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Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
.... plaintiff and that the plaintiff took forcible possession of the ground floor in 1973." 2. It was further observed that the malafide conduct of the plaintiff being manifest upon such facts the discretionary relief cannot be granted in his favour. 3. The urisuccessful substituted plainti...... Md. Nurul Huq, with AKM Shahidul Huq, Advocates ‑ For the Opposite Party No.1. Civil Revision No.2288 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.- Is the Civil Court so powerless that in exercise of its inherent powers it cannot entertain, an application for setting as......¦â€¦â€¦Petitioners Vs. Lailun Nahar Ershad and others……………Opposite Parties Judgment July 9, 1991. Result: The Rule is made absolute. Cases Referred to- Abdul Aziz Vs. Abani Mohan, 30 DLR (SC) 221; Mofazzal Molla and another Vs. Parul Bala Deb......ff took forcible possession of the ground floor in 1973." 2. It was further observed that the malafide conduct of the plaintiff being manifest upon such facts the discretionary relief cannot be granted in his favour. 3. The urisuccessful substituted plaintiffs then preferred Civil petiti..Category: Procedural Law | Date: | Hits: 130
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......swas………………………Appellant Vs. Banglasdesh and others ………………………Respondents Judgment June 28, 1992. Result: The appeal is dismissed. Cases Referred to- Abdul Mannan and others Vs. Kulada Ranjan Mowali, 31 DLR (AD) 195; Lopez Vs. Mudan Mohan Thak......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ..Category: Property Law | Date: | Hits: 118
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......................................Appellant Vs. Naresh Chandra Poddar and others.................Respondent Judgment April 4, 1985. Result: The appeal is dismissed. Cases Referred to- Appalaswami Vs. Suryanarayanamuri and others, A.I.R 1947 (P.C.) 189; Mudigowda Gowdappa Sankh......r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ..Category: Property Law | Date: | Hits: 111
Chairman, Chittagong Port AuthoÂrity, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....t, the Rule is made absolute without any order as to costs and the impuÂgned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......ing the petitioner any opportunity to show cause or to have a hearing. In the I.R.O. case no industrial dispute being presÂent the Labour Court could not be deemed to be a Civil Court or to have any power of Civil Court for ordering temporary injunction. The said order was illegal and without jurÂ...... Kalipada Dey & others.................................................................Respondents Judgment September 11, 1986. Result: The Rule is made absolute. Cases Referred to- Bangladesh Fishermen’s Cooperative Society Ltd. Vs. The Chairman, Labour Court, Chittagong,...... we should also refer to some decisions in which it has been contrarily held that even in deciding such cases the Labour Court shall be deemed to be a civil Court and shall be deemed to have power to grant injunction and to pass or set aside the ex parte decree by following the proceÂdure of the Co..Category: Labour and Industrial Law | Date: | Hits: 204
....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......t if a plaint could not be rejected under Order VII rule 11 of the Civil Procedure Code, it could be rejected under section 151 of the Code of Civil Procedure, in the exercise of the Court's inherent power. In support of his contention he referred us to a decision of our Appellate Division, Abdul Ja......ivil Surgeon Barguna and others……………………………………………………Opposite Parties
Judgment
January 30, 2002.
Result:
The Rule is made absolute.
Cases Referred to-
Abdul Jalil and others Vs. Islamic Bank of Bangladesh Ltd. and others, 53 DLR 9; Burmah Easte...... Health.
3. The Government took a decision to settle the suit land with the petitioner and accordingly, the Settlement Case No.1/94‑95 was started. Subsequently, a registered deed of settlement, granting lease of the suit land to the petitioner, was executed on 26‑12‑96. Eviction notices we..
