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Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61.......t the Court concerned shall have to find out according to the terms of the rule, whether the proposed amendment is likely to facilitate the determination of the real questions in controversy. The power of amendment of pleading as provided in Order 6 rule 17 of the Code of Civil Procedure is a ma......an J Nitai Ch. Shaha ……………Petitioners (In Civil Revision No. 4 of 1981) Umananda Shaha ……………Petitioners (In Civil Revision No. 233 of 1981) Vs. M/s. City Ice and Cold Storage Ltd. and others…………………Opposite-Parties (In both the cases) Judgment April......e plaintiff and the plaintiff is legally entitled to enforce the said contract against the defendant Nos.2-7 and to get necessary sale deed from them". 5. The petitioner defendants objected to the grant of amendment and the learned Subordinate Judge after hearing the parties passed the following ..Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......………………Appellants Vs. Sree Sudhir Chandra Saha & others…………………Respondents Judgment February 10, 1982. Result: The appeal is allowed. Cases Referred to- Sarat Chandra Nath Vs. Faiz and others, 9 DLR 315; Meheri Bibi and another Vs. D. Ghose, 30......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ..Category: Property Law | Date: | Hits: 146
Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)
....ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99.......urt Division formed the opinion that the irregularities and illegalities though not raised on the polling day yet can be resolved by the Election Commission in exercise of its supervisory and plenary power under Rule 93 of the Rules. 2009 inasmuch as election process starts with the publication of t...... Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Ataur Rahman……………….................Petitioner Vs. Election Commission & Others..........Respondents Judgment October 12, 2010. Result: The leave petition is dismissed. Lawyers Involved: Fida M. Kamal......ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99...Category: Election Law | Date: | Hits: 296
Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)
....f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ......the executing Court having decided the application on merit and having not decided on a preliminary point, the High Court Division erred in remanding the case to the executing Court in exercising its power beyond the scope of Order 41 rule 23 of the Code of Civil Procedure. The learned Advocate furt......Lawyers Involved: A.M. Ameen uddin, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. None represented-For Respondent. Civil Petition for Leave to Appeal No.395 of 2008. Judgment Mohammad Fazlul Karim J.- This Petition for Leave to Appeal......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ..Category: Others | Date: | Hits: 140
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ......uently the respondent No. 1 as per provisions of the Service Rules, 1985 issued the memo dated 26-1-1994 (Annexure C) temporarily suspending the petitioner from service. The respondent No.1 was given powers vide Memo No. Thana/Pa- 37/8/92/916 dated 31-10-1994 for issuing the dismissal letter against...... Upazila Nirbahi Officer and others……………..Respondents Judgment May 4, 2006. Lawyers involved: Md. Mazibar Rahman, Advocate—For the Petitioner. Md. Safed Ali, Assistant Attorney-General—For the Respondents. Writ Petition No. 3510 of 2004. Judgment MM Hossain J......ion and the respondent No. 4 is the Subordinate Officer of the respondent No. 3. On 16-6-1993 the petitioner submitted an application praying for three days casual leave and having obtained the leave granted by the respondent No. 1, the petitioner left the station for his village home and thereafter..Category: Employment/Service Law | Date: | Hits: 180
Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)
....acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360.......a Rule and order of stay, staying the decision of the said meeting held on 20.11.2006. Thus he remains as Panel chairman No. 1. 4. While the position was such, on 13.11.2007 the Ministry of LGRD empowered the petitioner to exercise financial power due to the custody of the Pourashava Chairman /Ma......lam Mia, Advocate with Faruk Hossain, Advocate with him-For the Respondents. Writ Petition No. 7870 of 2009 Judgment Md. Abu Tariq J.- This Rule nisi was issued calling upon the respondents to show cause as to why the notification স্থাসবি/পৌর-২/চবি-বিবি......present writ petition is vitiated due the petitioners malafide on account of suppression of facts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360...Category: Others | Date: | Hits: 136
.... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
...... 84 as the case may be." (Underlined by us)
7. The learned counsel after reading this provision of section 82 BB(3) submits that the insertion of section 82 BB(3) invested the respondents with the power to promulgation of Rule for selection of cases for audit, whereas the respondents by now, did ......oard of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others………………Respondents
Judgment
April 27, 2010.
Result:
The Rule is discharged.
