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Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....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......sale deed as "contracted" the defendant Nos.2-7 with full knowledge of the contract of the sale of the suit land by defendant No.1 to the plaintiff have fraudulently and secretly created different so-called sale deeds in their favour in collusion with the defendant No.1 and as such the defendants No......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...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. ......………………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......that it was for the first time in Second Appeal that the plaintiffs sought the declaration on the basis that the kabulyat was hit by a provision of law and the fraud that the learned Single Judge was called upon to consider was inherent in the very act of the plaintiff's being party to the contraven......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)
....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......the official gazette and the presiding officer pursuant to Rule 43(1) of স্থানীয় সরকার (উপজেলা পরিষদ) অধ্যাদেশ, ২০০৮, hereinafter called as the Rules. 2008 consolidated the result of election of all the candidates for the post of ......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
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82.......h 9, 2009. Result: The petition is dismissed. Lawyers Involved: Md. Abu Siddique, Advocate-on-Record-For the Petitioner. None represented-For Respondent. Criminal Petition for Leave to Appeal No.106 of 2008. Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is......We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 ...... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82...Category: Criminal Law | Date: | Hits: 146
Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)
....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. ......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
Mazharul Haque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996, 25 CLC (HCD)
.... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ....................Petitioner Vs. Bulk Management (Bangladesh) Ltd. and others.................Respondents Judgment April 4, 1996. Result: The application is rejected. Case Referred to- Re Chesterfield Catering Co. Ltd., (1976) All England Law Reports 294. Lawyers Involved: ...... of an alleged transfer registered on 30‑4‑84. The original shareholding of respondent No.2 was 660 shares. 4. Fertexim (P.E) Holdings Limited of 4104 OCB Centre, Singapore‑0104 (hereinafter called "Fertexim") is the joint venture partner and foreign shareholder in the respondent No.1 Compa...... 6. It is alleged that respondent Nos.2 and 3 have been managing Bulk Management exclusively to the exclusion of BCIC Nominated Directors representing Fertexim in an arbitrary manner without calling meetings of the company or the Board meeting. The meetings allegedly held are mere paper transaction..Category: Company Law | Date: | Hits: 185
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....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......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.-This Rule was issued calling upon the respondents to show cause as to why the order of dismissal of the petitioner vide M......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. ..Category: Employment/Service Law | Date: | Hits: 180
Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
.... of his selection and they were managed to be appointed in the posts of temporary Assistant Professors, although on an Ad-hoc basis. These facts, he submits, highlights the colourable exercise of the powers of the respondents, in order to avoid appointing the petitioner. He further submits that alth...... the Constitution of the People’s Republic of Bangladesh at the instance of Dr. Md. Alamgir, calling upon the Vice Chancellor, Bangladesh University of Engineering and Technology (BUET) and another to show cause as to why they should not be directed for finalisation of selection and appointment of......ion No. 5345 of 2000. Judgment ABM Khairul Haque J.- This Rule Nisi was issued under Article 102 of the Constitution of the People’s Republic of Bangladesh at the instance of Dr. Md. Alamgir, calling upon the Vice Chancellor, Bangladesh University of Engineering and Technology (BUET) and ano......ist of the candidates on merit. After such selection the matter was placed before the syndicate of the University for appointment and the matter was taken up for consideration by the Syndicate in its meeting held on 14-6-2000 along with the proposals for other appointees of other Departments and alt..Category: Employment/Service Law | Date: | Hits: 160
Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)
....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...... the Petitioner Rafiqul Islam 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/পৌ......n No. 1 of Teknaf Pourashava. At present he is the Panel Mayor (No. 1 (Chairman) of the said Paurashava. The election of Teknaf Paurashava was held in April, 2002 and the Pourashava held its first meeting on 30.07.3003. As per legal requirement a special meeting was held on 21.08.2003 for electio..Category: Others | Date: | Hits: 136
.... 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'...... the Constitution of the People's Republic of Bangladesh.)
Judgment
Md. Ashfaqul Islam J.- At the instance of the petitioner Manirul Huda, an Income Tax Practitioner, this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned letter vide নথি নং জ...... 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
....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......ing out of Writ Petition No. 5125 of 2004).
