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Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....Roy who claimed their co‑ownership of the premises. He further submits that the cancellation order in the garb of Rule 22 of the Cinematography Rule is illegal, mala fide and colourable exercise of power. He further submits that no notice of show cause was issued against the petitioner before the ...... Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Shahnaz Babli and Bulbul Rabeya Banu, Advocates ‑ For the Petitioner. Md. Golam Mostafa, Assistant Attorney General - For the Opposite Parties. Civil Revision No. 431 of 2003. Judgment Mir Has......Assistant Attorney General - For the Opposite Parties. Civil Revision No. 431 of 2003. Judgment Mir Hashmat Ali J. - This Rule under sections 115(1) of the Code of Civil Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 8‑1‑2003 ......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..Category: Property Law | Date: | Hits: 62
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
.... the petitioner. He simply directed to reconsider the earlier order of the Magistrate in the light of the observation made by him in his order. He further submits that the learned Sessions Judge is empowered to direct further enquiry when complaint against any accused is dismissed. In the instant ca......sain J AKM Fazlur Rahman J Basiran Bewa ............Petitioner Vs. State………Opposite Party Judgment July 4, 2004. Result: The Rule is made absolute. Cases Referred to- Yusuf Hasan Vs. MA Rezaul Ferdous, 48 DLR (AD) 43; Abdul Matin and others Vs. The State, 42 D......o. 5841 of 2003. Judgment AKM Fazlur Rahman J. - This Rule was issued at the instance of accused‑petitioner Basiran Bewa on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the order dated 26‑2‑2003 passed by the ......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ..Category: Criminal Law | Date: | Hits: 81
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....ments, stock of arms and ammunition and various affairs and also supply those vital material information. After successful conclusion of the liberation war and after actual and physical assumption of power of the Government of this country, the Government of the People’s Republic of Bangladesh bei......e Referred To- Secretary, Ministry of Industries Vs. Saleh Ahnaed and another, BLD 1981 (AD) 91. Lawyers Involved: Azizul Hasan, Advocate - For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney-General - For the Respondents. Writ Petition No.1541 of 1997. Judgment Md. Mozammel ...... may be given for absorption of the petitioner. 2. We have heard the learned Advocates and perused the application. We are passing the detailed judgment as under: In this matter Rule was issued calling upon the respondents to show cause as to why the impugned order vide Annexure-1 issued by th......e Administration in Bangladesh, 1980 published under the authority of the Government. At page 625 of the mentioned Hand Book with regard to Important Laws, Rules and Orders, a decision of the Cabinet meeting held on 19-6-72 was taken which runs as follows: “7. In this connection it was brought ..Category: Administrative Law | Date: | Hits: 183
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....sion in the case of Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256 and the decision in the case of Unimarine SA Panama Vs. Bangladesh, 31 DLR (AD) 112. In Shamsul Huda it has been held that the power conferred under Order 38 rule 5 CPC is extraordinary power whereby a party in the suit may be ...... Ltd…………………Appellant Vs. Islam Steel Mills Ltd. and others……………………Respondents Judgment February 5, 1997. Result: The appeal succeeds. Cases Referred to- Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256; Unimarine SA Panama Vs. Bangladesh 31 D......e are, therefore, of the opinion that non-payment of the bills, under the order of the trial Court has not only harshly acted against the business as contended by Mr. Ishtiaque Ahmed but it has practically stopped the business of the appellant company. The object Order 38 rules 5 and 6 is not to pas...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....e petitioners were informed the details of the judgment by the trial Court on 2‑9‑2003 after the Court received the judgment on 27‑8‑2003. The above order of the High Court Division clearly empowered the ad-hoc Committee formed under the provision of Article 109 of the Constitution of the Sa..............................Petitioners Vs. Khatibuddin Ahmed and others......................Respondents Judgment January 18, 2004. Result: The Rule is made absolute. Cases Referred to- Safaruddin and others Vs. Fazlul Haque, 49 DLR (AD) 151; National Bank of India Vs. Yakub Mia......sion No. 4280 of 2003. Judgment Md Abdul Aziz J. - This Rule has been issued at the instance of the defendant‑petitioners on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite parties to show cause as to why the order dated 20‑10‑03 passed by the......e original Constitution. On the same day they filed an application under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure for a temporary injunction restraining the defendants from holding a meeting on 17‑9‑03 to give effect and confirming of the amendments of the Constitution dated 14..Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
