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Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....ll not in any way entitle the said Court to disregard the spirit of section 526 of the Code. Learned Assistant Attorney General shows from the said Ain that the presiding officer of the Court had the power to grant 3 days' time to the party in such regard to bring stay order from Superior Court, but....... Opposite Party Judgment January 13, 2004. Result: The Rule is made absolute. Lawyers Involved: Rana Kawser, Advocate ‑ For the Petitioner. ABM Waliur Rahman Khan, Assistant Attorney General with Shamima Ara Dura, Assistant Attorney General ‑ For the Opposite Party. Cr......Case No. 188 of 2004. Judgment Md. Abdul Quddus J. - Rule was issued on an application under section 526 of the Code of Criminal Procedure at the instance of accused petitioner Abdul Halim Ukil calling upon State opposite party to show cause as to why the GR case 1079 of 2003 arising out of ......e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281...Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....s, 1973 were framed by the Inspector General of Registration, Bangladesh under section 69 of the Registration Act, 1908; the said section vested the Inspector General of Registration with the general power of superintendence over all registration officers and to make rules consistent with the Act on......For the petitioner. Md Salahuddin, Advocate ‑ For the opposite party. Civil Revision No. 3537 of 1995 Judgment MA Wahhab Miah J. - This Rule was issued calling upon opposite party No. 1 to show cause as to why the judgment and decree dated 10‑08‑94 passed by the Subordinate Judge, ...... Bashiruddin Ahmed, Advocate ‑ For the petitioner. Md Salahuddin, Advocate ‑ For the opposite party. Civil Revision No. 3537 of 1995 Judgment MA Wahhab Miah J. - This Rule was issued calling upon opposite party No. 1 to show cause as to why the judgment and decree dated 10‑08‑94......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ..Category: Property Law | Date: | Hits: 80
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....lls for Court's scrutiny, but the learned Advocate could not point out in this case where the authority did not apply their mind, rather in the said cited decision it has been held that the employers power to discharge an employee from service cannot be questioned. He also cited the case of Banglade......in............... Petitioner Vs. Mir Kashem Bahumukhi High School and others...............Opposite Parties Judgment March 15, 2004 Result: The Rule is discharged. Cases Referred to- SE Kabir Vs. Spencer & Co, (Pak) Ltd and others, 21 DLR 581; Abdul Majid Vs. Bata Shoe Co......or the Petitioner. Abul Kalam Chowdhury with ATM Obaidul Hoque, Advocates ‑ For the Opposite Parties. Civil Revision No. 1708 of 2000. Judgment Mir Hashmat Ali J. - This Rule was issued calling upon the opposite party No. 1 to show cause as to why the judgment and decree dated 28‑10â......ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ..Category: Employment/Service Law | Date: | Hits: 96
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....Advocates of both the parties it is necessary to quote the relevant provisions of the Hindu Law, namely, sections 181A and 181B. "181. Alienations by widow.‑ A widow or other limited heir has no power to alienate the estate inherited by her from the deceased owner except for the following purpo......rooqui with AM Ruhul Quddus, Advocates - For the Opposite Parties. Civil Revision No. 2608 of 1991. Judgment MA Wahhab Miah J. -This Rule was issued calling upon opposite parties Nos. 1‑3 to show cause as to why the judgment and decree dated 26‑5‑1991 passed by the Subordinate Judge,...... Advocate - For the Petitioners. AH Farooqui with AM Ruhul Quddus, Advocates - For the Opposite Parties. Civil Revision No. 2608 of 1991. Judgment MA Wahhab Miah J. -This Rule was issued calling upon opposite parties Nos. 1‑3 to show cause as to why the judgment and decree dated 26‑......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
.... to? 11. The plaintiff in support of his case examined him. The defendants also examined one witness. Papers and documents adduced by plaintiff were marked as exhibit‑1 to exhibit‑10 while one power of attorney dated 6‑10‑86 and another memo dated 10‑3‑79 adduced by the defendants wer.....................................Petitioner Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is discharged. Cases Referred to- BSIC Corporation Vs. Mahbub Hossain, 29 DLR (SC) 41; New Dacca Industries Ltd Vs. Quamrul Hud......ant and continued as such serving the bank to the satisfaction of all. 5. On 9‑9‑81 some central leaders of the Bank Employees Federation were arrested at Dhaka pursuant to a nationwide strike call by the Federation for stopping work from 14‑9‑81. Against such arrest, the bank employees a......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ..Category: Employment/Service Law | Date: | Hits: 174
....urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749.......Electrical IndusÂtries Limited and another…………………Petitioner
Vs.
