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Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....ursuance of the requisition of the Pourashava under Ordinance XXVI of 1970 (Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 took the action which confers powers upon the authority for recovering the possession of Government and Local Authority and ev......others…………………Appellants Vs. Abdul Latif & others………………………Respondents Judgment February 9, 1983. Result: The appeal is allowed. Cases Referred to- Hasan Ali Vs. Dara Shah, AIR 1936 Nagpur 282; Moazame Shaikh Vs. Annada Prasad, 46 C.W. No.36......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......rred to the defendant No.4 with effect from 11.3.72 and the Pourashava requested the plaintiff to clear up the arrear dues within 30 days and to attorn the defendant No.4 as landlord. Thereafter in a meeting of the tenants of the Pourashava, it was decided that the arrear rents could be paid by the ..Category: Property Law | Date: | Hits: 99
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....are taken and accepted as true do not constitute any offence and therefore further continuation of the case is a sheer abuse of the process of the Court, to prevent which is exercising the inherent power of this Court under section 561A of the Code of Criminal Procedure the case should be quashed.......M Fazlur Rahman J ANM Bashirullah J Nasiruddin Ahmed Pintu (Md.)…………………………..Accused-Petitioner Vs. State………………………….Opposite Party Judgment October 28, 2010. Result: The Rule is discharged. Cases Referred to- RS Nayak Vs. AR Autul......723 of 2008. Judgment AKM Fazlur Rahman J.- On an application under section 561A of the Code of Criminal Procedure filed by accused-petitioner Md. Nasiruddin Ahmed Pintu, this Rule was issued calling upon the opposite party-State to show cause as to why the proceedings of Special Case No.15 ......e case and after investigation submitted charge sheet against the petitioner and two other accused persons namely, (1) Md. Shahinuzzaman Titu and (2) Upendra Mohan Basak, on the accusation, that in a meeting of the managing committee of Baitul Mamur Jame Mosque at holding No.108/1/A, Bhagalpur Lane ..Category: Criminal Law | Date: | Hits: 230
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....eport's being substance the same, registering the first information report in the instant case and submission of a charge sheet while earlier cases are under investigation is unlawful. The sweeping power of investigation does not warrant subjecting a citizen each time to a separate investigation......ossain and others.......................Accused Petitioners Vs. State......................Opposite Party Judgment May 25, 2010. Result: The rule is made absolute. Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs. State, 2 BCR 292, (Para-II); 6 ......ment Md. Shamsul Huda J.- This rule was issued on an application under section 561A of Code of Criminal Procedure being preferred by the accused petitioners namely, Dr. Kamal Hossain and 11 others calling upon the Deputy Commissioner, Dhaka to show cause as to why the proceedings as contained in ......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......For the Petitioner. B Hossain, Advocate - For the Respondents. Writ Petition No.760 of 1995. Judgment Syed JR Mudassir Husain J. - This Rule Nishi was issued calling upon the respondents to show cause as to why the impugned order dated 1-4-1995 as contained in Annexure-I to the petition......l Baset Majumder, Advocate - For the Petitioner. B Hossain, Advocate - For the Respondents. Writ Petition No.760 of 1995. Judgment Syed JR Mudassir Husain J. - This Rule Nishi was issued calling upon the respondents to show cause as to why the impugned order dated 1-4-1995 as contained ......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390...Category: Employment/Service Law | Date: | Hits: 184
....en stated therein that in pursuance of a notice in any form issued thereunder at any time before 30th October, 1988 the Government may take over possession of any abandoned property or building. This power of issuing this type of notice in any form gives arbitrary power to the Government and hence i......
The Rule in Writ Petition No.4893 of 1996 is discharged.
The Rule in Writ Petition No.79 of 1997 is discharged.
The Rule in Writ Petition No.1472 of 1996 is made absolute.
Cases Referred to-
Government of Bangladesh Vs. Dr. Nurul Islam, 33 DLR (AD) 201; Jibendra Kishore Acharyya Chow......96, 79 of 1997 and 1472 of 1996 are taken up together for disposal since in all the cases vires of the Ordinance No.54/85 has been challenged.