.... Court may, in its discretion, hold a preliminary enquiry before lodging any complaint to the Magistrate only when it thinks it necessary but such an enquiry is never obligatory. The Court has enough power to lodge such a complaint without holding any enquiry at all when from the proved facts the Co......ated 10‑1‑2001 passed in had done works beyond the tender, which the Miscellaneous Case No. 1 of 1999 sending a defendants received and enjoyed. Not only that the complaint against the petitioner to the Criminal defendants already transferred the building may be Court concerned with the land at ......ay, if it thinks necessary to do so, send the accused in custody of such Magistrate, and may bind over any person to appear and give evidence before such Magistrate. 7. Now, the only question that calls for our consideration is whether a preliminary enquiry before lodging any complaint under sect......he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ..Category: Criminal Law | Date: | Hits: 82
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. .....................................Appellant Vs. Deputy Commissioner and others ....................Respondents Judgment August 3, 2003. Result: The appeal is allowed. Cases Referred to- Bengal Nagpur Railway Co. Ltd. Vs. Ruttanji Ramji and others, AIR 1935 Calcutta 347; Ram Pert......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......,49,655.59 as price of the non-tender work were not correct. He denied that the plaintiff did the extra work at the verbal order of defendant Nos. 1, 2 and 16. He submitted the decisions taken in the meeting of the Governing Body on 17‑6‑93 and 13‑6‑93. The plaintiff could be entitled to the..Category: Civil Law | Date: | Hits: 99
....at any point of time the title of the plaintiffs was lost.
23. Mr. Goutam Kumar Roy, the learned Deputy Attorney General further relying on the decision reported in 4 BLD (AD) 199 submits that the power of attorney dated 3.8.89 (Ext.4) was not proved as per the provision of section 67 of the Evid......Opposite parties.
Judgment
August 19, 2010.
Result:
The Rule is discharged.
Cases Referred To-
Nur Mohammed & others Vs. Moulvi Mainuddin Ahmed and others, 6 BLD (AD) 342; Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and others, 24 BL......
(From the judgment and decree dated 3.2.2003 passed by the Additional District Judges, erd Court, Sylhet in Title Appeal No.332 of 2001.)
Judgment
Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite party Nos. 1-5 to show cause as to why the impugned judgment and decree of......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49...
Category: Property Law | Date: | Hits: 64
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....Bureau of Anti‑Corruption lodged a first information report against the petitioners and others alleging, inter alia, that the petitioner and others in collusion with each other by misusing official power caused a financial loss of Taka 1.10 crore to Bangladesh Muktijuddah Kallyan Trust by selling ......…...Opposite Parties Judgment January 5, 2003. Result: The Rule is discharged. Lawyers Involved: AKM Ali, Advocate—For the Petitioners. ABM Waliur Rahman Khan, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 709 of 2003 with Crimina......n and obtained the present Rule. 4. Mr. AKM Ali, the learned Advocate appearing on behalf of the petitioners in both the cases, submits that in the first information report nothing has been specifically mentioned about the participation of this petitioner and he is not even named in the body of t...... Bangladesh Muktijuddah Kallyan Trust by selling its landed property measuring 2 acres of Metal Package Ltd. Dhaka at a price less than the Government fixed rate by passing the decision taken in 61st meeting of the board of trustee. The Bureau of Anti‑Corruption after investigation submitted charg..Category: Criminal Law | Date: | Hits: 93