Sena Kalyan Sangstha and others……………Opposite Parties
Judgment
November 18, 1992.
Cases Referred to-
SK Ghandy Vs. LP Pugh, AIR 1924 (Cal) 598; VN Bhajekar Vs. KH Shinkar and ors, AIR 1934 (Bom......urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749.......by this Court. It appears from a copy of the plaint that the plaintiffs have instituted the suit for the following reliefs:
a) To pass a decree declaring that the notice dated 3.9.92 for the Board meeting held on 7.3.92 is wholly illegal, without lawful authority, void, of no legal effect and mal..
Category: Company Law | Date: | Hits: 181
....' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
.......
Bangladesh, represented by the Secretary, MinisÂtry of Works & others…………………..Respondents
Judgment
July 29, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Rahela Khatoon Vs. Chairman, Court of Settlement and others, 45 DLR 5; Hosne Ara Begum Vs. Ch......
M I Farooqui, Advocate ‑ For the Petitioner.
Md. Saidur Rahman, AAG ‑ For the Respondents.
Writ Petition No.688 of 1989.
Judgment
Mohammad Fazlul Karim J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the enlistment of House No.9/1, Block 'F', Join......' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil RefiÂnery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
.... Sea" (12th Ed) Para 1040. "The shipowner must generally see that the goods are delivered to the person to whom he has contracted to deliver them. That is to say as a rule to the person named as empowered by the bill of lading to make an order or assignment of it." and the case of Stettin (188......ery Industries (Private) Limited…………………Plaintiff Vs. M T Dolores………………Defendants Judgment August 8, 1993. Result: The plaint is returned. Cases Referred to- Stettin (1886‑1900), ASP RMC Vol. 6, 395; Sze Hai Tong Bank Ltd Vs. Rambler Cycle Co. Limit......ty Court such order can be made. This view of mine finds support from the decision in the case of Sakh Steel Industries Ltd. Vs. TSS Pacific Abeto and others 35 DLR 188 (AD). 16. Consequently, I recall the order of arrest and release the ship from arrest on the finding that the plaint was admitte......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....lul Haque Muslim Hall (3) The Dacca Hall (4) The Jagannath Hall (5) The Iqbal Hall and (6) The Women's Hall. Soon after the liberation of Bangladesh the Syndicate of the University in exercise of its power under section 31(2) of the said Ordinance, 1961 amended clause 8(2) of the First Statutes by t......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Syndicate, Dhaka University and others…………….Respondents Judgment March 22, 2004. Result: The Rule is made absolute. Cases Referred to- Kazi Moklesur Rahman, 26 DLR (AD) 44; AIR 1998 SC 602 and 2 AER (CA) 68, Dr. Mohiuddin Faruqu......he Dhaka University, Annexure‑A, adopted in its meeting held on 17‑6-Â1972 changing the name of Salimullah Muslim Hall to Salimullah Hall. 2. Initially, a Rule Nisi was issued on 3‑2‑2003 calling upon the respondents to show cause why the said resolution should not be declared to have be......ng 1963‑67 and the first Secretary General of Hall Alumni Association, filed this writ petition impugning the resolution No.58 of the Syndicate of the Dhaka University, Annexure‑A, adopted in its meeting held on 17‑6-Â1972 changing the name of Salimullah Muslim Hall to Salimullah Hall. 2. ..Category: Civil Law | Date: | Hits: 63
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... unless the word debtor is defined then its ordinary dictionary meaning should be taken and the ordinary meaning of the word debtor is a person who owes money to another. Section 10 has not given the power to the Court to adjudicate any other person other than debtor as bankrupt. The word guarantor ......he Court of Bankruptcy Court and Additional District Judge, Dhaka. 3. The case of the plaintiff‑respondent Bank, in short, is that the Agrani Bank, Gulshan Branch, Granted a loan of Taka 28,6000 to the respondent Nos.2 and 3 and the appellant stood guarantor for the loan. Both the borrowers and......aving not been guarantor of the borrowers for repayment of money borrowed by them, no proceeding under the Act could have been initiated against him. He next submits that the appellant having categorically denied to have signed as guarantor in Exhibit 2, loan application vide its better statement ac...