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Ismail Vs. State, 2009, 38 CLC (HCD)
....tia and the conviction was given against him. The learned counsel further submits that the petitioner with a view to go to Saudi Arabia for a Job, had deposited his passport on a good faith to the Manpower businessman wherefrom no positive response was received by the petitioner even after waiting f...... Opposite party Judgment April 30, 2009. Result: The rule is made absolute. Lawyers Involved: Hamida Chowdhury, Advocate - For the Convict-Petitioner. Maksuda Akhter, Assistant Attorney General - For the Opposite party. Criminal Revision No. 91 of 2005. Judgment Mashuqu......the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ......the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 92
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
....t a vested property. The plaintiff contended that she has title and possession in the suit property and, as such, the defendants have no right to disturb her lawful possession by exercising executive powers. 3. Defendant Nos.1-2 Government of Bangladesh and ADC (Revenue) respectively contested th......osite party No.1 (Ka) as plaintiff instituted a suit in the Court of the Subordinate Judge, Sylhet being Title Suit No.151 of 1977, subsequently renumbered as Title Suit No.174 of 1992 on transfer to the Court of Assistant Judge Sylhet praying for a declaration that the orders dated 13-11-1976 a......ed fact that the original plaintiff has title, at least in some portion paid of the suit property and admittedly the plaintiff has possession in the suit property, the Government has no right to physically oust her from possession by exercising executive powers except in due course of law and, as su...... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367...Category: Property Law | Date: | Hits: 88
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... and fabricated document created for filing a suit for specific performance of contract. Subsequently the written statement of defendant No.1 A Satter Solaiman was struck off by the court because the power of Attorney of the defendant had not been validated in Bangladesh and the written statement of......f Bangladesh and others, 16 BLD (AD) 9 = 48 DLR (AD) 178. Lawyers Involved: Khandakar Mahbubuddin Ahmed with SM Munir, Fida M Kamal, Advocates - For Petitioner. SM Rezaul Karim Assistant Attorney-General - For the Respondent. Civil Rule No. 404(f) of 1995. Judgment Md. Abdul Ka...... Respondent. Civil Rule No. 404(f) of 1995. Judgment Md. Abdul Karim J.- This Rule under Order 47, rule 1 of the Code of Civil Procedure at the instance of plaintiffs-appellants was issued calling upon the opposite parties to show cause as to why the Judgment and decree dated 12th April, ...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ..Category: Property Law | Date: | Hits: 89
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... Order 22, rule 10 of the Code then also, the Civil revision can be converted into a Miscellaneous appeal under Order 43, rule 1(1) of the Code. In the ends of justice the High Court Division has the power to treat an application of Revision as an appeal and vice versa a memorandum of appeal as an a......Civil Procedure, the pendente lite-transferee-petitioners question the propriety of the order dated August 2, 1993 passed by the learned Assistant Judge, Sathkhira in Title Suit No.4 of 1991 refusing to implead them as defendants in a Suit for declaration of title and confirmation of possession and ...... 17. Section 52, thus, enjoins that during the pendency in any Court in Bangladesh any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the su...... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341...Category: Procedural Law | Date: | Hits: 74
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
....o issue any passport to him. We find that no reasons as to the inability of the Government have been mentioned in this Memo. Under the provision of Article 4(2) of the Bangladesh Passport Order, 1973 power has been given to the authority for refusal to issue passport or travel document to an applica......Bangladesh Sachibalaya, Dhaka and Others………………………………………………….Respondents Judgment April 17, 1994. Result: The Rule is made absolute. Cases Referred to- Syed Mokbul Hossain Vs. Government of Bangladesh, 44 DLR 39; Begum Monsura Rahman Mohiuddin V.......92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......09/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 against several persons including the present petitioner alleging that the present petitioner presided over a meeting of the Board of Directors, Bangladesh Biman on 16.3.89 and 6.7.89 when the decision regardin..Category: Constitutional Law | Date: | Hits: 238
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....risdiction to entertain a second appeal on the ground of erroneous finding of fact, however gross or inexcusable the error may seem to be; and they added a note of warning, that no Court in India has power to add or enlarge the grounds specified in section 100. The learned Advocate for the responden......nt down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......angladesh and another, reported in 38 DLR (AD) 201 wherein it been observed "As far back as 1890 AD in the case of Durga Chowdrain v. Jawahir Singh, 17 Indian Appeal 122 (PC) the Privy Council emphatically declared under section 584 of the earlier Code which corresponds to section 100 of the present......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70...Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... in particular since many years were lost in the course of executing the writ petition due to the fault of the petitioner. By reference to President Order, 94 of 1972 Article-6 he points out that the power to deal with the petitioner lies only with the Board and only certain powers are delegated to ......er Vs. Masud Ahmed……………………………………………….Contemnor-Respondents Judgment August 10, 2010. Result: The Rule is made absolute in part. Cases Referred to- Mirza Shamsuddin Beg Vs. Bangladesh, 41 DLR 356; Rangpur Palli Bidyut Samity-1 Vs. Md. Ali Re......t, which having been unduly delayed and the judgment of the Court not implemented, the petitioner filed the instant application under section 2 of the Contempt of Court Act, 1926. The Rule was issued calling upon the contemnors to show cause as to why they should not be proceeded against for contemp...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....t Judge, Dhaka. Thereafter the same was transferred to the first Court of Additional District Judge, Dhaka, for disposal. After promulgation of Act 35 of 2003 the learned District Judge by exercising power under section 8 of the Act transferred the appeal from the first Court of Additional District ......instance of defendant responÂdent petitioners, calls in question the legality and propriety of the order dated 27-9-2006 passed by learned Special District Judge, and Paribesh Adalat, Dhaka refusing to comply the order dated 6-6-2006 passed by learned District Judge, Dhaka. 2. Material facts are......—For Petitioners. No one appears—For the Opposite party. Civil Revision No. 489 of 2007. Judgment SM Ziaul Karim J.- This Rule at the instance of defendant responÂdent petitioners, calls in question the legality and propriety of the order dated 27-9-2006 passed by learned Special ......er as to cost. The order of stay granted earliÂer by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147...Category: Civil Law | Date: | Hits: 95
