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Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......ted an illegality by entertaining the same. The learned Advocate further submits that there was no decision on a reference from the Court of Small Causes and, as such, the learned SCC Judge exercised power and jurisdiction not vested in him by law. 6. Mr. Bakhtiar Hossain, the learned Advocate ap...... Nath Mondal and others……………Petitioners Vs. Motia Begum and others……………Opposite-Parties Judgment June 29, 1997. Result: The Rule is discharged. Case Referred to- ILR 5 Cal 699. Lawyers Involved: Md. Fazlul Karim, Advocate - For the Petitioner. Ba......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429...Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......Facts of the case as stated in the judgment are quite adequate to understand the issues involved. 3. To commit someone for contempt of Court and punish him for it, if found guilty, is the inherent power of a Court of record. The Supreme Court of Bangladesh is such a Court. The power is, no doubt,......t Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Moazzem Hossain, Deputy Attorney-General………………………Appellant Vs. State…………………….Responde......thereafter for 15 days more, e.g. 25th March, 1983. The Court was closed from 18th to 26th February, 1983. So his absence on 28th February is for understandable reason and whether his leave will be granted or not is for the appointing authority, namely Government. But it is not understood why the ..Category: Criminal Law | Date: | Hits: 116
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......nient to deal with them together. The first and third questions are dependent on the answer to the second question. 7. The findings of the learned Single Judge have been set out above. As to the power of the High Court, in exercising its jurisdiction under section 100 of the Civil Procedure Cod......: Khandakher Mahbubuddin Ahmed, Advocate instructed by Abu Backkar, Advocate-on-Record-For the Appellant, Abdul Aziz, Advocate-on-Record-For the Respondent No.1. Ex-parte—Respondent Nos. 2 to 6. Civil Appeal No.11 of 1976. (From the Judgment of the High Court in Second Appeal No.99......nt and without consideration was to be preferred to that of the first Court of appeal. It was also held with reference to the evidence of D.W.2 that the suit was barred by limitation. 6. Leave was granted to consider the three questions as follows:— (1) the High Court in second appeal exceed..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......Sana………………………………Appellant Vs. The State……………………………Respondent Judgment April 6, 1983. Result: The appeal is dismissed. Case Referred to- Rumball Vs. Schmidt, (1882) 2 QBD 603. Lawyers Involved: Moinul Hosein and Md. Joynal A...... decision of Badrul Haider Chowdhury, J. Badrul Haider Chowdhury, J.- I regret that I could not subscribe to the views expressed in the judgment of my brother Shahabuddin Ahmed, J. 2. Leave was granted to consider the question whether there was any criminality in the action of taking advance..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......n, averred that the contract under challenge is not a statutory one, nor is it a sovereign act. This lease agreement has not been executed by National Shooting Federation in exercise of any statutory power. 29. That on obtaining lease from the respondent no.1, it invested Tk.7 crore for decoratin......Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respondents. Judgment December 12, 2010. Result: The Rule is made absolute. Cases Referred to- Shahabuddin (Md) Vs. Secretary, Ministry of youth and Sports and others, 45 DLR 360; R Vs. Ti......UK, the respondent no. 4, on 01.09.2009, seeking permission to use the premises of the National Shooting Federation on commercial use and the said respondent replied to say that there was no scope to grant such permission in violation of clause 1 of the RAJUK’s registered lease agreement with the ..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......elter home concerned could not be closed down. The Court of Appeal relied on the test which is whether to frustrate a substantive legitimate expectation would be so unfair as to amount to an abuse of power. The House of Lords endorsed the ex-parte Coughan principle in a number of cases, inclusive of......tion, Represented by the Mayor, Nagor Bhaban, Dhaka and others …………………… Respondents.
Judgment
August 21, 2011.
Result:
The Rule is made absolute in part.
Cases Referred to-
Central London Properties Trust Vs. High Trees House Ltd (1947 K B 130); Combe Vs. Combe (195...... in an Act of Parliament. The same view was also echoed by the Court of Appeal in R(Bloggs 61) Vs. Secretary of State for Home Department (2003 1 WLR 2724), where the Court of Appeal came out against granting legitimacy to an expectation as that would have required the authority concerned to act in ..