Category: Procedural Law | Date: | Hits: 146
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......€¦â€¦Defendant-Appellant Vs. Surraiya Jabeen and others……………………Plaintiff-Respondents Judgment June 10, 2010. Result: The appeal is allowed in part. Cases Referred to- Maria Keshi D' Rozaria Vs. Hassan Movies Ltd., 41 DLR (AD) 35; Kalu Mondal Vs. Begum Fazilatu......House Rent Control Case No.12 of 1997 passed on 17-1-2000 (Exhibit "Ka"), order No.9 dated 9-6-1997 passed by in Title Suit No.34 of 1997 subsequently re-numbered as Title Suit No.157 of 1999 showing granting of injunction against the plaintiff landlords (Exhibit "Ka") and the legal notice dated 30-..Category: Tenancy Law | Date: | Hits: 190
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......rrated it appears prima facie that the accused-petitioner admittedly executed bainapatra in favour of the complainant and thereafter suppressing the existence of that bainapatra executed two separate powers of attorney in favour of two other persons in respect of the same land. In this regard, the H......rul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For Respondent No.2. Not represented-For Respondent No.1. Criminal Petition for Leave to Appeal No.401 of 2009 (From the judgment and order dated 29th June, 2009 passed by the High...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 90
....et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......sation vide Power of Attorney deeds for examining on behalf of others. The defendant examÂined 2 (two) D.Ws. The plaintiff's documents were exhibited as exhibit-which is the Power of Attorney Deed empowering the plaintiff No.1 to depose in the suit on behalf of all other plaintiffs. Exhibit-2 serie......thers……………….Defendant-Appellants
Vs.
Abdur Rashid Chowdhury and others................Respondents
Judgment
May 10, 2011.
Result:
The appeal is allowed.
Cases Referred to-
Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, 14 BLC ......issues for lawful disÂposal of the appeal:—
(a) Whether plaintiffs got any locus standi to file a suit for declaration that they are entitled to get settlement and the defenÂdants are bound to grant settlement?
(b) Whether the plaintiffs are co-sharer of the original owner from whom the su..
Category: Property Law | Date: | Hits: 118
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ....... Yesmin Begum Bithi, Advocate - For the State. Criminal Revision No.1062 of 2007. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Dinajpur, to show cause as to why the judgment and order Dated 12-8-2007 passed by the learned Special Session......ampur, District Dinajpur alleging that she voluntarily took LPR on 28-2-2007 and she placed her bill along with service book before the accused for preparing papers and documents for pension and lump grants on 28-2-2007 and the accused claimed Taka 10,000 but the informant refused to give bribe and ..Category: Criminal Law | Date: | Hits: 87
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449....... Petitioner. PC Guha, with Samiran Mallick, Advocates - For Opposite Parties. Civil Revision No.4874 of 1998. Judgment Nozrul Islam Chowdhury J.- The Opposite Party Nos. 1 and 2 as pre-emptor brought Miscellaneous Case No.59 of 1993 before the Senior Assistant Judge, Shyam Nagar, Satkhir......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449...Category: Property Law | Date: | Hits: 79
....l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......ecommendation made therein in favour of respondent No.4 (the 3rd lowest bidder) at the cost quoted by the petitioner are manifestations of unreasonable, arbitrary, biased and colorable exercise of power because in the meantime through Annexure "B” series the petitioner-company was awarded work............Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………Respondents
Judgment
May 10, 2001.
Result:
The Rule is disposed.
