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Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)

....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......tivated trespassers and when the property subjected to the trust is in imminent danger of being destroyed and wasted and trespassed and adversely possessed, the Court in exercise of its extraordinary power could allow what is necessary for the purpose of preserving the trust property. The learned Ad......ed in: 44 DLR (HCD) (1992) 268....... in his Calcutta house on 7.2.1933 AD. Probate being prayed and asked by the sole executor, namely, the Administrator General of Bengal, the Hon'ble High Court of Judicature at Fort William in Bengal granted letters of Administration to the Administrator General of Bengal for collection, realisation..

Category: Trust/Waqf Law | Date: | Hits: 166

Pabna Motor Employees Association Vs. Member, Labour Appellate Tribunal and others, 1991, 20 CLC (HCD)

....eason to quash the judgment and order impeached in this writ petition. The result is: we discharge the Rule. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 265. ...... hold that the present writ petition is maintainable and the contention of Mr. Korban Ali fails. 6. Let us proceed to consider the other contentions raised at the Bar. Section 8 of the Ordinance empowers the Registrar to register a Trade Union on his satisfaction that the Trade Union has complied......as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 265. ......eason to quash the judgment and order impeached in this writ petition. The result is: we discharge the Rule. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 265. ..

Category: Labour and Industrial Law | Date: | Hits: 171

Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)

....s winding up. The Court will, therefore, seldom use its discretion in such a case unless the petitioner makes out a special case or there is a strong ground for interference justifying the use of its discretionary power of just and equitable ground. In this context, I am tempted to quote the observa......is no grievance for alleged inability to pay loan from the loan giving agencies, namely, BSRS and ICB. The lawyers of the aforesaid two loan giving agencies have appeared in this proceeding by filing powers, But they have not filed any application alleging that the company is unable to pay its debt.......ross, Chamber Building (4th floor) 87, Motijheel Commercial Area, Dhaka and others ..............Respondent Judgment July 17, 1990. Result: The application is dismissed. Cases Referred to- Mahmudur Rahman Vs. Monipur Tea Company Ltd., 28 DLR 133; ACK Krishpaswami Vs. M/s Stressed C......et me now consider whether the petitioners have been able to prove before this Court as to whether the company is unable to pay its existing debts. From the papers it appears that after remission was granted the total outstanding liability stood at Tk. 78,00,000,00 and odd, out of which the company ..

Category: Company Law | Date: | Hits: 233

Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)

....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ...... 102 of the Constitution. 12. He continued by submitting that there is an apparent distinction between clause (1) and (ii) of Article 102 of the Constitution. Clauses (ii) lays down a limit to the power of the Court to issue any writ in the nature of Certiorari if any other equally efficacious re......t, Superior Appointment Division, 4, Bangladesh Secretariat, Dhaka and others……………………Respondents Judgment March 23, 1998. Result: The Rule is discharged. Cases Referred to- L Chandra Kumar Vs. Union of India, AIR 1997 (SC) 1125; Sampath Kunzar Vs. Union of India, AI......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ..

Category: Administrative Law | Date: | Hits: 326

Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)

....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ...... for so declining to interfere is because by so doing it would involve itself into a field of investigation which is more appropriate for a tribunal rather than for a Court exercising the prerogative power. The fact, therefore, that alternative remedy is provided by law would not only upon the above......- For the Petitioner. Md. Jainul Abedin, Advocate - For Respondent No.6. Writ Petition No. 4140 of 1992. Judgment M M Ruhul Amin J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Gazette Notification dated 18-11-92 declaring the respondent No......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ..

Category: Election Law | Date: | Hits: 154

Abdul Kader and another Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others, 1994, 23 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ......t was satisfied after examination that the signatures and the impressions appearing in Ext. 1 were those of the defendants or not. It appears from the judgment that the defendants had earlier filed a power of attorney (Ext. 2) on 15.5.84 before the 6th Court Assistant Judge, Dhaka wherein the power ...... Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others ..........................Opposite Parties Judgment May 2, 1994. Result: The Rule is discharged. Cases Referred to- Ali Ekabbar Farazi Vs. Government of Bangladesh, 26 DLR 394; Shyamapada Singha and others Vs....... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ..