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....' as given in section 2 of the Imports and Exports (Control) Act, 1950 submits that since before the submission of the bill of entry the government put an embargo by a notification in exercise of the power given to it by the said Act prohibiting the import of the goods in question for commercial pur...... Court High Court Division (Special Original Jurisdiction) Present: MA Wahhab Miah J Zinat Ara J Nur Kader (Md.)..............................Petitioner Vs. Commissioner of Customs & others.................Respondents Judgment March 22, 2004. Result: The Rule......and MA Hannan-For the Petitioner. MA Azim Khair, Deputy Attorney‑General-For the Respondents. Writ Petition No.1052 of 2004. Judgment Md. Abdul Wahhab Miah J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 1‑3‑2004 passed by responde......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ...... Revisional Jurisdiction) Present: SM Hossain J Md. Miftahuddin Chowdhury J Azam Reza...............Accused-Petitioner Vs. State..................... Opposite Party Judgment October 2, 2004. Result: The Rule is discharged. Cases Referred to- Ashraf Ali Munshi Vs. ......ellaneous Case No. 3019 of 2004. Judgment Md. Miftah Uddin Choudhury J.- This Rule was issued under section 498 of the Code of Criminal Procedure at the instance of accused-petitioner Azam Reza calling upon the Deputy Commissioner, Dhaka to show cause as to why the petitioner should not be enl......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ..Category: Criminal Law | Date: | Hits: 96
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963....... 620 of 2011). Not represented-For Respondent Nos.2-4 (In Civil Petition No. 620 of 2011). Not represented-For the respondents (In Civil Petition No. 1428 of 2011). Civil Petition for Leave to Appeal Nos. 620 & 1428 of 2011. (From the judgment and order dated 19th January, 2011 pas......harge, of the Artha Rin Adalat No.1, Chittagong was an Additional District Judge, Chittagong and therefore had no authority to pass the impugned orders, since the statute gives the authority specifÂically to a Joint District Judge. 7. The petitioner in Civil Petition for Leave to Appeal No.1428 ......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...Category: Civil Law | Date: | Hits: 59
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: .................... Respondent Judgment February 27, 2012. Result: Leave is granted. Lawyers Involved: Md. Helaluddin Mollah, Advocate - For the Petitioners. Md. Shohrowardi, Deputy Attorney General - For Respondent. Jail Petition No. 17 of 2008 (From the judgment and order dat...... her daughter used to live in Dhaka in the house of his elder son Sree Kumar Rakshit. She asked her elder son, husband and daughter to rush to Chittagong. At about 12.30 p.m. she received a telephone call, in which someone naming himself as Bhola informed her that the beheaded dead body of her son S......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....of action for the plaintiff and such it cannot be said that the plaintiff had got locus standi to file the suit to challenge the decree impugned in the suit. 10. Order 7 rule 11 CPC deals with the power of the Court to reject the plaint on specified grounds. The rejection of the plaint means taki......…Petitioner Vs. Abdus Sattar being dead his heir Momtaz Begum……………………….Opposite Party Judgment June 15, 1997. Result: The Rule is discharged. Cases Referred to- Golam Kader and others Vs. Abdul Khaleque Chowdhury and others, 43 DLR (AD) 107; Noor Banu Vs......9. Lawyers Involved: Md. Marfat Ali, Advocate - For the Petitioner. Not Represented - For the Opposite Party. Civil Revision No. 1593 of 1991 Judgment Gour Gopal Saha J.- This Rule calls in question the judgment and decree dated 1-9-90 passed by the learned Subordinate Judge, Dina......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..Category: Property Law | Date: | Hits: 62
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
....ner after placing the petition and other materials on record submitted that Arbitrator appointed under the provisions of the Co-operative Societies Ordinance, 1984 is not a Court and, as such, has no power to pass ad-interim order of stay or injunction and, as such, the impugned order is wholly ille...... Vs. Secretary-in-charge, Eastern Co-operative Jute Society Limited and others………………Respondents Judgment June 25, 1997. Result: The Rule is made absolute. Case Referred to- Anand Prakash Vs. Registrar, Co-operative Societies, AIR 1968, Allahabad page 22. Lawyers ......nts. Writ Petition No. 1522 of 1992. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Md. Giasuddin, Chairman, the Eastern Co-operative Jute Society Ltd. calling upon the respondents to show cause as to why impugned order dated 22-3-92 passed by the resp......her directors. Thereafter respondent No. 4 on 23-1-92 submitted his resignation from the office of director of the said society and the same was accepted by the Chairman on 16-2-92. Thereafter in the meeting of the Managing Committee of the said society held on 24-2-92 his resignation letter was als..Category: Alternative Dispute Resolution | Date: | Hits: 156