Category: Civil Law | Date: | Hits: 218
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ...... Clause-4 of the said Sale Deed, the Government recognized her peaceful possession in the said property. 10. Therefore, since Articles 4 and 5(2)(e) & (i) of PO 16 of 1972 have conferred ample power on the Government to dispose of the abandoned property in any manner including "transfer by ......Petitioner Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others……………………Respondents Judgment December 8, 2010. Result: The Rule is made absolute. Cases Referred to- CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Mrs. Amena Khatun Vs. Chairman, Court of St...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......r Vs. Belayet Ali Sheikh and others………………………Defendants-Respondents-Opposite Parties Judgment August 23, 2009. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. Muhammad Hossain Mia, 16 DLR (SC) 667; Khorshed Alam alias Shah......Tenancy Act. Thereafter, one Shudanya alias Shudhansu filed Title suit No.137 of 1956 for setting aside the aforesaid auction but the same was dismissed. Kartik Chandra Biswas the auction purchaser granted patta in favour of Belayet Ali Sheikh and Earuddin of 1.13 acres of land in 1362 B.S. i.e...Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......nformation Report (FIR) on 2-9-2007 implicating 7 accused persons including the accused petitioner alleging inter alia that the accused petitioner in connivance with another by abusing her official power approved the Private Sector Generation Policy on 14-10-1996 and consequently the Power Develop......………………Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13, 2010. Result: The rule is made absolute. Cases Referred to- AKM Rafiqul Islam Vs. State, 17 BLD 198; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Ba......egal interference to negotiate with the first, second and third lowest bidders without executing the contract for setting up Barge Mounted Power Plants with the said organization with the object of granting work to their desired bidders and obtaining the said gains they created a scheme and made d..Category: Criminal Law | Date: | Hits: 156
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......e Daily Sangbad on 7.10.2010 and subsequent auctioning of the property in pursuance thereof, and also seeking direction upon Standard Bank Ltd., a private bank operating under the Bank Companies Act, to allow him to keep possession of his property on payment of the highest amount as quoted in the au......m the Chittagong Development Authority by way of a lease agreement dated 4.2.2006. He, as a third party, mortgaged the said property in favour of Standard Bank Ltd. (respondent No.2) to secure a loan granted to his brother Nurun Nabi Bhuiyan (herein respondent No.4). As the said Nurul Amin Bhuiyan f..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......solidate and institutionalise the democracy in Bangladesh. Concept of a neutral caretaker government as desired by the people is a government which will be solely‑and exclusively committed to the empowerment of the electorates free from fear and pressure of the muscle and money power so that they ......nted by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh........................Respondents Judgment August 4, 2004. Cases Referred to- Syed Md. Mashiur Rahman Vs. President of Bangladesh, 1997 BLD 55; KM Rahman Vs. Bangladesh, 2......ring appeal before the Appellate Division. We find that the present case involves a substantial question of law as to the interpretation of the Constitution. Certificate in this regard is accordingly granted. A copy of this judgment be sent to the office of the Prime Minister, Speaker of the Par..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ...... 13‑5‑2002 US$ 12080. 4. Artha Rin Adalat Ain, 2003 has authorised the bank for sale of the mortgaged property before filing any suit. The owners of the property executed power of attorney in favour of the bank with power to sell the property. In the supplementary affida......For the Petitioner. Md. Mamunur Rashid, Advocate—For Respondent No. 4. Writ Petition No. 1709 of 2004. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why section 12 of the Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) should n......n Adalat Ain is not contrary to the provision of the Constitution. In the view there is no substance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..Category: Civil Law | Date: | Hits: 129
