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Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
.... 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......Md. Aminul Haque, Advocates—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 (A......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. ..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......cted and the Jail Appeal is dismissed with the modification. Lawyers Involved: Serajul Huq with Anisul Huq and Tawfika Karim, Advocates ‑ For the Condemned Prisoner. SA Hasan, Assistant Attorney‑General ‑ For the State. Death Reference No.38 of 1991 with Jail Appeal No.2197 of 199....... Kashem on that day which was probably on 23‑3-1990 and had conversation for 20 minutes sitting in Gulshan restaurant. After their conversation they came to T & T at Gulshan and made a trunk‑call to India. Thereafter they hired a baby‑taxi and hurriedly went to a narrow lane in between ho...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..Category: Criminal Law | Date: | Hits: 164
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....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......the Court of Special Tribunal, Sylhet, the Special Public Prosecutor filed a petition on 24.11.1976, praying for withdrawal of the case. The Special Tribunal allowed the prayer for withdrawal and recalled all processes. 3. Against this order of withdrawal, the appellant moved the High Court in ......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. ..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. ......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......vanced by way of loan, ah existing or future debt or the performance of an agreement which may give rise to pecuniary liabilities". And the instrument (if any) by which the transfer is effected is called a mortgage-deed. Art. 40 gives the description of the instrument namely mortgage-deed but e......rity is a security which is furnished in addition to a security already furnished; a collateral or auxiliary security is enforceable only when the primary security after being enforced falls short of meeting the obligation to repay the loan. There is no dispute that unless there is a primary princip..Category: Fiscal/Taxation Law | Date: | Hits: 269
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....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; ......est to Glanville: R Vs. Lowle 1759). 22. De Smith, Woolf (Lord Woolf, a Former Master of the Rolls) & Jowell in their book, ‘Principles of Judicial Review’ states, ‘Certiorari was historically linked with the King’s person as well as with the King’s Bench; it was of high importance ......a malafide action destroys all traces, that itself would justify our move to set aside the whole criminal prosecution. 10. By referring to that part of the FIR, where the informant stated that the meeting of the Execution Committee of the National Economic Council (ECNEC) was not attended by suff..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
....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......am 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 Adalat No.1, Chittagong in Artha Rin E...... 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
....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......ence of statutory corporation like the appellants need not be defined in view of a matter which is external to the corporation's jurisdiction.
47. A Statutory Corporation cannot claim any power to call in question the Government's power to place an industrial enterprise under the control and supe......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.
..
Category: Others | Date: | Hits: 154
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....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......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. ......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. ..Category: Procedural Law | Date: | Hits: 109
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... 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...... 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: ...... 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: ..Category: Trust/Waqf Law | Date: | Hits: 148
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....nged to one Binodi Lal Biswas a practicing Mukhtiar at Dinajpur and the plaintiffs acquired the same from the said Binodi Lal Biswas in exchange of their Indian property. Binodi Lal Biswas executed a power of attorney in favour of the plaintiffs’ in respect of the suit premises and some other prop......……………Petitioner Vs. Sree Bidhan Kumar Deb, Advocate………………………Opposite Party Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Afroza Bewa and others Vs. Md. Jalaluddin Pramanik, 48 DLR (AD) 205; Abdus Sattar Vs. Mohiudd......e defendant Bidhan Kumar and there being no complicated question of title involved the trial Court was wrong in returning the plaint for filing the same in a proper Court and hence the impugned order calls for interference by this Court. 19. In the result the Rule is made absolute. The SCC Suit N......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..Category: Procedural Law | Date: | Hits: 74
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....lishment. (b) Employed in a managerial or administrative capacity: (c) Who being employed in a supervisory capacity performs by virtue of the duties attached to his office or by reason of the power given to him. Functions of managerial or administrative nature" (57 DLR 750). The definit.......................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is made absolute. Cases Referred to- 57 DLR 741; 28 DLR 473; 12 MLR 401; 7 BLC (AD) 119; 49 DLR (AD) 177; 49 DLR (AD) 161; 32 DLR ......petitioner as well as failed to consider that the Labour Court has no jurisdiction to hear and dispose of such application. He further submits that the petitioner in its written statement categorically stated the legal character of the petitioner, but the Labour Court by some Hypothetical assump......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......omtazuddin Ahmed J Golam Mowla............Petitioner Vs. Abdul Hashem.................Opposite Party Judgment August 2, 2009. Result: The Rule is made absolute. Cases Referred to- Ranju Roy Vs. Jibesh Ranjan Roy, 14 MLR (AD) 18; Anwar Hossain Vs. Abdul Hossain Mollah, 44 D......ion No. 383 of 2003. Judgment Md. Momtazuddin Ahmed J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the jud......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ..Category: Property Law | Date: | Hits: 88