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....rovisions contained in section 561A of the Code of Criminal Procedure. Section 561A of the Code provides that nothing in the Code of Criminal Procedure shall be deemed to limit or affect the inherent power of the Court to make such order as may be necessary to give effect to any order under this cod......itioner Vs. The State and another……………………Opposite parties Judgment June 3, 2009. Result: The Rule is discharged and Order of stay stands vacated. Cases Referred to- State of Madhya Pradesh Vs. Dr. Krishna Chandra Saksena, 1997 (1) Crimes 5 (SC); Sukumaran Na......on case No.4 dated 11.04.2004 under section 302/34 of the Penal Code corresponding to GR Case No.268 of 2004 pending in the Court of Metropolitan Magistrate, Chittagong, whereupon the Rule was issued calling upon the opposite parties to show cause as to why the proceeding of GR Case No.268 of 2004 n......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
.... are not required to furnish any security as provided under sub‑section (2) of section 32 of the Artha Rin Adalat Ain, 2003. The learned Judge of the Artha Rin Adalat appeared to have exercised his power and jurisdiction beyond the law. 7. In the result the Rule is made absolute. The impugned o......t was decreed in preliminary form and the decree was made final on 11‑10‑98. The respondent bank put the decree in execution in Title Execution Case No.94 of 1998. The property of the judgment-debtor was put to auction sale and that was purchased by the respondent No.1 on 18‑11‑02 at a price......he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ......he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....lished by any law and it has been created only to frustrate the Rule of law and to undermine the Court of justice and Tribunal. Even the Supreme Court of Bangladesh has ceased to have its supervisory power over the Commission and as such the establishment of the Commission is ultra vires of the Cons......awyers Involved: Mr. Tawfique Nawaz, with Mr. A.F.M. Mesbahuddin, Mr. Adilur Rahman Khan, Mr. Md. Asaduzzaman, and Mrs. Kashefa Hussain, Advocates - For the Petitioners. Mr. Salahuddin Ahmed, Attorney General, with Mr. Md. Delower Hossain, Deputy Attorney General, Mr. Zafor Immam, Assistant At......rit Petition No. 6488 of 2008. (An application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh.) Judgment Mir Hashmat Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned “স্বপ্রনোদি......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....tence and other learned Judge dismissed the appeal on maintaining Judgment of conviction and sentence. The appeal has been referred to me as Third Judge by Hon'ble Chief Justice. 4. In exercise of power envisaged under section 429 of the Code of Criminal Procedure (hereinafter referred to as The ......l Huq J Babul..............................Appellant Vs. State..............................Respondent Judgment August 14, 2002. Results: Appeal stands allowed. Case Referred to- Kanta Proshad Vs. State, AIR 1961 Allahabad 438. Lawyers Involved: Prabir Halder, Advoc......hat he investigated the case partially, prepared seizure list, sketch map with separate index. He stated that a local Chowkidar took him and other police to the place of occurrence but he could not recall the said Chowkidar and his name and address. 16. PW 7, a Inspector of Police laid charge s......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....ial Court allowed such custody for ten days. The same was reversed in appeal by the impugned order. Hence the Rule. 4. The learned Counsel appearing for petitioner submits that by exercising power under Section 16A of the Family Court Ordinance, 1985 (briefly as Ordinance), Family Court is ......positeparty. Civil Revision No. 3056 of 2009. (Against the judgment and order dated 16.8.2009 passed by the Additional District Judge, 1st Court, Dhaka in Miscellaneous Appeal No.27 of 2009 as to the custody of children.) Judgment Syed Md. Ziaul Karim J.- This Rule, at the instanc......dge, 1st Court, Dhaka in Miscellaneous Appeal No.27 of 2009 as to the custody of children.) Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff respondent-petitioner calls in question the legality and propriety of the judgment and order dated 16-08-2009 passed by le......ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ..Category: Family Law | Date: | Hits: 171
....f the goods pledged remained with the debtor with the obligation as per contract. Under hypothecation a creditor has a right over the goods belonging to the debtor and such right gives the creditor a power to cause the thing to be sold to recover his dues out of the proceeds. It is also an act of pl....................Appellants
Vs.
Sufia Re‑Rolling Mills and Steel Ltd. and others ...............Respondents
Judgment
August 31, 2004.
Result:
The appeal is allowed.
Cases referred to-
Sahera Bibi and others Vs. Abdul Motaleb and others, 17 DLR 373; Habibullah and others Vs. A ......2,114.21 only with interest at the rate of 18% from the date of institution of the suit until realisation. Connected Civil Rule No. 230(F) of 1999 is discharged and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
..