2. In all these writ petitions Rules Nisi were issued calling upon the respondents to show cause as to why the sub-section (2) of section 5 of the Abandon....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
..
Category: Property Law | Date: | Hits: 150
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....nment has withdrawn the case in respect of the said two accused persons, vide Memo No.3497(2) Judl. dated 10.12.80. The complainant Mahmuda Begum opposed the prayer. One Hemayet Hossain appeared by a power and filed an affidavit against the withdrawal petition filed by the learned Public Prosecutor.......iur Rahman Motiur Rahman @ Motiur Rahman...................Appellant Vs. State...................Respondent Judgment May 8, 1983. Result: The appeal is dismissed. Cases Referred to- Bakshu Mea Vs. Bangladesh, 30 DLR (AD) 228; Sikandar Ali Vs. State, 31 DLR (AD) 134. Lawye......e materials constituting the basis of the ground. It has consistently been held by the superior Courts in the sub-continent that consent mentioned in section 494 Cr.P.C. is not to be given mechanically. The Court is to exercise its function judicially before giving such consent which implies tha......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329...Category: Criminal Law | Date: | Hits: 82
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
....t invent jurisdiction or confer a jurisdiction which is not given expressly. The learned Single Judge missed this very point that revisional jurisdiction under section 25 S.C.C. Act does not confer power of revision of an order under section 28A. It must be remembered that the Small Cause Courts...... Khalek Mia……………………Appellant Vs. Maya Debi & others……………………Respondents Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 1......dge was set aside. 4. When the District Judge noticed some peculiar features of the case and complicated question of title in view of the settlement in the vested property Case No.6 it precisely called for judicial scrutiny whether such question could be decided in a S.C.C. Suit. 5. Section ...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....uires determination on evidence and hence outside the scope of Order 8, rule 6(1) of the Code of Civil Procedure. It is also submitted that the impugned judgment and order is a colourable exercise of power of the respondent No. 6 conferred by the said Act and having not been made in accordance with ......………..Petitioner Vs. Sultana Jute Mills Limited and others…………………….Respondents Judgment December 1, 1993. Result: The Rule is made absolute. Cases Referred to- Ruhul Amin Vs. District Judge, 38 DLR (AD) 172; Begum Lutfunnessa Vs. the People's Republic o......‑Reza, Advocates ‑ For the Respondent Nos. 1‑5. Writ Petition No. 1070 of 1992. Judgment Habibur Rahman Khan J. - At the instance of the petitioner Agrani Bank, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and order dated 19.2.92 p......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ght of exemption which the petitioners are entitled in accordance with law, as such, the same are illegal and without lawful authority. It is further argued by the learned Advocate that delegation of power under section 3(4) or the Act to the Board to levy duty and to vary the levy which is an essen......5 of 1989) Vs. Bangladesh and others .............................Respondents (In all writ petitions) Judgment August 2, 1994. Result: The Rules are made absolute. Cases Referred to- Zaibtun Textile Mills Ltd. Karachi and others Vs. Central Board of Revenue and others, PLD 19......er period as may be available. (iii) Category-wise annual production of comparable units for the same period. (iv) Production capacity of an individual unit calculated on the basis of the technically possible maximum production potential of the plant and machinery installed in the unit, if it ......from the Ministry of Finance being the Chairman: Provided that when, for any reason, either or both of the officers from the Ministry of Commerce and Ministry of Industries are not available for a meeting of the Review Board for the purpose of sub‑section (5), the Central Government may nominat..Category: Fiscal/Taxation Law | Date: | Hits: 199
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....ient cause order stay of execution of such decree. The expression "stay of proceedings" does not mean stay of proceedings in the Court itself. Order 41 rule 5 of the Code gives an appellate Court the power to order stay of proceedings under any decree or order from which an appeal has been filed. Wh......…Petitioner Vs. Executive Engineer, Facilities Department, and others………………Opposite Parties Judgment March 13, 1997. Result: The Rule is discharged. Cases Referred to- 38 DLR (AD) 70; 40 DLR 496; 44 DLR (AD) 144; 31 DLR (AD) 319; 35 DLR 25; AIR 1933 (Bom) 118; ......clusive possession and in which he has an inalienable right. Mr. Ruhul Amin finally submits that the petitioner has fundamental right to hold a property which cannot be trampled or sacrificey by so‑called theory of development work at the cost of the petitioner. In support of his submissions he re......