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141............................Petitioner Vs. Md. Alauddin and others ..........................Opposite Parties Judgment November 24, 2008. Result: The Rule is discharged. Cases Referred to- Md. Emdadduddin Sk Vs. Atiqur Rahman, 1989 BLD 253=42 DLR 416; Nizamuddowla Vs. Nurul Islam, ......d: Kamal-ul-Alam, Advocate—For the Petitioner. Rabi Shankar Chakraborty, Advocate—For the Opposite Party No.1. Civil Revision No.1443 of 2002. Judgment SM Ziaul Karim J.- This Rule calls in question the legality and proÂpriety of the judgment and order dated 17-1-2002 passed by t......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141...Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....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. ......spondent No.2. SM Rezaul Karim, Advocate - For the Respondent No.3. Writ Petition No.11685 of 2006. Judgment Moyeenul Islam Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Warrant of Precedence issued vide ......of Precedence in 1986, the Secretaries' Committee examined its draft prepared by the Cabinet Division and this Committee made recommendations thereon. Eventually, the recommendations were placed in a meeting before the Council Committee headed by Rear Admiral Sultan Ahmad, DCMLA, Chief of Naval Staf..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
.... 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 the application under Article 102 of the Constitution of the People's Republic of Bangladesh by 244 Freedom Fighters, the Rule was issued on the following terms: "Let a Rule Nisi issue calling upon the respondents to show cause as to why the action of the respondents stopping the Stat......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. ..Category: Others | Date: | Hits: 149
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....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 ....... Charging section 39 of the Ordinance runs as follows: “No assessment of a tax rate, toll or fee under this Ordinance, or Valuation therefore, or the liability of a person to be so taxed, shall be called in question except by a petition presented to such authority, in such manner and within such ......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...Category: Fiscal/Taxation Law | Date: | Hits: 156
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....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. ......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)
....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......2. Criminal Miscellaneous Case No.4121 No.2009. Judgment Khondker Musa Khaled J.- This rule, at the instant of an application under section 561A of the Code of Criminal Procedure, was issued calling upon opposite-parties to show cause as to why the proceeding of Metropolitan Special Case No......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. ..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (BangÂladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....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......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.......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...Category: Property Law | Date: | Hits: 79
....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......f 1972 could be a valid proceeding for his dismissal in terms of the said order;
(ii) Whether the decisions of Screening Board could stand in view of the fact that the appellant was not allowed to call any evidence, oral or documentary, before the Board;
(iii) Whether a second show cause was n......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...
Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Biman CorpoÂration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
.... 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 ......needs of the People of BanglaÂdesh". Article 2 provided that the PIA CorÂporation "shall within the territory of BanglaÂdesh be deemed to have been reconstituted into an independent Airlines to be called the Air Bangladesh International (hereinafter referred to as the Airlines)". Article 4 proÂv......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. ..Category: Employment/Service Law | Date: | Hits: 123
....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 ......o challenge has been made against it until now. Had the law been challenged at the approÂpriate time, then the authority concerned may have simply inserted the very same provision in the law without calling it a 'substitution' or they may have had recourse to other methods of acquisition. There is ......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. ......: 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.......ut of G.R case No.144 of 2007.) Judgment Md. Rezaul Hasan J.- This rule under section 561A of the Code of Criminal Procedure (the Code) has been issued at the instance of the accused petitioner calling upon the opposite parties to show cause as to why the impugned Judgment and order dated 22.0......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. ..Category: Criminal Law | Date: | Hits: 143
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. .............................Petitioners Vs. Narayan Chandra Kuri.............................Opposite party Judgment November 11, 2009. Result: The rule is discharged. Cases Referred to- Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 42 DLR (AD) at page 59...... by the learned Joint District Judge and Artha Rin Adalat, Noakhali in Title Appeal No.143 of 1997.) Judgment Faruque Ahmed J.- This rule at the instance of the plaintiff petitioners was issued calling upon the opposite party to show cause as to why the impugned Judgment and decree dated 30.04......nd to one Kajal Chandra Mojumder vide Kabala dated 01.09.1993 and delivered possession to him. Kajal Chandra Mojumder purchased the land in the name of his wife and got homestead thereon and that for meeting the allegation of defendant, a salish was held on 25.06.1994. In that Salish defendant produ..Category: Civil Law | Date: | Hits: 103
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