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Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....judgment. Let a copy of this Judgment be immediateÂly transmitted to each of the respondents for inforÂmation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......judgment. Let a copy of this Judgment be immediateÂly transmitted to each of the respondents for inforÂmation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......€¦Respondents Judgment February 22, 2010. Result: The Rule is made absolute. Lawyers Involved: ABM Waliur Rahman Khan, Advocate—For the Petitioner. Korunamoy Chakma, Deputy Attorney-General—For the Respondent No. 3. Writ Petition No.5253 of 2009. Judgment Moyeenul......Civil Petition for Leave to Appeal No.630 of 2006 before the Appellate Division and the Appellate Division stayed the operation of the judgÂment of the High Court Division dated 30-4-2006. Leave was granted in Civil Petition for Leave to Appeal No.630 of 2006 and thereafter Civil Appeal No.85 of 20..Category: Property Law | Date: | Hits: 66
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......ges and Assistant Judges. 5. The Judicial Service is not 'service' in the sense of employment. The Judges are not employees. As members of the Judiciary, they exercise the sovereign Judicial power similarly as the members of the Cabinet exercise the executive power and the members of the Le......nbsp; Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......s case as to the standing of a person aggrieved, namely, (1) the High Court Division does not suffer from any lack of jurisdiction under Article 102 to hear a person; (2) the High Court Division will grant locus standi to a person who agitates a question affecting a constitutional issue of grave imp..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ...... of liberation) freedom fighters, their dependants and dependants of the Martyrs of the War of Liberation and to provide assistance for their livelihood and rehabilitation. 3. In exercise of power under PO No.94 of 1972 the Board of Trustees in charge with the management of the trust, promu...... Judgment July 15, 2009. Result: The Rule is made absolute. Privilege once given cannot be taken away without due process of law and if there is any plan to stop the privilege, the beneficiaries must be served with notice or given opportunities to show c......on War of 1971 and thereafter, the respondents being satisfied started to give the State Honorarium benefit to the petitioners and the petitioners had been receiving their honorarium from the date of granting honorarium of the respective date. All on a sudden, in the middle part of 2003, the respond..Category: Others | Date: | Hits: 149
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the maÂjority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......issioner was not mainÂtainable under Article 98 of the Constitution, 1962. 5. Under section 22 of the Municipal Administration Ordinance 1960 that MuniciÂpal Committee exercise all the executive powers. Section 23(6) provides that all decisions of the Municipal Committee shall be reported to th...... Company……………………Appellant Vs. Dacca Poura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 ......and performed his function as quasi-judicial body. Any persons aggrieved by the decision of the Appellate Authority was competent to move the High Court under the Writ JurisÂdiction. 4. Leave was granted to consider the following questions; (1) Whether the High Court was correct in holding that ..Category: Fiscal/Taxation Law | Date: | Hits: 156
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accorÂdance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accorÂdance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......r Rahman (Minor) and others............................................Respondents Order February 27, 2012. Result: Leave is granted. Lawyers Involved: Abdus Salam Mondal, Deputy Attorney General, instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Ferozur Ra......¦.Petitioner Vs. Abdul Majid being dead his heirs:Mizanur Rahman (Minor) and others............................................Respondents Order February 27, 2012. Result: Leave is granted. Lawyers Involved: Abdus Salam Mondal, Deputy Attorney General, instructed by Mr. B. H..Category: Property Law | Date: | Hits: 93
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......ature of special law is that it does not applies generally but to a particular or specified subÂject or a class of subject. 11. Under section 109 of Bankruptcy Act, the learned District Judge has power to transfer and withdraw any proceeding pending in subordinate Court to himself or to any subo......¦â€¦.........Petitioner Vs. Eknabin & Co. and others ..............................Opposite-Parties Judgment August 12, 2010. Result: The Rule is made absolute Cases Referred to- BHBFC Vs. Shahid Sarwar Abu Hossain, 9 BLT 289=6 BLC 751; BHBFC Vs. Jahanara Begum, 16 BLD (......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ..Category: Procedural Law | Date: | Hits: 126
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......n Commission Vs. ATM Najamullah Chowdhury reported in 62 DLR (AD) 225. Referring to the case of Habibur Rahman Mollah Vs. State reported in 62 DLR (AD) 233, the learned Advocate submits that inherent power of the High Court Division under section 561A of the Code of Criminal Procedure can only be ex......…………….Petitioner Vs. State and another……………………………….Opposite-Parties Judgment September 30, 2010. Result: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Nargis Begum, 62 DLR (AD) 279; Salam Shahadat Vs. State, 14 BL......er order passed as this Court may deem fit and proper. 2. At the time of issuance of the Rule, all furÂther proceedings of the above mentioned Case was stayed and the accused-petitioner was also granted ad-interim bail. 3. The relevant facts for disposal of the Rules are that the petitioner ..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (BangÂladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......ke over possession cannot be questioned. Learned Counsel for the Government has further contended that havÂing regard to the provisions of President's Order No.16 of 1972, the Government was fully empowered under the provisions of the said Presidential Order to take over possessÂion and management......¦â€¦â€¦Respondent Judgment August 19, 1977. Result: The appeal is allowed. Lawyers Involved: Abdur Rab-II, Advocate-on-record - For the Appellant. Sultan, Hossain Khan, Deputy Attorney GeÂneral, with B.C. Roy Chowdhury, Assistant Attorney General, Instructed by B.C. Panday, Ad......t the present possession of the appellant, that the constituÂtional remedy was not available to enforce an equitable right or a right created under a contract. 5. Special Leave to appeal has been granted to consider the question whether the proÂperty belonging to a Pakistani Company which is in..Category: Property Law | Date: | Hits: 79
....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......les, Part 1, which says that leave cannot be claimed as of right. When the exigencies of public services so require, discretion to refuse or revoke leave of any description is reserved to authority empowered to grant it (F.R. 67; S.R. 151). [The appellant was granted leave on 36.1.73. The contention......ed.