Cases Referred to —
Kulchhinder Singh and others Vs. Hardayal Singh Brar and others, AIR 1976 SC 2216; Sharp......l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......e declines to accept the shares offered, the directors may dispose of the same in such manner as they think most beneficial to the Company." 21. Regulation 71 as stated above has also given the powers of the directors as regards the management of the company. Regulation also prescribes that if......71. ......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ..Category: Company Law | Date: | Hits: 225
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......olly without lawful authority. 21. Lastly, our attention has been drawn to the first portion of the grounds of detention wherein it has been stated that after the military rule Ershad took over power the detenu entered into politics, came to the forefront, was a former President of Jatiya Mahi...... Judgment February 5, 1992. Result: The Rule is made absolute. Lawyers Involved: Masood R Sobhan, Advocate ‑ For the Petitioner. A Y Salehuzzaman, Deputy Attorney General‑ For the Respondent Nos.1 and 2. Writ Petition No.3112 of 1991. Judgmen...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....tioners 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......o.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: 216
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......e complainant used to carry on business in Qatar by residing there for a long time. The accused used to come to the house and office of the complainant in Qatar often. Accused petitioner showed him a power of attorney issued by the Government of Qatar in favour of his firm M/s. Shahbaz International...........................Petitioner Vs. Ansarul Huq Ansari & others.........................Opposite-Parties Judgment May 14, 1986. Result: The Rule is discharged. Cases Referred to- Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another, 36 DLR (AD) 14; Bhuban Mohan ......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..Category: Criminal Law | Date: | Hits: 362
....ith applications under Order 40, rule 1, is whether in the circumstances of the case the appointment of a receiver is just and convenient, the main object being to preserve the property. The power is discretionary with the Court, but at the same time this discretion is not to be exercised arbitraril......dealing with applications under Order 40, rule 1, is whether in the circumstances of the case the appointment of a receiver is just and convenient, the main object being to preserve the property. The power is discretionary with the Court, but at the same time this discretion is not to be exercised a......s
Vs.
Government of the PeoÂple's Republic of Bangladesh & others…………….Opposite-Parties
Judgment
August 23, 1986.
Result:
The Rule is made absolute.
Case Referred to-
Mvi. Azizur Rahman and others petitioners Vs. Kailas Chandra Bumecha & others Opposite pa......iÂnable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the conÂnected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......o raise such objection against such appointment under section 13 and 14 of the Act. The appellants also had opportunity to raise such objection before the Arbitrator himself, as secÂtion 17 provides power to the Arbitrator/Tribunal, itself to decide any question as to its appointment/ constitution/......l and others........................Appellants Vs. Noor Afza…………………..............Respondent Judgment April 28, 2010. Result: The appeal is dismissed. Cases Referred to- Hazrat Ali Vs. Election Commission, 41 DLR 486; Darbari Lal Mudi Vs. Raneeganj Coal Associati......nd any merit in this appeal. Hence the appeal is dismissed and the conÂnected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman ChowÂdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......1926 as the Judicial Commission of Chittagong University Commission was appointed under the Commission of Inquiry Act, 1956. At the outset it is necessary to state that High Court Division has been empowered under section 2 of the Contempt of Courts Act 1926 to take cognizance in respect of contempt..............................Petitioner Vs. Dr. Hasanuzzaman ChowÂdhury and others ................................Opposite‑parties Judgment March 29, 1992. Cases Referred to- State Vs. Miah Abbas Ahmed, PLD 1989 (Lah) 377; AIR 1958 (SC) 538; MV Rajwade Vs. Dr. SM H......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....The Rule is, accordingly, made absolute. Let an advance order be sent to the SuperintenÂdent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......section 491 CrPC it is only required to be seen whether the deÂtention order is illegal and or improper. Here in the present caw, the order of detention having been made in colorable exercise of the power it cannot be said that the provision of section 491 CrPC is not appliÂcable. The objects is t......Banu, 40 DLR (AD) 178. Lawyers Involved: Amir‑ul Islam with Mesbahuddin, Md. Ruhul Amin Bhuiyan and Enayet Hossain, AdvocatesÂFor the Petitioner. Amirul Kabir Chowdhury, Deputy Attorney General with Shah Azizur Rahman, Assistant Attorney General ‑ For Opposite Parties. C......The Rule is, accordingly, made absolute. Let an advance order be sent to the SuperintenÂdent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
Liton Vs. State and others, 1995, 24 CLC (HCD)
.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......ections 302/34 of the Penal Code in the Court of Magistrate, Sadar, Barisal. 2. The law is by now well‑settled that the High Court Division of the Supreme Court has the widest and comprehensive power under section 561A of the Code of Criminal Procedure to pass any orders or order either on an ...... This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......l in his application either under section 265C or 241A; otherwise his application under 561A shall be premature. This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HC..Category: Procedural Law | Date: | Hits: 140
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