Cases Referred to-
Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress, A.I.R. (SC) 101; Mohiuddin Faruquie'...... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
..
Category: Fiscal/Taxation Law | Date: | Hits: 227
....d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
......03 to 04.01.2004 he appointed 331 persons without any advertisement, without any selection committee and without maintaining the quota system. This was done in exercise of the unguided and unfettered powers under Section 12(10) of the National University Act, 1992. In this way during his term the sa......spaper Ltd. Vs. India AIR 1986 SC 872 O.P; Gupta Vs. India AIR 1987 SC 2257.
Lawyers Involved:
Dr. Kamal Hossain, with Rehan Husain, Advocates-For the petitioner.
ABM Altaf Hossain, Deputy Attorney General-For the respondents.
Review Petition No. 67 of 2010
(arising out of Writ Petit...... remedy available in the interest of the public.
14. That respondent no.1 in paragraph No.8 of their first affidavit-in-opposition stated that the appointing authority is vested with the power to grant increment under Sangbidhi-6. But in reality, they are ‘not’ vested with that power because..
Category: Administrative Law | Date: | Hits: 371
Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)
....ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ......es Ordinance, 1976. Further, it is stated that the impugned order is the result of malafide intention and has been done for collateral purposes and the same was passed at the instance of the party in power and not on the basis of an objective independent finding. 3. Mr. Amirul Islam has taken us ......of the Constitution of the People's Republic of Bangladesh the petitioner challenges the order of the delimitation of constituency passed on 22‑5‑95 by the Election Commission delimiting the territorial constituency of Dhaka purporting to take away Harirampur Union from territorial constituency ......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ..Category: Election Law | Date: | Hits: 271
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......ther…………………………Appellant Vs. Harun Mia and others…………………………Respondents Judgment May 22, 1982. Result: The appeal is allowed. Case Referred to- Ajiruddin Vs. Rahman Fakir, 13 DLR (S.C.) 191. Lawyers Involved: Shawkat Ali Khan with ......d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11...Category: Property Law | Date: | Hits: 93
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......r. M. Fazul Karim - For the Opposite Party No.1. Civil Revision No.17 of 1980. Judgment Mustafa Kamal J.- The question involved in this Rule is whether the appellate Court below has the power to review its own Judgment under Order 47 rule 1 of the Code of Civil Procedure, the appeal ha......………………….....Petitioner Vs. Mehar Khatun………………………………Opposite Party Judgment April 7, 1982. Result: The rule is discharged. Cases Referred to- Jwala Prashad Vs. Jwala Bank Ltd. (in liquidation), AIR 1961 All 381; Mr. Abilakhi Vs. Sada N......sions of a special statue namely, section 96(12) of the State Acquisition and Tenancy Act conferred on it the powers of an appellate Court. No power to review the appellate decree or order has been granted to the appellate Court by the said special statue. Mr. Chowdhury submits that both the rig..Category: Procedural Law | Date: | Hits: 119
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
.... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ......ntrary intention appears in the repealing enactment. As a different intention does not appear either in section 4 (Savings) or in any other provision of the Law Reforms Ordinance, 1978 giving special power to the trial Judge in the Court of Session to summon and try the discharged accused without ......etitioner. Md. Abdur Razaque Miah - For the State. Criminal Revision No. 429 of 1979. Judgment Mohammed Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner Dacca to show cause why the order dated 1.8.79 passed by Mr. Asaduzzaman, Additional Sessions Judge, Dacca...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ..Category: Criminal Law | Date: | Hits: 92
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ...... of any provision in the Act authorising the Principal of the college to take action by way of implementation of the decision of the Academic Council and Disciplinary Committee will not affect the power of the Principal to punish the students for indiscipline or misconduct. Though the point rega......f 1993] Vs. Principal, Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are accordingly made absolute. Cases Referred to- Farid Sons Ltd. Vs. Government of Pakistan, 13 DLR (SC) 233; Zakir Ahmed Vs. University of ......nts for life. The learned Advocate emphatically submitted that the impugned order of expulsion from the Medical College for ever is illegal, mala fide and has been made without lawful authority in flagrant violation of the principle of natural justice, as before making such an order no notice to s..Category: Others | Date: | Hits: 168