Lawyers Involved:
Syed Ishtiaq Ahmed, Senior Advocate, Mahmudul Islam Advocate with him instructed by Abu Backkar Advocate-on-Record - For the Appellant.
Abdul Wadud Bhuiyan, Assistant Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - For the Respondent.
Civil Appeal N...... to furnish property statement of the last five years of his own and of his family, "in connection with an enquiry." The appellant submitted his statement. On 30.1.73, Respondent No.2 passed an order granting him leave preÂparatory to retirement for six months and permitting the appellant to retire..
Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Biman CorpoÂration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ...... law of master and servant will come into play at all. The employees of the PIA were governed by the Pakistan International Airlines CorporaÂtion Act and rules have been framed under the rule-making power under the Act. After the liberation of the country the Air BanglaÂdesh International (Tempora......sion in Writ Petition No.479 and 538 of 1978 declaring that the termination of the services of the Respondents have been made without lawful authority and are of no legal effect. Leave was granted to consider following points amongst others:— (1) Whether the PIA Service Rules come into play ......urt Division in Writ Petition No.479 and 538 of 1978 declaring that the termination of the services of the Respondents have been made without lawful authority and are of no legal effect. Leave was granted to consider following points amongst others:— (1) Whether the PIA Service Rules come in..Category: Employment/Service Law | Date: | Hits: 123
....ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
......t completely take away the right of authority to acquire property under the parÂent Act. He refers to sections 40 and 79 of the Act, which by reference to the Land Acquisition Act, 1894, retains the power for acquiring land compulsorily for the requirement of the Board, namely DIT, now RAJUK. He fu...........Petitioners
Vs.
Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others............Respondents
Judgment
September 8, 2010.
Result:
The rules are discharge.
Cases Referred to-
Bangladesh Sangbadpatra Parishad (BSP) Vs. Bangladesh, 43 DLR (AD) 126; Bangladesh Vs. Nawab ......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
..
Category: Property Law | Date: | Hits: 106
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......: Salma Masud Chowdhury J Md. Rezaul Hasan J Kartick Chandra Mandal & others............................Petitioner Vs. The State.....................Opposite party Judgment October 6, 2010. Result: The rule is discharged. Cases Referred to- Kohinoor Chemical Co.......7.2008 against the accused under section 4 and 5 of the Ain. Thereafter, all the four accused-petitioners voluntarily surrendered before the learned Speedy Trial Court (Adalat), Khulna, and the Court granted bail only to the accused Anukul Mandal and rejected the bail petition of three other accused..Category: Criminal Law | Date: | Hits: 143
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......directed the Government to restore possession of the suit property to the defendant by 28th June, 2001 with a direction to file an affidavit-incompliance to that effect. In the meantime RAJUK being empowered by the Government issued an auction notice being No.14/2000-2001 published in the daily Inde......Division (Civil) Present: Md. Delwar Hossain J A K Azad................................Petitioner Vs. Fakruddin and another.......................Opposite parties Judgment October 15, 2009. Result: The Rule is discharged. Cases Referred to- Kumudini Welfare Trus......assed by the District Judge, Dhaka in Civil Revision No.4 of 2008.) Judgment Md. Delwar Hossain J.- This Rule was issued on an application under Section 115(4) of the Code of Civil Procedure on granting leave calling upon the opposite parties to show cause as to why the Judgment and order date..Category: Property Law | Date: | Hits: 85
....itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......titioner
Vs.
Government of the People's Republic of Bangladesh and others.................Opposite parties
Judgment
July 27, 2010.
Result:
The rule is discharged.
Cases Referred to-
Sheikh Salimuddin Vs. Ataur Rahman, 43 DLR 18; Ajufannessa Vs. Safar Miah, 30 DLR (SC) 41.
......f files receipt in support of his case of settlement of the disputed land Burden of proof is on him to prove the genuineness of the rent receipt.