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......ial Powers Act, the provisions of the Code of Criminal Procedure in so far as they are not inconsistent with the provisions of the Special Tribunal has Acted within the jurisdiction in exercising the power provided under section 494 of the Code. Leave was granted to consider the question set out abo......................................Appellant Vs. Govt.of Bangladesh and others...................Respondent Judgment June 10, 1977. Result: The appeal is dismissed. Cases Referred to- State of Bihar Vs. Ram Naresh Pandey, AIR 1957 (SC) 389 Faqir Singh Vs. Emperor, AIR 1938 (PC......rocedure in so far as they are not inconsistent with the provisions of the Special Tribunal has Acted within the jurisdiction in exercising the power provided under section 494 of the Code. Leave was granted to consider the question set out above. The question set out about has two limbs. First i..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......ant Vs. M/s. GMG Corporation Ltd………………………Respondent Judgment September 16, 1982. Result: The appeal is allowed. Cases Referred To- 21 Cal 241; Secretary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1......which is the first loan to the respondent on execution of the mortgage of the respondent's properties to it. Since the question raised is of great public importance involving fiscal matter, leave was granted. 6. Certain facts are admitted: that the respondent took a loan from Bangladesh Shilpa Ri..Category: Fiscal/Taxation Law | Date: | Hits: 269
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......e the investigating officer (the respondent no 6 herein) on the progression of investigation process, (2) the Chairman of the Anti Corruption Commission, henceforth, the Commission, by himself had no power whatsoever to take any decision like the one that prompted the respondent no.5 to issue the im......rown Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr.L.R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calveley, 1986 Q.B. 424; ......o set the respondent no. 5 in motion to issue the impugned direction, the same is bound to be capsized by the doctrine coram non-judice. 16. On the question of the High Court Division’s power to grant relief beyond the strict terms of the Rule, Mr. Huq by referring to the book titled the Consti..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......বাভাবিক দৈনন্দিন কাজ কর্মের ব্যাঘাত ঘটাইতে পারে৷ The above quoted law invests in Bangladesh Bank a supervisory power to make inspection and inquiry, if any financial institution is engaged in activities prejudic......ocate - for the petitioner. Md. Imam Hasan, Advocate - for the respondents. Writ Petition No. 3664 of 2008. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 29.1.2008 passed by Artha Rin A...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......onalised Industries Division of the Ministry of Industries which was published in the Bangladesh Gazette Extraordinary on 30-1-75, the aforesaid firm was placed under the appellant in exercise of the powers conferred by Clause 1 of Article 10 of the Industrial Enterprises (Nationalisation) Order N...... Appeal No.37 of 1976).
Vs.
Md. Masood Reza and others................Respondents (In both the Appeals)
Judgment
June 30, 1977.
Result:
The appeals are dismissed.
Cases Referred to-
Pakistan Vs. Md. Niayamat-ullah Faruki, (1969) 21 DLR, SC 238; (1975) 28 DLR 350; Robertson V...... be sorted out either mutually or by way of civil proceeding but that would not stand in the way of issuing the writ as has been prayed for".
10. Leave to appeal against the aforesaid decision was granted by this court on 2nd September, 1976 to consider the following:
1. Whether the order of r..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ...... Nur Banu…………………… Appellant Vs. Noor Mohammad and others………………Respondents Judgment February 3, 1983. Result: The appeal is dismissed. Cases Referred to- Jagadish Narian Vs. Nawab Said Ahmed Khan, (1945) 50 CWN PC 477; Kishori Mohun Roy Chowdhury ......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......urisdiction upon it "when it had none to exercise, on the basis of an application which was not competent". Dismissing the view that an illegal order court does not establish that the court exercised power without jurisdiction the learned Judge observed that the present case was one where the court ......urshed Ahmed………………… Appellant Vs. Md. Meher Ali and others………………… Respondents Judgment January 20, 1983. Result: The Appeal is allowed. Case Referred to- Binode Behari Shaha Vs. Nitya Gopal Shaha (1981) 33 DLR (AD) 130. Lawyers Involved: Kho......ected." 7. In interpreting the proviso to section 17(1) of the Act, the learned Judge observed as follows; 'In case of furnishing security the applicant must obtain a prior order from the court granting him permission to give security. This is a condition precedent to the granting of a fresh..Category: Procedural Law | Date: | Hits: 109
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ...... mentioned Mutwalli of the said Waqf Estate, his father Serajuddin Shaha died on 22.1.2002 and the writ petitioner as the nominated Mutwalli filed an application before the respondent No.2 annexing a power of attorney of the members of the family of his father for approval of his nomination as Mutwa......In all the petitions) Vs. Md. Nasiruddin Shah and others……………………………..Respondents Judgment November 6, 2004. Result: The petition is dismissed. Case Referred to- 35 DLR (AD) 108. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, (S.M. M......r of Waqf for which he moved the High Court Division wherein the rule was discharged; against which he moved the Appellate Division in Civil Petition for Leave to Appeal No.1175 of 1999 and leave was granted but during the pendency of the appeal, appeal abated. The writ petitioner was nominated by t..Category: Trust/Waqf Law | Date: | Hits: 148
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