitioner Ataur Rahman 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 order dated 2‑6‑96 (Annexure‑C) issue......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.
..
Category: Civil Law | Date: | Hits: 178
.... 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 ......and after the War of Liberation.
11. It is true that if a property comes within the definition of "Abandoned Properties" as contemplated in Article 2 of President's Order No.16 of 1972, it automatically vests in the Government in terms of Article 4 thereof on the commencement of the said Order. B......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.
..
Category: Property Law | Date: | Hits: 116
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....(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......enu Shazzad Hossain, son of Sahinuddin Paramanik of village Pachail, P.S. Nandigram, Dist. Bogra at present 308 (1) M H Hall, Jahanginagar University, Savar, Dhaka now detained in Dhaka Central Jail, calling upon the respondents to show cause as to why the aforesaid detenu should not be brought befo......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
....roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......ommerce Bank Ltd. (IFIC Bank Ltd)….......Appellant
Vs.
Abdur Rahman and Others……………………………..Respondent
Judgment
April 8, 2012.
Result:
The Petition for Leave to Appeal is dismissed.
Lawyers Involved:
Shah M. Zahurul Huq, Advocate instructed by Syed Mah......urn the money deposited by him (defendant No.2 of the suit).
The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
......roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
..
Category: Civil Law | Date: | Hits: 174
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
.... 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......awyers Involved: Zakir Ahmed, Advocate ‑ For the Petitioner. Not Represented ‑ For the Opposite Parties. Civil Revision No.1904 of 1993. Judgment K M Hasan J.- This Rule was issued calling upon the opposite party No.1 to show cause why the Judgment and decree passed by the learned......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. ......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. ...... defendant No.4 in that suit. The pro forma defendant No.4 filed written statement and was contesting the suit. The suit was fixed on 29.12.76 for pre-emptory hearing. Defendants were found absent on call and the suit was decreed ex parte. Thereafter, the appellant defendant filed an application und......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)
....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......am with Mohd. Safar Ali - For the Petitioner. No one appears - For the Opposite Parties. Civil Revision No.2320 of 1992. Judgment Shahidul Islam J.- By this Rule the Opposite Parties were called upon to show cause as to why the impugned Judgment and decree dated 30.5.1992 passed by the l......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. ..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......sult: The appeal is allowed. The Prevention of Corruption Act, 1947 (Act No. II of 1947); section 5(2) To establish the charge under clause (c) of sub-section 5, the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him ......13. Being aggrieved by the Judgment and order dated 30.04.2005 passed by the learned Divisional Special Judge, Rajshahi, the convict persons preferred this appeal before this Court. 14. Now we are called upon to consider whether the Divisional Special Judge, Rajshahi, is justified in passing the ......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..Category: Criminal Law | Date: | Hits: 109
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....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 ......the FIR, the charges framed at the time of trial against the accused petitioners, evidence on record taken during the trial of the case as well as the Judgments of the Courts below. 13. We are now called upon to consider the submissions advanced by the learned Advocate for the petitioner and lear......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)
.... 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: ......aintiff bank filed the present suit for realization of Tk. 59,00,53,045.66 only as on 31.12.1997 impleading 12 parties as defendants including the defendant No.5 and in the plaint it has been categorically stated that the defendant Nos. 2-4 are the directors of the defendant No. 1 and they stood as ......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)
.... 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. ......s). Writ Petition No.285 of 1989 with Writ Petition No.1233 of 1989. Judgment Kazi Ebadul Hoque J.- These two Rules have been issued at the instance of the petitioner against the respondents calling in question the order of his suspension date 26.6.88 and compulsory retirement from service ......respect of M/s. Phoenix Fabrics Ltd. and other holdings by manipulations of meter reading; that the respondent No.3 being influenced by the said Ismail Khan got a resolution dated 25.6.88 passed in a meeting presided over by respondent No.3 for holding an enquiry into manipulation of billing of M/s ..Category: Employment/Service Law | Date: | Hits: 231
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....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......t bidder for the lease of Mongla-Ghasiakhali Canal Toll Station, hereinafter referred to as the said Canal Toll Station, tender for which were invited by Inland Water Transport Authority, hereinafter called IWTA. His bids were accepted and he was given lease of the said Canal Toll Station for the ye......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...Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....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...... as laws are involved in these cases and, as such, after hearing the same together the writ petitions are being disposed of by one judgment. 2. The Rule in Writ Petition No.3025 of 1996 was issued calling upon the respondents to show cause as to way the proviso to sections 5 and 6 of Surplus Publ......ed as Annexure-E. 6. Respondent No.6, Internal Resources Department of the Ministry of Finance, in a letter dated 22.9.93 informed respondent No.5 the Ministry of Commerce that it was decided in a meeting chaired by the Principal Secretary of the Hon’ble Prime Minister that if the 9 officers in..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......ia Khatun, Advocate-on-Record-For Respondent No. 1. Rafique-ul Huq, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Civil Petition for Leave to Appeal No. 139 of 2009. (From the order dated the 1st day of December, 2008 passed by the H......le, France (CMA CGM); that CMA CGM is a French shipping company. It is the largest container shipping company in France and the third largest container transportation company in the world. CMA CGM is calling over 400 ports in 150 countries and have more than 650 offices world wide. CMA CGM emp......e petitioner further accepted cargo to Bangladesh from world wide offices and millions of dollars worth of cargo over 2500 tons in number are already en-route to Bangladesh; that the respondents held meetings among themselves and others dated 03.11.2008 in which they discussed the issue of whether c..Category: Administrative Law | Date: | Hits: 318
Bangladesh Water Development Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....(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. ......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)
....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.......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)
....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......Tamanna Rahman, Advocates ‑ For the Petitioner. Abdul Wadud Khondaker, Advocate ‑ For the Opposite Party. Civil Revision No.3934 of 1994. Judgment Abdul Karim J.- This Rule was issued calling upon the Opposite Party to show cause as to why the order dated 27.11.94 passed by the learn......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. ..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......………………Petitioner Vs. The State & others…………………………Opposite-Party Judgment November 2, 1982. Result: The rule is made absolute. Cases Referred to- Suruj Meah and others Vs. Rahim Ullah and others, 33 DLR 8. Lawyers Involved: Md. Abdus......sub-section (2A) of section 202 Cr.P.C. by the Law Reforms Ordinance, 1978 when it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session he shall call upon the complainant to produce all his witnesses and examine them on oath and thereafter he is......ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401...Category: Procedural Law | Date: | Hits: 100
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