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....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......t it to the authority having the power, that if the Syndicate could legally undo or modify the order of appointment, the, Vice‑Chancellor also in an emergency could certainly exercise that power in terms of the statutory power given to the Vice‑Chancellor under section 12(3) of the said Ordinanc......Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Dr. Syed Mahbubur Rahman......................Petitioner
Vs.
Bangladesh University of Engineering and Technology, represented by its Vice Chancellor and another..................Respondents
J..
Category: Employment/Service Law | Date: | Hits: 155
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......ether the High Court Division was justified in directing the payment of commission to the writ petitioner as local agent of its principal Fabrica Nacional De Moneda Y Timbre, Spain, (FNMT) beyond the terms and conditions of the agreement reached between the Government of Bangladesh and the FNMT. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others..........Appellants Vs. Excellent Corporation…………………………..........Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......ministrative Appellate Tribunal for disposal of the application for restoration of the appeal on merit as expeditiously as possible. Accordingly, this leave petition is disposed of in the following terms; (a) The impugned order dated 6-7-2001 passed by the Administrative Appellate Tribunal, Dha......Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Bangladesh and another..........................Petitioners Vs. Md. Abdul Karim............................Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......pany." 3. In addition to the aforesaid agreement dated 8.3.85 another agreement was executed by the petitioner No.1 and respondent No.1 on 15.7.85, as the respondent No.1 was unable to fulfill the terms and conditions as per agreement dated 8.3.85. Under the 2nd agreement a deadline of 31.3.1986 ......y. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......ately the defendant No.3 had retracted from its undertaking and repudiated any liability whatsoever for the alleged damage to the injured vessel. The vessel was repaired in Khulna Dockyard and as per terms of Insurance Policy the proforma defendant repairing costs and compensation of the injured ves......h Court Division (Admiralty Jurisdiction) Present: Md. Mozammel Hoque J Sadharan Bima Corporation...................Plaintiff. Vs. Philoship Co. S A Owner of the Greek Ship M V Hios and others…………..…….Defendants. Judgment July 22, 1990. Cases Referred To- Do..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
...., an application under Article 102 may not be entertained to circumvent a statutory procedure. There are, however, exceptions to the rule. Without attempting an exhaustive enumeration of all possible extraordinary situations we may note a few of them. Inspite of an alternative statutory remedy an ag......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......sain……………………………..Petitioner (Writ Petition No.947 of 1991) Vs. The Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and another………………Respondents (In both the Writ Petitions). Judgment August 27, 199..Category: Criminal Law | Date: | Hits: 88
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ...... the registered lease deed between the allottees and RAJUK and the cancellation of the said plan by the petitioner No.1 abolishing the facilities earmarked therein has been done in violation of the terms of the lease deed and against the provisions of Town Improvement Act inasmuch as in the plan....... ..Category: Property Law | Date: | Hits: 92
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304....... This Case is also Reported in: 45 DLR (HCD) (1993) 304...Category: Procedural Law | Date: | Hits: 59
....oner is not entitled to raise such disputed questions of fact for decision of this Court under Article 102(2) of the Constitution of the People's Republic of Bangladesh in exercise of its summary and extraordinary jurisdiction. The petitioner has, in fact, only challenged Annexure‑G dated 9.6.91 p......rty to the said case disposed of by the Court of Settlement is bound by the judgment and order as aforesaid in which the Court of Settlement allowed the application of the petitioner in the following terms:
"In the result, we allow this application and direct that the case property be excluded fr......isdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Mohsin Kabir (Rupan).........................Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………………Respondents
Judgment
July 18, 1991.
Cases Referred To-
..
Category: Property Law | Date: | Hits: 86
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......appeared in that suit and filed a written statement but ultimately the suit was compromised out of Court between the plaintiff and the aforesaid Ganzer Molla and his wife and that suit was decreed in terms of the petition of compromise or solenama. That solenama provided that the present plaintiff r......ditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ..Category: Property Law | Date: | Hits: 88
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......existence of the basic facts with reference to which the power is vested and (c) an abuse of the discretion for collateral purpose or an arbitrary exercise thereof.
Even if the statute by its very terms indicates that the existence of the basic facts which give the power is left to the subjective......
Read the Appellate Division Judgment Here.
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Quazi Shafiuddin J
Mainur Reza Chowdhury J
Mahinuddin (Md) and others .....................Petitioners (In Writ Petition No.868 of 1991)
Kabita Rani Hajra ...
