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....rised Officer” has been defined as “Authorised Officer” means a Magistrate of the First Class appointed by the Government, by notification in the Official Gazette, to exercise all or any of the powers of an Authorised Officer under this Ordinance.”
9. From sub-section (2) of section 5 of ......ional District Magistrate, Chittagong as an appellate authority under the Port Authorities Land and Buildings (Recovery of Possession) Ordinance, 1962 (Ordinance No. IX of 1962), hereinafter referred to as the Ordinance, on an application for review/setting aside the order dated 23-3-1991 made in Po......rate, who may pending the disposal of such appeal, make such orders as he thinks fit.
(2) The decision of the District Magistrate on an appeal under sub-section (1) shall be final and shall not be called in question in any Court or by any authority.”
In section 2(b) of the Ordinance “Autho......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
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Category: Property Law | Date: | Hits: 103
....law bearing on the subject and rightly dismissed the appeal on proper findings on the basis of the evidence on record and the same do not call for any interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure.
7. I have gone through the judgments o......site Parties
Judgment
November 5, 1997.
Result:
The Rule is discharged.
The State Acquisition and Tenancy Act, 1950 (Act No. XXVII of 1951); section 96
The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-emptee had bee......ed:
Md. Abdus Sobhan, Advocate - For the Petitioners.
Md. Khurshid Alam Khan, Advocate - For the Opposite Parties.
Civil Revision No.686 of 1992.
Judgment
Gour Gopal Saha J.- This Rule calls in question the judgment and order dated 6-2-1992 passed by the learned Subordinate Judge, 2nd......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
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Category: Property Law | Date: | Hits: 78
....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......0 DLR (HCD) (1998) 186.......lted in error in the impugned decision occasioning failure of justice.
6. Mr. Karmaker has drawn my attention to Ext. 5 and the order dated 17-8-88 passed by the learned ADC (Rev) Dhaka wherein he called for opinion of the legal Adviser of Vested Properties in respect of release of the suit prope......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186...
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
.... wife. In case of a decree against a husband the Court can execute on discretion by passing an order of periodical payments but the unwilling husband can divorce his wife by pronouncing his arbitrary power of divorce. Thus the suits for restitution of conjugal rights is always instituted to compel t...... dismissing Title Suit No.390 of 1984 for restitution of conjugal right. 2. The opposite party as plaintiff instituted Title Suit No.228 of 1981 in the 2nd Court o Munsif, Chandpur and on transfer to the Court of Munsif, Matlab was renumbered as Title Suit No.390 of 1984 against the defendant-pet......al as the same was proved by P.Ws. 1-4 by oral evidence. This contention of the learned Advocate cannot be accepted according to law of evidence. The defendant petitioner in her Rule petition categorically mentioned in paragraphs 7 and 8 that both the plaintiff and the defendant No.1 got married wit......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ..Category: Family Law | Date: | Hits: 185
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....iverse provisions excepting sections 50 and Section 102 of the Ordinance. Before adverting to these two sections, a brief reference to Sections 32, 34 and 35 is necessary. Section 32 deals with the power of the Administrator to remove a Mutwalli in certain cases and Mutwalli's liability for breach......ion. All that need be stated is that in the Court of Munsif, the plaintiff has divided the suit properties under two schedules land has claimed ownership and possession over both of them. With regard to the first he has sought a declaration of his title but with regard to the 2nd schedule he has pra......dispute and so the adjudicatory authority of the Administrator may not be invoked. There may be cases, of course, where a dispute is raised at the time of enrolment when the Administrator will be called upon to decide the waqf character of the property. The moment the Administrator decides the......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249...Category: Trust/Waqf Law | Date: | Hits: 136
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242....... M/S. Jamiluddin Corporation Ltd., Bogra………………………..Respondents (In all the appeals) Judgment February 20, 1979. Result: The appeals are dismissed. Cases Referred to- Commissioner of Income Tax Vs. Jai Frakash Omprakash Co. Ltd, 1964 P.T.D 586 = 52 I.T.R. 23 (......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......ppellate Assistant Commissioner took notice of the facts that the commission had been waived for a period of five year as a gesture of good will. He took notice of the resolution that was passed at a meeting of the Board of Directors of the assessee-company held on 15.7.59. The Appellate Assistant C..Category: Fiscal/Taxation Law | Date: | Hits: 124
....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......e present law, the Ain, 2010, which was promulgated on 18th July, 2010 there is no provision for opening outer campuses outside the main University campus. In support of his submission, he has specifically referred to sub-section (5) of section 3 of the Ain, 2010 explaining that the said sub-section......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.