Judgment
AHM Shamsuddin Choudhury J. - The Rule under adjudication, issued on 13th July 2010 was in following terms:
“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the impugned judgment and order dated 22.8.2006......legal appointments have been stated in paragraph No.9 of the said Writ Petition, which were not properly considered by their Lordships.
10. That the petitioner later come to know that in said 63rd meeting 609 posts, were created (not 904) which is revealed from the Audit Report of the National Un..
Category: Administrative Law | Date: | Hits: 371
Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ...... For the Appellants in Criminal Appeal No.810 of 1994. AKM Faiz with Fakhrul Islam Mollah, Parveen Hannan, Advocate ‑ For the Appellant in Criminal Appeal No.557 of 1994. AFM Shahid, Deputy Attorney‑General - For the State. Criminal Appeal No.557 of 1994 with Criminal Appeal No.810 of 1......lants Abdul Khaleque, Shava Mia, Abdul Maleque, Rafiqul Islam and Shahjalal appears to be wholly illegal and unwarranted and cannot be sustained in law. Furthermore, no prosecution witness has specifically stated in their evidence which of the accused appellants has caused what injury on the person ......ution witnesses that accused Khaleque, Malek, Rafiqul and Shahjalal were present in the tank and started giving fist blows but wherefrom they came, the witnesses could not say a word. Unless there is meeting of minds between the accused appellants as to the commission of crime in the offence of the ..Category: Criminal Law | Date: | Hits: 117
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ......r Ali...................Petitioner Vs. Dhaka Club Ltd. & others…………….........Opposite Parties Judgment July 11, 1996. Result: The Rule is discharged. Cases Referred to- Md. Delwar Hossain Khan Vs. Dhaka Club Limited, Miscellaneous Appeal No.209 of 1995; Shafiudd......d: Shafique Ahmed, Advocate ‑ For the Petitioner. Habibul Islam Bhuiyan, Advocate ‑ For the Opposite Party. Civil Revision No.426 of 1996. Judgment Abu Sayeed Ahammed J.- This Rule calls in question the propriety of order dated 21.1.96 passed by the 6th Additional District and Ses......28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ..Category: Civil Law | Date: | Hits: 110
Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)
....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 ......been seen that the action was taken on the basis of representation made to the Election Commission stating certain inconvenience and after hearing the preliminary list was published and thereafter it called for objection in compliance with section 6(3) of the Ordinance. We do not find that the or......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
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....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......wdhury submits that both the right of appeal and the right of review are substantive rights, and not merely procedural rights, and unless a special Act or statute confers the right of review specifically, no appellate Court, assuming jurisdiction under a special Act or statute can exercise the rig......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. ..Category: Procedural Law | Date: | Hits: 119
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
....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......Involved: Dewan A.M.S. Zaman - For the Petitioner. 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. As...... 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)
.... 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 ......on No.2142, of 1993, Writ Petition No.2143 of 1993, Writ Petition No.2195 of 1993 and Writ Petition No.2196 of 1993 Rules were issued by this Court on different dates in the month of December, 1993 calling upon the respondents to show cause as to why the impugned order of expulsion dated 20-10-9......r their residences being perplexed. The petitioners came to learn subsequently that on the same day of occurrence on 18-10-93 when the principal of the College was away from Chittagong an emergent meeting of the college staff and Academic Council under the Chairmanship of the Principal-in-Charge..Category: Others | Date: | Hits: 168
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.... 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......hairul Alam, Advocate—For the Petitioner. AKM Fazlul Haque, Advocate—For the Respondent No.2. Writ Petition No.6480 of 2008. Judgment Hasan Foez Siddique J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the proceeding in GR case No.159/2008 arising o......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...Category: Anti-Corruption Laws | Date: | Hits: 142
....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......Judgment
Md. Ashfaqul Islam J.- Let the supplementary affidavit be formed part of the main petition. At the instance of the petitioner Saint Martin Commodities Limited, this Rule Nisi was issued calling upon the respondent to show cause as to why the order in Nathi No.5 (20)59/ Agent/91 /4676(2......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)
..... 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...... "68. Proof of execution of document required by Law to be attested.- If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for purpose of proving its execution, if there be an attesting witness alive, and subject to ...... (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
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