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....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
......ment and the University Grants Commission which enjoy the exclusive domain to give approval for the establishment of the Private University at any place in Bangladesh and whether in exercise of their power under the provisions of the Ain, 2010, they can accord permission for establishing independent......r the Petitioners.
Mahmudul Islam, Senior Advocate instructed by Md. Zainul Abedin, Advocate-on-Record- For Respondent No.1.
None represented-For Respondent No.2-3.
Civil Petition for Leave to Appeal No.1923 of 2011.
(From the judgment and order dated the 10th day of May, 2011 passed by......try's Memo No. সিম/শাঃ ১৪/৮ বেঃ বি-à§/২০০৩/৩৮০, through provisional approval of the Government. After proper enquiry and investigation, the writ-respondents granted provisional approval to the petitioner and thereafter, the writ-respondents granted permissi..
Category: Others | Date: | Hits: 197
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ...... Rahman, Advocate-on-Record—For ResÂpondent No.1 (In Civil Petition No. 1498 of 2007.) Not represented—Respondent Nos.2-17 (In Civil Petition No. 1498 of 2007.) Syeda Afsar Jahan, Deputy Attorney General, instructed by Zainul Abedin, Advocate-on-Record—For Respondent Nos.1-2 (In Civil P......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 76
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......ly distinct from that of its members, and the property of the Company is distinct from that of its meÂmbers whose only properties are their shareÂholdings. 5. The company, therefore, has all the powers of a legal personality and can, among others employ or dismiss its employees and servants. Th......€¦â€¦â€¦â€¦â€¦â€¦..Appellant Vs. Quamrul Huda & others……………………………..Respondents Judgment January 16, 1979. Result: The appeal is allowed. Cases Referred to- Bangladesh Small Industries Corporation Vs. Mahbub Hossain, (1977) 29 DLR (SC) 41; Punjab Ali......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......on has corÂrectly reflected the consensus opinion that has been expressed by the Courts in the subÂcontinent as to the scope and nature of this provision under section 288 Cr.P.C. It is an enabling power which has been conferred upon the Presiding Judge for bringing on record the evidence of witne......amp; others………………………Appellants Vs. The State………………………….Respondent Judgment August 9, 1978. Result: The appeal is dismissed. Cases Referred to- Alim Vs. State, (1977) 29 DLR (SC), 268; Md. Ahmed Vs. State, (1970) 22 DLR (SC) 120; P.L.D. ......atement of P.W. 1, 2 and 5 for corroboration of their evidence in examination in chief before the trial Court without complying with the provisions of Section 145 of the Evidence Act. 7. Leave was granted to consider the imÂportant question as to import and scope of section 145 of the Evidence A..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....owed. The judgment and decree of the High Court DiviÂsion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......owed. The judgment and decree of the High Court DiviÂsion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ...... For the Appellant. M. H. Khondkar, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1. Ex parte - For Respondent Nos. 2-5 & 6(1) to 6(A). Civil Appeal No. 20 of 1982. From the judgment and decree dated July 23, 1980 passed ......owed. The judgment and decree of the High Court DiviÂsion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ..Category: Property Law | Date: | Hits: 58
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
.... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is disÂmissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ......rriage. The High Court Division rightly came to the conclusion that in order to invest a Chairman of the Union Parishad with the function under the Muslim Family Laws Ordinance, express conferment of power was a pre-requisite. Merely the changing of definition from time to time without conferment of...... Magistrate and the learned Magistrate on consideration of the evidence found the respondent guilty under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961 and convicted him and sentenced him to suffer rigorous imprisonment for 5 months and to pay a fine of Tk. 200/- in default to suffer rig......ouncil the function could not be performed by the Chairman of Union Parishad unless the law was suitably amended and the provisions of sections 6 and 7 Ordinance have become nugatory. 4. Leave was granted to consider this point which is of public importance. It is to be noted that the respondent ..Category: Family Law | Date: | Hits: 166
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ...... section 439A of the Code of Criminal Procedure and thereÂfore, discharged the rule. 4. Being aggrieved by this order, the appelÂlants moved this Court and obtained leave to consider whether the power conferred upon the Sessions Judge by the newly inserted section 439A being the same as that co......………………………Appellants Vs. Nurul Islam ChowÂdhury and others…………… Respondents Judgment December 14, 1982. Result: The appeal is dismissed. Case Referred to- Chand Agarwalla Vs. Shawi Base and another, AIR 1973 SC 799. Lawyers Involved: Aminul H......t expressed in the judgment of the learned Chief Justice, which is also the judgÂment of the majority, 1 consider it necessary that I should state my opinion in a separate judgment. 13. Leave was granted to consider the followÂing question: Whether the Sessions Judges in view of the power of..Category: Others | Date: | Hits: 135
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......ike to quote the provision of section 561A of the Code of Criminal Procedure to examine its scope which runs as follows: "561A. Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court Division to make such orders as may be necessary to give effect to any order......nsis P Rojario alias Babu.................Accused-Petitioners Vs. State...............Opposite Party Judgment December 15, 2009. Result: The Rule is made absolute. Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Nasiruddin Mahmud Vs. Momtazuddin Ahmed, 36......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355...Category: Criminal Law | Date: | Hits: 86
.... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
......ioners is as follows:
i. “Turn Table Ladder (TTL), (total-6), Height 170 feet, Moving.