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....in determining the dispute, where it has also been held that those recounting of ballot papers by the Tribunal though not specifically provided in the Election Rules, yet it falls within the inherent powers of the Tribunal, for, it is to decide the election dispute. The secrecy of ballot papers shou......li……………………..Petitioner Vs. Abdul Motalib and others…………………………Respondents Judgment July 6, 1993. Result: The Rule is discharged. Cases Referred to- Md. Shajahan Vs. Md. Sadeq & another, 38 DLR (AD) 275; PLD 1963 (SC) 704; R. Vs. Nat Bell......e sealed packets unless the recounting becomes indispensably necessary in determining the dispute, where it has also been held that those recounting of ballot papers by the Tribunal though not specifically provided in the Election Rules, yet it falls within the inherent powers of the Tribunal, for, ......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....risdiction and in that case in spite of the bar in section 44 of the Ordinance, the civil Court shall have jurisdiction to examine the propriety of the impugned order or the action in exercise of the power vested in it under section 9 of the Code of Civil Procedure. In the instant case his main grie......) 727. ...... correctly understand and appreciate the provisions of sections 43 and 44 of the Acquisition and Requisition of Immovable Property Ordinance by which civil Court's jurisdiction has been excluded from calling in question any order passed or action taken by the Requisitioning or Acquisitioning Authori...... in the year 1986 for construction of Meghna Dhona Goda Bandh by the Government, as a result, the orphanage fell in serious pecuniary hardships and hence the Executive Committee of the Orphanage in a meeting held on 4.7.87 decided to make a prayer for acquisition of the land concerned for digging ou..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....roperty at Rangpur town and that they took decision to get the property of Amar Chandra Saha at Rangpur town by way of exchange of their properties in India and accordingly both the brothers executed power of attorney in favour of their elder brother in India. Said Amar Chandra Saha executed a power......rafat Hossain……………………..Petitioner Vs. Dr. Islamuddin…………………..Opposite Party Judgment August 27, 1992. Result: The Rule is discharged. Cases Referred to- Mohori Bibi and another and Dhurmadas Ghose, Indian Appeals Vol. 30 page 115; Jasimuddin Khan......Chhana and Momtazuddin Fakir, Advocates ‑ For the Opposite Party. Civil Revision No.443 of 1986 (Rangpur) Civil Revision No.5012 of 1991 (Dhaka) Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and decree dated 31.5.86 and 7.6.86 res......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ..Category: Property Law | Date: | Hits: 74
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
.... 'D' is a notification of the Rules published in the Dhaka Gazette by the then Government of East Pakistan Home (Transport) Department dated 7.1.60. This notification was published in exercise of the powers conferred by section 25 of the East Pakistan Inland Water Transport Authority Ordinance, 1958......tions) Vs. Chairman, BIWTA and others …………………………Respondents (In all Writ Petitions) Judgment April 29, 1992. Result: The Rules are discharged. Cases Referred to- BSI Corporation, Dhaka Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; Md. Sekander Hossain Vs.......110 of 1988. and Writ Petition No.332 of 1991. Judgment Mainur Reza Chowdhury J.- At the instance of the petitioner Md. Wahiduzzaman a Rule Nisi was issued in Writ Petition No.54 of 1988 calling upon the respondents to show cause, why the order dated 7.12.86 (Annexure D) and the subsequ......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..Category: Employment/Service Law | Date: | Hits: 116
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