Category: Property Law | Date: | Hits: 78

Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)

.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57....... increased from Taka 24,000/ to Taka 26,000/ and re-fixed the sales tax @ 20% by issuing SRO No. 193 dated 15.6.89 and SRO No.188 dated 15.6.89 in supersession of the previous SROs in exercise of the power vested in it under section 25(7) of the Customs Act, 1969 and under section 4(1) of the Sales ......s also Reported in: 47 DLR (HCD) (1995) 57.......impugned direction asking the petitioner to pay duty at the enhanced rate was declared illegal. Mr. Mainul Hosein also relied in the decision reported in PLD 1970 (SC) 439. In that case exemption was granted under section 12A of the Excise and Salt Act, 1942 for a period of 4 years in respect of man..

Category: Fiscal/Taxation Law | Date: | Hits: 155

Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)

.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......agong Port Authority.............Appellant Vs. Ananda Shipyard and Slipways Ltd.............Respondent Judgment December 14, 2010. Result: The appeal is allowed. Cases Referred to- Associated Engineering Co Vs. Government of Andhra Pradesh, AIR (SC) 232; Hyundai Corporation......c benefit". It has stated by Bennion in his statutory interpretation 5th ed P -792 that it implies first that a person shall not be allowed to benefit from his own wrong and secondly, that where a grant is in general terms there always an implied provision that its not include anything which is u..

Category: Alternative Dispute Resolution | Date: | Hits: 334

Mahatab Vs. State, 2010, 39 CLC (HCD)

....se. The purpose of section 540 of the Code is not to help any part to fill up the lacuna by recalling a witness…………………….(10) A Court must discharge its statutory functions whether discretionary or obligatory according to law in dispensing justice because it is the duty of Court n......t March 11, 2010. Result: The rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 540 The Evidence Act, 1872 (I of 1872); section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the procee......rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 540 The Evidence Act, 1872 (I of 1872); section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such a witness ......ng the P.Ws. mentioned hereinbefore and thereafter to dispose of the case according to law. Communicate the order to the Court below for disposal of the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 97

Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....he Constitution. As the appeal lies to the Appellate Tribunal we hold that the petitioner has got alternative and efficacious remedy provided by the Act itself and we are not inclined to exercise our discretionary power. Under Article 102 High Court Division is to exercise its extraordinary discreti......n. As the appeal lies to the Appellate Tribunal we hold that the petitioner has got alternative and efficacious remedy provided by the Act itself and we are not inclined to exercise our discretionary power. Under Article 102 High Court Division is to exercise its extraordinary discretionary jurisdic......udgment AM Mahmudur Rahman J.- This is an application under Article 102 of the Constitution impugning the order dated 21‑5‑1998 of the Review Committee constituted under section 193C of the Customs Act, 1969. 2. The petitioner imported vegetable tanning extracts under HS Code No. 320.90 fr......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458...

Category: Fiscal/Taxation Law | Date: | Hits: 138

Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)

....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......aint case No.179 of 1987 to further hams the Petitioners at Narayanganj by misusing his official Position at his station of posting. 3. After service of the Rule though Mr. SB Barua Advocate filed power on behalf of the complainant opposite party No.2 but he did not appear to contest the Rule. So......��……………Respondents Judgment July 2, 1998. Result: The Rule is made absolute. Lawyers Involved: AK Mujibur Rahman, Advocate ‑ For the Petitioners. MA Rouf, Assistant Attorney‑General ‑ For the State. Criminal Revision No. 355 of 1988. Judgment Kazi Ebadul......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ..

Category: Criminal Law | Date: | Hits: 75

Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)

....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......nd also on a correct and proper analysis of the legal aspects involved in the case and the findings being findings of fact are not liable to be disturbed by the High Court Division in exercise of the power under section 115(1) of the Code of Civil Procedure. 20. In the case of Akrab Ali Vs. Zahir......��………………..Petitioner Vs. Rahima Begum and others...........................Opposite Parties Judgment December 18, 2008. Result: The Rule is discharged Cases Referred to- Laxmi Kanta Roy Vs. Upazila Nirbahi Officer, 46 DLR 136; Nittya Gopal Roy Barman Vs. Pran Gop......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..

Category: Property Law | Date: | Hits: 98

Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)

.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......titioner Vs. Shamsun Nahar Begum and another………………………………………Opposite Party Judgment January 9, 1995. Result: The Rule is disposed of. Cases Referred to- Aga Mahomed Jaffer Bindanim Vs. Koolsoom Beebee and others, ILR 25 Cal 9; Mst. Rashida Begum ......e privilege or the right of one individual or two. It is revealed in easy and understandable language so that all Muslims if they try may be able to understand and act upon it. It is thus a privilege granted to every Muslim which cannot be taken away from him by anybody however highly placed or lear..