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54....... has taken cognizance has got no force. The word 'proceeding' means legal proceeding in the Court and not the searches or arrest or investigation made by the investigating agency in exercise of the power conferred upon them by law. Proceeding means judicial proceeding which starts after submission...... J Rezaul Bari (Md.)....................Petitioner Vs. Bangladesh & others .........Respondents Judgment March 9, 2010. Result: The Rule is discharged. Cases Referred to- Makbul Hossain Vs. State, 40 DLR 326; Khorshed Alam Vs. State, 27 DLR 111. Lawyers Involve......l maintainable. Accordingly we do not find any substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Ca..Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51.......6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51.......s.........................Petitioners Vs. Kambar Ali and others..........................opposite-parties Judgment July 13, 2010. Result: The Rule is discharged. Cases Referred to- Ali Ahmed Vs. Rezia Begum, 1986 BLD 326; Fahim-al-Haque Vs. Md. Abdul Aziz, 43 DLR 226; Mofaz......s that the suit land situated in urban area, so the parties have a right to develop its specific area. He lastly submits that after considering materials on record the Courts below rightly refused to grant an order of injunction which calls for no interference by this Court. 5. In order to apprec..Category: Civil Law | Date: | Hits: 111
....aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
......now digress to have a glean to some relevant provisions pertinent in this respect for the appreciation and decision. The Customs Agent Licensing Rules 1986 came into force on 27-6-1986 in exercise of power conferred by enabling the section 219 of the Customs Act, 1969 read with item 21 of the third ......ction)
Present:
Md. Ashfaqul Islam J
SM Emdadul Hoque J
Saint Martin Commodities Limited...................Petitioner
Vs.
Chairman & Joint Commissioner, Licensing Authority, Customs House & Others………Respondents
Judgment
February 23, 2010.
Result:
The R......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
..
Category: Business or Commercial Law | Date: | Hits: 656
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37........ It is admitted that in the instant Case father Ajit Kumar Roy Chowdhury died leaving his minor son Santosh Kumar Roy Chowdhury and wife Nibedita Roy Chowdhury. In Mulla's 'Principle of Hindu Law' powers of natural guardian narrated as follows: "Powers of Natural Guardian.— The powers of a n......ia and others........................Appellants Vs. Bangladesh and others.......................Respondents Judgment June 3, 2010. Result: The appeal is allowed. Cases Referred to- Joynal Abedin Vs. Hafizur Rahman, 13 BLD (AD) 150 = 44 DLR (AD) 162; Abdullah Vs. Abdul Karim...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...Category: Property Law | Date: | Hits: 147
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......stion of maintainability of the appeal was not specifically raised in the Appellate Court below, but this being a question of law, can be raised here before this Court. This Court in exercising its power under section 115(1) of the C.P.C. can even suo motu interfere into an illegal order in the ......................Petitioners Vs. Abdul Karim Sheikh & others.........................Opposite Parties Judgment May 31, 1989. Result: The Rule is made absolute. Cases Referred to- 26 DLR(AD)1(8);38 DLR (AD)33(8);22 DLR (SC)102(11);AIR 1957 Cal. 242(11);22 DLR (SC)144(13). ......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)
....nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ......tigation, inquiry, trial or other proceedings under this code by or before such Court or officer, such Court may issue summons or such officer a written order, to the persons in whose possession or power such document or thing is believed to be requiring him to attend and produce it, or to produce......ceedings of D.A.B. Non F.I.R. Case No.717 dated 6.8.86 and D.A.B.G.R. No.76 of 1986 under section 175 of the Penal Code. 2. The petitioner's case, in short, is that one Mr. Abdul Khaleque, Inspector, District Anti-Corruption Bureau, Commissioner's Building, Dhaka by his letter dated 21.4.86 u......nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ..Category: Procedural Law | Date: | Hits: 118
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. .....................Petitioner Vs. Abdul Rashid Khan & others .............Opposite Parties Judgment June 22, 1989. Result: The rule is made absolute. Cases Referred to- M/s. A. Haque and Co. & another Vs. Alhaj Zakir Hossain, 40 DLR (AD) 109; M/s. Binning ......on various occasions paid rents for several months at a time. There is no controversy regarding such lump sum payments of rent. What is, however, important to notice about such payments is that while granting receipts for them the plaintiff respondent took care in giving such receipts month wis..Category: Tenancy Law | Date: | Hits: 214
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