Category: Civil Law | Date: | Hits: 92
....পাদন করিবেন।”
When translated into English the gist of the section will be as follows:
Section 21(1): “The VAT authority appointed under section 20 shall exercise all powers and shall perform the duties as are conferred and imposed on him by the Act and he shall be e......dul Islam with Nahid Mahtab and Ms. Ayes Morshed, Advocates - For the Respondent No.3.
Writ Petition No.2339 of 1994.
Judgment
K M Hasan J.- The Rule was issued calling upon the respondents to show cause why the amount of Taka 100.53 added as VAT to petitioner’s Telephone Bill of October......the Respondent No.2.
Mahmudul Islam with Nahid Mahtab and Ms. Ayes Morshed, Advocates - For the Respondent No.3.
Writ Petition No.2339 of 1994.
Judgment
K M Hasan J.- The Rule was issued calling upon the respondents to show cause why the amount of Taka 100.53 added as VAT to petitioner...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
.... no action was taken. The petitioners, therefore, obtained this Rule Nisi from this Court. Mr. Md. Abdus Samad Kamal, learned Assistant Attorney General appearing on behalf of respondent No. 1, filed power. He, however, did not file any affidavit-in-opposition controverting the statements made in th......a Bhattacharya and others …….Petitioners Vs. Government of Bangladesh and others……..Respondents Judgment January 5, 2004. Result: The Rule is made absolute. Case referred to- Kazi Kamal Vs. RAJUK and another, 44 DLR (AD) 291. Lawyers Involved: Md. Idrisur Rahman......For Respondent No. 1. Writ Petition No. 4657 of 2003. Judgment Syed Mahmud Hossain J. - This Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the respondents should not be directed to mutat......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ..Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....nce before the Statutory Arbitrator. Nor he had any grievance that the acquisition was not for a public purpose. 14. Close reading of the Ordinance makes it clear that section 7 of the Ordinance Empowers the Deputy Commissioner to make an award of the compensation for the property acquired and/or......n) Present: Md. Abdur Rashid J S Rahman Miah J Animal Protection Society Chittagong ………Appellant Vs. Laxman Chadra Das & others................Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advo......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..Category: Property Law | Date: | Hits: 61
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....ent to take cognizance of such an offence except on the complaint in writing of the Court concerned or some other Court to which it is subordinate. This provision thus puts restriction on the general power conferred upon all Courts of the Magistrate by section 190 of the Code of Criminal Procedure t......d others ....................Accused Petitioners Vs. Md Nurul Islam .......................Opposite Parties Judgment March 1, 2004. Result: The Rule is discharged. Cases referred to- Zakir Hossain and other Vs. State and another, 43 DLR (AD) 102; Mahir Molla and others Vs. St......ase No. 2963 of 2000. Judgment Md. Ashfaqul Islam J. - This Rule arising out of an application under section 561A of the Code of Criminal Procedure at the instance of the petitioners was issued calling upon the opposite party to show cause as to why the proceedings of CR Case No. 31 of 2000 un......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ..Category: Criminal Law | Date: | Hits: 94
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....der section 43 of the Act. 29. In order to appreciate the conflicting submissions of the learned Advocates on the issue, I must first refer to section 43 of the Act. 30. Section 43 of the Act empowers the Court to rectify the register if the name of any person is entered in or omitted from the..................................Petitioner Vs. CA Hamid and Co. Ltd. and others.............Respondents Judgment February 8, 2005. Results: The application is allowed. Cases Referred to- Mohibul Ahsan Vs. Ittefaq Group of Publications, 50 DLR (AD) 138; Ittefaq Group of Publicatio......ation as a permanent director. 10. Such absence of the petitioner necessitated appointment of at least one director to comply with requirements of the Act. The sole surviving director accordingly, called a meeting of the board of directors on 18‑11‑99 for the purpose of induction of a new dir......mpany. 9. It is further stated that directorship of the petitioner stood vacated under section 108 (1)(f) of the Act with effect from 21‑10‑99 as he was absent from attending three consecutive meetings of the board of directors scheduled to be held on 19‑7‑99, 19‑8‑99 and 21‑10‑99..Category: Company Law | Date: | Hits: 232
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