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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. ...... Rahman, Advocate-on-Record—For Respondent 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......ccordingly the same was rightly recorded in the Khas Khatian No.1 and nobody raised any objection thereto and that Mahamaya Rani Saha and/or her predecessor never possessed the said land and the so called documents of settlement of the suit land in favour of the defendant Nos.6-7 Shorforaz Uddin a......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)
....ly distinct from that of its members, and the property of the Company is distinct from that of its members whose only properties are their shareholdings. 5. The company, therefore, has all the powers of a legal personality and can, among others employ or dismiss its employees and servants. Th......……………..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......orm one or more special ad-hoc statutory corproations and they may again differ in details, and though the nationalised companies may have their particular structural differences, they all assume basically the same form of being a body corporate with perpetual succession and a common seal and power ......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)
....on has correctly reflected the consensus opinion that has been expressed by the Courts in the subcontinent 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. ...... relevant to matters in question without such writing being shown to him, or being proved; but, if it is intended to contradict him by writing, his attention must, before the writing can be proved be called to those parts of it which are to be used for the purpose of contradicting him." "157. I......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. ..Category: Criminal Law | Date: | Hits: 107
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
....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......icle 3 all the Local Councils were dissolved and the persons holding office as Chairman, Vice-Chairman, etc. ceased to hold office and then clause (c) says that henceforth "the Union Council shall be called Union Panchayet". Article 4 authorised that the function of the Union Parishad shall be per...... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ..Category: Family Law | Date: | Hits: 166
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
.... section 439A of the Code of Criminal Procedure and therefore, discharged the rule. 4. Being aggrieved by this order, the appellants 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 Chowdhury 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......visions of the aforesaid two sections of the Code would seem inevitable. For the sake of convenience they are quoted below: "439. (1) In the case of any proceeding the record of which has been called for by itself or which has been reported for orders, or which otherwise comes to its knowledg......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. ..Category: Others | Date: | Hits: 135
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....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......Opposite Parties. Criminal Miscellaneous Case No.14333 of 2008. Judgment Md. Delwar Hossain J.- This Rule was issued upon an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the proceedings of Tejgaon Police Station Ca......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
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......espondent Judgment July 20, 2008. Result: Criminal Appeal Nos.3282 of 2001 and Criminal Appeal 3604 of 2001 are allowed and Criminal Appeal No.3698 of 2001 is dismissed. Cases Referred to- Ustar Ali Vs. State, 3 BLC (AD) 53. Lawyers Involved: Aminul Huq Helal with Momtaz Uddi......ubmits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal points of falsehood in their evidence on any point and, as such, the impugned judgment calls for no interference by this Court. 14. The only point for determination in these appeals is......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..Category: Criminal Law | Date: | Hits: 116
....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 direction made in the body of the judgment.
Lawyers Involved:
Manzil Murs.......
Writ Petition No. 9329 of 2008.
Judgment
Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondent to show cause as to why the inaction of the respondents to arrange suffi......
37. The Committe so constituted shall have the option to co-opt members according to its need.
38. The Committee shall be formed at the earliest.
39. The Committee shall convene its first meeting soon after its formation with the permission of the Prime Minister.
40. The Committee, am..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
.... 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......arge sheet was submitted. Defendant No.2 also filed a cast-under section 145 CrPC being Case No.5877 of 2001 before the Chief Metropolitan Magistrate over which, learned Chief Metropolitan Magistrate called report from Officer-in-Charge, Shyampur Police Station. Officer-in-Charge, Shyampur Police St...... Suit No.1 of 1994 of the 4th Artha Rin Adalat. Dhaka as exhibit No.17. Certified Copy of Vokalatnama in Title Suit No.1 of 1994 as exhibit No.18 and Written Statement in Title Suit No.1 of 1994, and meeting of Board of Directors of Hussain Fabrics Ltd. dated 3-10-1989 as exhibit 19 and 20. 7. Le..Category: Property Law | Date: | Hits: 78
....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......titioners.
Saifuddin Ahmed Chowdhury with Md. Nurul Huda Ansary, Advocates ‑ For Respondent No. 2.
Writ Petition No. 687 of 2003.
Judgment
Md. Awlad Ali J. ‑ This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and decree dated 14‑5......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.
..
Category: Property Law | Date: | Hits: 173
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....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 (......‑ For Respondent No. 6. Writ Petition No. 1098 of 2001. Judgment Kazi AT Manowaruddin J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondent Nos. 1‑7 to show cause as to why the impugned order dated 25‑3‑200......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)
....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......out considering the facts and circumstances and materials on record and applying its judicial mind to the provision of section 265C and 265D of the Code of Criminal Procedure has framed charge mechanically. The impugned order for framing charges against the accused is thus liable to be set aside. ......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
.... 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......e jurisdiction of Labour Court was fixed but in subsequent SRO No. 214 dated 16-6‑1994 there is no provision for concurrent jurisdiction. The Jurisdiction of Rajshahi Labour Court has been specifically mentioned in that and Labour Court will have jurisdiction over the entire Rajshahi Division. T......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
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