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......t has inherent power to maintain its jurisdiction and render it effective on behalf of the litigants. Generally speaking, the court has the power to control their own proceedings, at least during the terms of the Court, or so long as those are pending. The kind of order sought for may be passed if i......Buddhi Sankar Biswas………………………Petitioner Vs. Akbar Ali Sheikh……………………Opposite Party Judgment August 11, 1991. Cases Referred To- Punjab Ali Pramanik and others Vs. Md. Mokarram Hossain, 29 DLR (SC) 185; Mayajan Bibi Vs. Monohar Ali, 39 DLR 68; Arjun..Category: Property Law | Date: | Hits: 90
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......sting respondent No.1, as it is a matter of interpretation of the relevant law. 5. At the outset, Mr. Rokanuddin Mahmud. the learned Counsel appearing on behalf of the petitioner, submits that the terms 'inquiry' (অনুসন্ধান) and 'investigation' (তদন্ত) have different m......on (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Tofail Ahmed……………………..Petitioner Vs. Chairman, Anti-Corruption Commission and others..................Respondents Judgment February 25, 2010. Result: The Rules ar..Category: Anti-Corruption Laws | Date: | Hits: 200
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......been made (or a provisional liquidator has been appointed) no suit or other legal proceeding shall be proceeded with or commenced against the Company except by leave of the Court, and subject to such terms as the Court may impose." 7. Mr. Rafique‑Ul‑Huq, the learned Advocate, is representing...... 251; 35 company cases (SC) 755; 42 Company Cases 26; 28 Company Cases 216; 34 Company Cases 151; 42 Company Cases 96; 40 Company Cases 1065, MK Ranganathan & another Vs. The Government of Madras and others, AIR 1955 (SC) 604. Lawyers Involved: Rafique‑Ul-Huq, Advocate ‑ For Auction ..Category: Company Law | Date: | Hits: 193
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......that view of the matter the marriage still subsists. 7. The High Court Division observed that the marriage between the appellant and the respondent was solemnized on 29.08.1987 and pursuant to the terms of kabin nama after 15 days of marriage the alleged Khula talaq took place on 12.09.1987 and t...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abul Hasnat Mohammad Mohsin ...........................Appellant Vs. Dilruba Aktar and another……………………………........Respondents Judgment June 4, 2009. Lawy..Category: Family Law | Date: | Hits: 185
....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......contract by which both the parties are bound is necessary for the purpose of determining whether the claim of the respondent firm is justified or otherwise. If it is necessary to take recourse to the terms of the contract for the purpose of deciding the matter in dispute, it must be held that the ma......2011) 240.
..
Category: Civil Law | Date: | Hits: 78
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......even though no decree is drawn up. It is not necessary that there should be an express finding on the issue in question, where a question has been necessarily decided in effect though not in explicit terms. When a question is decided by necessary implication it would also operate as res judicata. Bu......cate ‑ For the Petitioner. S M Amin Azaher, Advocate ‑ For the Opposite Parties. Civil Revision No. 11 of 1985. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and order dated 29.11.84 passed by the learned Subordinate Judge, Sera..Category: Property Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......the war the defendants did not give up the land and, on the other hand, they made a constructions over a part of the plaintiffs land without the knowledge and consent of the plaintiff and against the terms and conditions as originally settled. The defendants contested the suit on the ground that the......pondent. Judgment August 8, 1990. Cases Referred to- KK Das Vs. Amina Khatun Bibi, AIR 1940 (Cal) 356=44 CWN 247; Ramratan Vs. Shiodattarai, AIR 1921 (Nagpur) 167; Sitara Shahjahan Begum and another Vs. Munna and another, AIR 1927 (Allahabad) 342; Gujerat Ginning and Manufacturing Co. L..Category: Property Law | Date: | Hits: 110
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
....uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......rocedure if the defendant can satisfy the Court that the claim in the suit had been adjusted or satisfied wholly or in part by any lawful agreement or compromise then the Court shall pass a decree in terms of such compromise. But nowhere in the plaint it has been stated that the defendants of that s......orted in: 43 DLR (1991) 621. ..Category: Procedural Law | Date: | Hits: 67
....nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
......with the objector‑petitioner (opposite party No. 1 in CR No. 111 of 1982) M/s Continental Grain Co. (Canada) Ltd. on 14.7.81 for one voyage from Vancouver to Chittagong for carrying oil‑seeds. In terms of the said charter party and according to the established shipping practice the objector‑pe......ussain Mohammad Habibur Rahman J
Kazi Ebadul Hoque J
Bangla Jalpari Lines (Pvt) Ltd.................................................Petitioner
Vs.
Continental Grain Company (Canada) Ltd. and others............... Opposite Parties.
Judgment
July 24, 1990.
Case Referred to-
P..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
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