ii. Shorkel, (total-6), Moving Ladder, Height 88 feet.
iii. Break Down Van, (total-20) High hydraulic power.
iv. Emergency Tender (ET and Lighting Unit), (total-8)
v. Chemical Tender, (total-6), F.......
Government of Bangladesh and others.........................................Respondents
Judgment
July 29, 2009.
Result:
The Rule is made absolute and the respondents are directed to act as per the direcÂtion made in the body of the judgment.
Lawyers Involved:
Manzil Murs...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....he Court, not a single application was filed to show that due to threatened of the plaintiffs defendants failed to appear before the Court. 13. Relief for specific performance of a conÂtract is a discretionary relief. In granting such relief Court along with law and fact, also consider the natur...... that there is no contract for selling of the suit property. 5. At the trial plaintiffs examined 4 witnesses and defendant examined no witness. 6. Plaintiff exhibited a number of documents i.e. power of attorney dated 26-1-2002, as exhibit 1 allotment letter dated 30-7-85 in favour of defendan......strict Judge, Arbitration Adalat, Dhaka dismissing Title Suit No.102 of 2004 for Specific Performance of Contract. 2. Appellants who are plaintiffs, stated in the plaint, that RAJUK plot No.12, Factory Road, Shyarnpur Kadamtali Industrial Area, allotted in defendant No.1, a private limited compan....................Appellants Vs. Hussain Fabrics Ltd. and others............................Respondents Judgment May 31, 2010. Result: This appeal is allowed and the order of injunction granted earlier at the time of issuance of rule is by vacated. Lawyers Involved: Jamiruddin Si..Category: Property Law | Date: | Hits: 78
....udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......rned may, after giving the claimants an opportunity of being heard, make such enquiries and examine such documents and records as he may deem necessary. The officer holding the enquiry shall have the power to summon and enforce the attendance of witnesses and compel the production of documents by th..............Petitioners
Vs.
Joint District Judge and Artha Rin Adalat & another...............Respondents
Judgment
May 22, 2004.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh represented by the Secretary, Ministry of Public Works and Urban Development Vs. M......ss, including seizure, distress, ejectment, attachment or sale by any officer of a Court or any other authority, and no injunction or other order of whatever kind in respect of such property shall be granted or made by any Court or any other authority, and the Government shall not be divested or dis..
Category: Property Law | Date: | Hits: 173
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......further provided in this section that the decision of the District Judge in such matter shall be final. The question now arises is whether the Additional District Judges are entitled to exercise this power or not. Section 8 of the East Bengal Civil Court's Act (Act XII of 1887) provides: (1) When...... Abdullah Harun.................Petitioner Vs. Additional District Judge and others.............Respondents Judgment June 21, 2001. Result: The Rule is discharged. Cases Referred to- AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola and others, 38 DLR (......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ..Category: Trust/Waqf Law | Date: | Hits: 153
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......ar as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub‑section(1)." 12. From a plain reading of the above provision the extraordinary power to further investigate conferred by the Code upon police officer in a case lies to obtain "fur................Respondent Judgment July 10, 2004. Result: The appeal is allowed. Lawyers Involved: Golam Abbas Chowdhury ‑ For the Accused Appellant. Md. Rabiul Karim, Assistant Attorney General ‑ For the Opposite Party. Criminal Appeal No. 1195 of 2004. Judgment Khade......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...Category: Criminal Law | Date: | Hits: 64
....excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
...... exercises function mainly managerial or administrative in nature will fall into the category of employer. Respondent does not exercise any functions managerial or administrative in nature. He got no power to control or to supervise the work of any other person. Nature of his work does not bring him......rs.............Petitioners
Vs.