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....in Adalat Ain provides that in giving instalments to the judgment-debtor exceeding one year the Court is to obtain consent of the decree-holder. Thus it is clear that the Artha Rin Adalat has limited power in giving instalments to the judgment-debtor to satisfy the decree. Thus if we read sections 5...... Belayet Hossain…………………Petitioner Vs. Bank Indosuez…………………Opposite Party Judgment January 19, 1998. Result: The Rule is discharged. Cases Referred to- Sultana Jute Mills Ltd. and ors Vs. Agrani Bank and others, 14 BLD (AD) (1994) 195; 46 DLR (A......oner. Rafique-ul-Huq with Shorful Islam Khan and Miss Nowazish Ara Begum, Advocates - For the Opposite Party. Civil Revision No.117 of 1995. Judgment MM Ruhul Amin J. This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 4-9-94 passed by th......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....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......sing jurisdiction under the Small Causes Courts Act, 1887 has jurisdiction to entertain an application for review under section 114 read with rule I of Order 47 of the Civil Procedure Code (for short called “the Code”). 8. Now it is well settled that tie power to review is not an inherent pow......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)
....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......is shaken in the administration of justice...and whenever men's allegiance to the law is fundamentally shaken, it is the most fatal and most dangerous of obstructions of justice and, in my opinion, calls out for a more rapid and immediate redress than any obstruction whatsoever, not for the sake o......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...Category: Criminal Law | Date: | Hits: 116
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....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......g the finding of fact the learned Single Judge has taken pains to consider all relevant witnesses, and other evidence on record. His findings of fact have been set out earlier, and no repetition is called for. Though a grievance was made about the misreading of the evidence at the time he leave wa......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. ..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.......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......r will be an abuse of the process of the court. No one, however appeared before the High Court Division in support of the rule and the High Court Division recorded the order that no interference is called for as the learned Judge were satisfied "a prima facie case had been made out against the acc......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...Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....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......ion of the People’s Republic of Bangladesh. Judgment AHM Shamsuddin Choudhury J. - The Rule was under adjudication, issued on 4th May 2010, was in following terms; “Let a Rule be issued, calling upon the respondents to show cause as to why the impugned decision, dated 14.02.2010, of the......ordination of sports activities in Bangladesh. 8. The 4th elected executive committee of respondent No. 1, in violation of the terms incorporated in the lease agreement, took a decision in its 4th meeting, held on 01.04.2009, that it would demise on lease part of the property i.e. ground and the ..Category: Property Law | Date: | Hits: 159
....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......ution of the People’s Republic of Bangladesh.
Judgment
AHM Shamsuddin Choudhury J. - The Rule under adjudication, issued on 6th April, 2008 was in following terms:
“Let a Rule Nisi issue calling upon the Respondents to show cause as to why the impugned action of the respondents dated 3.......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:
..
Category: Civil Law | Date: | Hits: 218
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... 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......izanur Rahman, Advocate with Mostafa Zaman Islam, Deputy Attorney-General - For the Respondent No.1, 2, and 3. Writ Petition No. 3836 of 2010. Judgment Sheikh Hassan Arif J.- Rule was issued calling upon the respondent to show cause as to why their refusal/denial to mutate the property situ...... 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
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....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...... 7-7-2008 on an application under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner Sheikh Hasina Wazed alias Sheikh Hasina, former Prime Minister of Bangladesh calling upon the opposite party to show cause as to why the proceeding of Special Case No.1 of 2008 ......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. ..Category: Criminal Law | Date: | Hits: 156
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....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......ircumstances. 3. This Rule in the present writ petition (Writ Petition No.4112 of 1999) was obtained by the petitioner on 25‑1‑2000 as under: "Let a Rule Nisi be issued upon the respondents calling upon them to show cause as to why the impugned Constitution (Thirteenth Amendment) Act, 1996......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. ..Category: Constitutional Law | Date: | Hits: 215
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