Category: Family Law | Date: | Hits: 528

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......r recording that Rule has become infructuous, it is stated by respondent No. 3 that the direction so issued in terms of the Rule by this Court is not tenable as it would interfere with the functions, powers, privilege and jurisdiction of the Parliament. It is further stated that "if the prayer made ......…………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment December 11, 1994. Result: The writ of quo warranto is allowed. Cases Referred to- Bradlaugh Vs. Goasett, 12 QBD 273; Fazlul Kader Chowdhury Vs...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..

Category: Constitutional Law | Date: | Hits: 344

Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)

.... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405.......n for nomination of the members was denied by affidavit-in-opposition giving rise to a disputed question of fact. Where a disputed question of fact arises the High Court Division shall not invoke its power conferred by Article 102 of the Constitution. Effective alternative remedy is also a ground fo...... Petitioner. Shafique Ahmed, Advocate - For the Respondents. Writ Petition No. 864 of 1997. Judgment AM Mahmudur Rahman J. - The petitioner obtained this Rule calling upon the respondents to show cause as to why resolution dated 12-11-96 constituting Selection Boards for recommending app...... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405...

Category: Employment/Service Law | Date: | Hits: 228

Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)

....hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......to non-joinder of necessary parties and an application was filed for amendment of the Election petition under the provision of the Code of Civil Procedure. The Indian Supreme Court has held that such power of amendment is not available to the Election Tribunal and the petition was rightly dismissed ......ate Md. Abdul Hamid……………Petitioner Vs. Md. Fazlur Rahman………………Opposite Party Judgment November 19, 1997. Result: The application is rejected. Cases Referred to- Mohan Raj Vs. Surendra Kumar Taparia and Others, AIR 1969 (SC) 677; Udhay Singh Vs. Madhav Ra......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ..

Category: Election Law | Date: | Hits: 247

Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......rs, was whether there is any ground for saying that the Home Secretary did not observe the precepts of natural justice. Lord Denning MR agreed that (Page-170 CD):— "Where a public officer has power to deprive a person of his liberty or his property, the general principle is that it is not to...... Vs. Jahangir Alam & others………………….....Respondents (In Civil Appeal No. 44 of 2010) Judgment February 2, 2011. Result: The appeals are dismissed. Cases Referred to- Schmidt Vs. Secretary of State for Home Affairs (1969) 2 Ch 149; O'Reilly Vs. Mackman (1983)2......ll the Rule, were made absolute. 11. Being aggrieved the writ-respondents filed civil petitions for leave to appeal in respect of the Judgment and Order passed in all the writ petitions. Leave was granted to consider the submissions raised on behalf of the writ-respondents that the work-charged e..

Category: Employment/Service Law | Date: | Hits: 208

Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)

....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......issed. Lawyers Involved: Qumrul Islam Siddique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. None represented—For Respondents. Civil Petition for Leave to Appeal No.1810 of 2009. (From the judgment and decree dated the 22nd day of June, 2009 passed ......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ..

Category: Property Law | Date: | Hits: 105

Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)

....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......ave remanded back the suit to the trial Court for decision on merit and the lower appellate Court erred in deciding the suit on merit is untenable in that the Court of appeal is clothed with the same power as that of the Court of first instance. The Court of appeal is quite competent to decide an ap......No.1. Defendant No.1 and plaintiff No.2 were issueless. The plaintiff No.1 was taken as a foster son by the plaintiff No.2 and defendant No.1 and he was married by them, the plaintiff No.1 was living together in the same house with his foster parent. Plaintiff No.2 Sultan Ahmed due to his illness lo......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ..

Category: Property Law | Date: | Hits: 86

One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91.......the Companies Act, 1994 lays down mandatory provisions regarding transfer of shares and sub-section (7) of section 38 of that Act provides that nothing in this section of that Act shall prejudice any power of the company under its Articles to refuse the transfer of any share. Ultimately, the petitio......ank Ltd.......................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment May 28, 2009. Result: The Rule is discharged. Cases Referred to- Ghulam Zamin Vs. AB Khondkar, 16 DLR 486. Lawyers Involved: Syed Mahmudul Ahsan, Advoca...... 2. The facts leading to the issuance of the Rule Nisi, in brief, are: The petitioner is a public limited company by shares and registered under the Companies Act, 1994. The petitioner-company was granted the certificate for commencement of business by the Registrar of Joint Stock Companies and a..

Category: Business or Commercial Law | Date: | Hits: 237

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