Chairman, Labour Court, Rajshahi and another...................Respondents
Judgment
August 15, 2004.
Result:
The Rule is discharged.
Cases referred to-
Md Mahmudul Hoque Vs. Md Shamsul Alam, 36 DLR (AD) 179; Senior Manager, Dosta Textile Mills L......excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
..
Category: Labour and Industrial Law | Date: | Hits: 188
Wazir Jahan Begum and another Vs. Government of BanglaÂdesh and others, 2003, 32 CLC (HCD)
....a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621....... lawful authority and therefore, the impugned order has been passed without any basis. On the other hand, Mr. KS Zaman, the learned Advocate appearing for the respondents, submits that in view of the power given in section 27 sub‑section 7(D), the District Judge can transfer the case to the Artha ......dul Matin J Syed Muhammad Dastagir Husain J Wazir Jahan Begum and another…………………Petitioner Vs. Government of BanglaÂdesh and others ............Respondents Judgment October 27, 2003. Result: Rule is made absolute. Case Referred to- Bangladesh House Buildi......a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621...Category: Civil Law | Date: | Hits: 81
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......n 247 CrPC is not intended to serve as a short cut for trial Court to dismiss the case by a snap judgment. Power to dismiss the case is undoubtedly there when the complainant is found absent but that power must be exercised judicially and it must be seen and considered having, regard to the circumst...... J Tofael Ahmed......................Appellant Vs. Chand Mia, State .........................Respondents Judgment April 13, 2002. Result: The Appeal is allowed. Cases Referred to- AIR 1959 Cal 525, AIR 1961 (Allahabad) 352, AIR 1948 (Madras) 450, Ayub Ali Bangali Vs. Mia M......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614...Category: Procedural Law | Date: | Hits: 73
Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......¦.....Opposite Parties Judgment March 6, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Tamizuddin, Advocate -For the petitioner. Mrs. Syeda Rabia Begum, Assistant Attorney General-For opposite party No.1. Civil Revision No. 5982 of 2007. Judgment Md. Ruhul...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 78
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......No.1 was in possession of the case land and directed the receiver to deliver possession of the land in his favour. There is nothing illegal to interfere with by this Court in exercise of its inherent power under section 561A of the Code. 8. We have gone through the revisional application, and the...... Md. Rais Uddin J Md. Ruhul Quddus J Afruj Miah………………….......................Petitioner Vs. Jira Miah and another ……………….....Opposite Parties Judgment October 5, 2011. Result: The Rule is discharged. Lawyers Involved: No one –For the petit......e impugned judgment, which calls for any interference by this Court in exercise of its inherent power under 561 A of the Code of Criminal Procedure. In the result, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md..Category: Property Law | Date: | Hits: 53
..... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
......ent suit to continue with their possession over the abandoned property and it is definite that the suit will bring no result for the plaintiffs. In such a suit, the Court can also invoke its inherent power and reject the plaint taking recourse to section 151 of the Code of Civil Procedure, even if i......ellants
Vs.
Secretary, Ministry of Housing and Public Works and others…………………Respondents
Judgment
December 12, 2011.
Result:
The appeal is dismissed.
Cases Referred to-
Mohammad Jamil Vs. Improvement Trust, Rawalpindi, 17 DLR (SC) 520; Secretary of State, repres......e appeal merits no consideration and is liable to be dismissed.
Accordingly the appeal is dismissed, however, without any order as to cost. The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
..
Category: Property Law | Date: | Hits: 78
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......stion Involved in this apÂpeal is whether the defendants held the suit property in occupancy right which is protecÂted or it is an under tenure holding. If it is found that the suit land appertains to an under tenure holding then the plaintiff mast succeed to recover possession by evicting the def......ngage tenants, and settlement of mokarari right at fixed rate, was of the view that the incidents of the settlement indicate beyond any shadow of doubt that it was a tenure and not an occupancy right granted to the defendant by the pattas. According to him, the original purpose being use of land by ..Category: Property Law | Date: | Hits: 58
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