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......n and another……………...Appellants Vs. The State...........................................Respondents Judgment May 25, 1977. Result: The appeal is allowed. Cases Referred to- Kabir Ahmed Vs. State, (1974) 26 DLR 44; Alam & ors. Vs. State, (1967) 19 DLR (SC) 242; C......ration is whether for offences alleged to have been committed on or prior to 5-2-1974 the appellants can be tried by the Special Tribunal under the Special Powers Act (Act XIV of 1974 hereinafter called the Act) which came into force on 9-2-1974. 2. The facts are that a Sub-Inspector of Polic......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)
....mong the co-sharers as per order and direction of the court and to allot such shares to the parties of the suit; that the appellate court below, therefore, has committed illegality in delegating this power of the court to the advocate commissioner to determine the validity and genuineness of the d......nior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record —For Respondent Nos.118, 119 and 228. Respondent Nos.1-117, 120-223 and 229 —Not represented. Civil Petition for Leave to Appeal No.1849 of 2010. (From the judgment and order dated 10.02.2010 passed by the High Court...... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377....... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377...Category: Property Law | Date: | Hits: 84
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....nize the institution and to make it world class standard so that it can cope with the central banks of developed countries of the world. Thai the Board of Directors of Bangladesh Bank was very much empowered to issue the impugned circular introducing new promotion policy with a view to increase th......…………....Petitioners Vs. Mr. Sukamal Sinha Choudhury and another………………………..Respondents Order December 12, 2011. Result: Leave is granted. Cases Referred to- Bangladesh Vs. Md. Azizur Rahaman, 1994 (46) DLR (AD) 19; (AIR 1986 (SC) 1830; AIR 1987 (SC) ......ng several years before the promotion of the writ petitioner to the post of General Manager, it would have been illegal on the part of the Bangladesh Bank if the petitioner was promoted as per the so-called practice of seniority basis only. The learned Counsel has argued also that the impugned circu......4 about 5 posts of General Manager were vacant. But just before the relevant time for promotion, the respondent No.2 formulated some criteria for promotion to the post of General Manager at the 269th meeting of its Board of Directors held on 27th April, 2005 incorporating therein some new terms and ..Category: Employment/Service Law | Date: | Hits: 211
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....he officer so authorized shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents in his possession or power relating to the mortgaged land by such date as may be fixed in the order. (5) If the mortga......High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Nur Mohammad Bhuiyan being dead his heirs Rumana and others ................ Petitioners Vs. Aysha Khatoon and others ................................................................... Opposite Parties......e petitioners. No one appears - for the opposite parties. Civil Revision No. 4269 of 1991. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondents was issued calling in question the legality of judgment and decree dated 29.11.1988 passed by the Subordinate J......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 87
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......- for the petitioners. Not represented- the Opposite parties. Civil Revision No. 924 of 2004. Judgment Md. Ruhul Quddus J. - This Rule at the instance of defendant-respondents was issued to examine the legality of judgment and decree dated 21.1.2004 (decree signed on 27.1.2004) passed b...... doing so, the appellate Court will independently assess the evidence and arrive at its own findings on the issues including issue No. 4 as framed by the trial Court. It will also have the liberty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....l Surgeon Jessore was appointed as Project Director under the care and contract of the Ministry of Health and Family Planning, Government of Bangladesh the appellant nos.1 to 6 decided to recruit man power of the upgrade hospital for opening the Hospital and accordingly created 142 gazetted and non-...... Vs. Md. Salim Reza……………………..…………………………………………Respondent Judgment January 29, 2003. Result: The appeal is dismissed. Cases Referred to- Dipti Prakash Banerjee Vs. Satyendra Nath Bose National Centre for Basic Sciences, (1999) 3 S......tained in the order of termination of the probationer but might be contained in any document referred to in the termination order or in its annexures. Obviously, such a document could be asked for or called for by any future employed of the probationer. In such a case, the order of termination would......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 155
....fendants decree holder from enjoyment of the fruit of the decree. In the meantime 16 years have passed under the coverage of the instant vexatious litigation. In view of the above and in applying our power conferred under section 35A of the Code of Civil Procedure, we award a cost at taka 1,00,000/-......t-Appellants
Vs.
M/S. Imperial Chemical Industries Bangladesh Limited………………Plaintiff-Respondent
Judgment
March 20, 2011.
Result:
The appeal is allowed.
Cases referred to-
19 DLR (SC) 143; 28 DLR (HD) 392.
Lawyers Involved:
Fazlul Karim with Md. Omar Faruk - ......he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 113
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....n of the expert’s opinion. 12. The appellate Court also missed that the sale agreement was an unregistered one, which could be executed anywhere at the parties’ convenience. The plaintiff by a power of attorney appointed his son Ram Chandra Dey, who deposed on his behalf as P.W.1. This is not......vil Revision No. 678 of 1999. Judgment Md. Ruhul Quddus J. - This Rule at the instance of plaintiff-respondents was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and decree dated 28.9.1998 (decree signed on 5.10.1998) passed b......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 76
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