Now, presumption that rent receipt purported to be granted by landlord is a genuine one and that its contents are true-Onus is on the person who files ..
Category: Property Law | Date: | Hits: 82
Shamsu Miah Vs. State, 2011, 40 CLC (HCD)
....ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ......he State ....................... Respondent Judgment April 19, 2011. Result: The appeal is allowed. Lawyers Involved: No one appears - for the appellant. Promila Biswas, Deputy Attorney General - for the respondent. Criminal Appeal No.1248 of 1996 Judgment Md. Ruhul Qud......regnancy as she took anti-helminthic drug. The aforesaid Harun Chairman along with two others namely, Abu Sayed and Hossain had taken her signature on the pretext of filing an application to CARE for grant of relief in her favour, using which they initiated the present case. She herself did not file..Category: Criminal Law | Date: | Hits: 87
....d of the High Court Division, be communicatÂed to the Chief Judicial Magistrate, Sunamganj for taking action as per direcÂtion made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
......d of the High Court Division, be communicatÂed to the Chief Judicial Magistrate, Sunamganj for taking action as per direcÂtion made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
................Petitioner
Vs.
Government of Bangladesh and others...............................................Respondents
Judgment
March 30, 2011.
Result:
The Civil Petition for Leave to Appeal is dismissed.
Lawyers Involved:
Rafique-ul Huq, Senior advocate instructÂed by Md. ......caÂtion for lease of the fishery for 10 years under the development scheme as per existing guidelines. The authority after considering the petitioner's application for lease under development scheme granted lease initially for a period of 5 years and the said lease has been concluded by payÂment o..
Category: Property Law | Date: | Hits: 90
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......onal Artha Rin Adalat No.1, Dhaka against the plaintiff (hereinafter called as "the opposite party No.1") is illegal, irregular, collusive and not binding upon him and also declaring that irrevocable power of attorney, memorandum of deposit of title deeds as set forth in the schedule "Kha" in connec...... Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties Judgment July 8, 2010. Result: The Rule is hereby made absolute. Cases Referred to- BSRS Vs. Rahman Textile Mills Ltd., 51 DLR (AD) 221; Manir Ahmed Khan Vs. Bazlu Mia (MA), 8 B......on occasioning failure of justice. In any event this is not a case in which the Court of Joint District Judge or the Court of District Judge established under the Civil Court Acts has jurisdiction to grant the relief asked for by the plaintiff. 23. Mr. Ziaul Haque, the learned Advocate at the far..Category: Civil Law | Date: | Hits: 141
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ......dated 16.3.87 came to the finding that with the coming into force of the Family Courts Ordinance, 1985 (Ordinance No. XVIII of 1985) with effect from 15th June, 1985. Magistrates were divested of the powers under section 488 CrPC to pass any order for maintenance as because the jurisdiction to enter...... Meher Negar……………………Petitioner Vs. Mojibur Rahman………………Opposite Party Judgment September 5, 1994. Result: The Rule is made absolute. Cases Referred to- Civil Revision No. 870 of 1991, (unreported decision); Abdul Khaleque (Md) Vs. Selina Begum a......because the jurisdiction to entertain and dispose of a prayer for maintenance vested exclusively in the Family Court constituted under the Ordinance and, as such, the impugned order of the Magistrate granting maintenance to the wife and son under section 488 Cr.P.C. being passed after coming into fo..Category: Family Law | Date: | Hits: 215
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......he detenu a representation was made by the petitioner which is on record. 8. In the instant case it would be absolutely clear that the detention of the detenu is a colourable exercise of statutory power and many of the grounds appearing in Annexure‑'E' appear to be vague, indefinite and unspeci......………Respondents Judgment November 30, 1994. Result: The Rule is made absolute. Lawyers Involved: Rokonuddin Mahmud, Advocate ‑ For the Petitioner. M Shamsul Alam, Deputy Attorney General - For the Respondents. Writ Petition No. 1898 of 1994. Judgment Mohammad Asa...... recognising his stay in Bangladesh as an Investor and accordingly, recommended him to the Immigration Authorities for a multiple visa; that on 17.9.91 the Bangladesh Export Processing Zone Authority granted the detenu permission to set up a knitwear manufacturing unit in the Chittagong Export Zone ..Category: Criminal Law | Date: | Hits: 200
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......rt are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential that they should be made to serve and be subordinate to that purpose, so that full powers of amendment must be enjoyed and should always be liberally exercised, but nonetheless no pow......€¦â€¦â€¦â€¦Petitioner Vs. Fouzia Chowdhury and others…………………………………Opposite Parties Judgment June 5, 1994. Result: The Rule is discharged. Cases Referred to- Charan Das Vs. Amir Khan, AIR 1921 (PC) 50; Radha Krishna Vs. Dwarka Das, 36 DLR (AD) 253; Ka......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...Category: Property Law | Date: | Hits: 151
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