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Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....lers. 4. It appears that by SRO No.119 dated 18-6-87 published in the Bangladesh Gazette Extraordinary dated 25-6-87 that the Government amended earlier SRO No. 233 dated 27-6-1986 in exercise of power under section 12A(1) of the Excise and Salt Act, 1944 and totally exempted MS Products of Clas...... Industry Ltd……………..Petitioner Vs. Government of Bangladesh and others…………..Respondents Judgment July 24, 1997. Result: The Rules are discharged. Cases Referred to- Patel India (Private) Limited Vs. Union of India, AIR 1973 (SC) 1300; Shiv Shanker Dal Mills ...... Writ Petition No. 3071 of 1992. Judgment Kazi Ebadul Hoque J.- Rule in Writ Petition No.3069 of 1992 was issued at the instance of the petitioner Tamanna Steel Galvanizing Industry Limited calling upon the respondents to show cause as to why impugned judgment and decision of the National ......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Mirza Ashfaque Hossain and another Vs. Md. Ashraful Alam and others, 2011, 40 CLC (AD)
....in that the President of the Governing Body of the College is nominated by the authority of the National University and according to section 16 of the General Clauses Act the nominating authority has power to withdraw the nomination. 7. Mr. M. Amirul Islam, learned counsel appearing on behalf of ...... (In Civil Petition No.803 of 2011.) M. Amirul Islam, Senior advocate, Advocate instructed, by Md. Shamsul Alam, Advocate -on-Record-For respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 2311 of 2010 and 803 of 2011. (From the judgment and order dated 25.04.2010 passed......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ..Category: Others | Date: | Hits: 153
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....sions, the Government would not be able to employ persons in the other posts of the Council without first consulting the Council which is unconstitutional inasmuch as it has curtailed the executive power of the Government in derogation of article 133 of the Constitution. Section 28 of Act Nos.9, 1......) Vs. Md. Badiuzzaman and others.......................Respondents (In both the cases) Order March 3, 2011. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General with Murad Reza, Additional Attorney General Korunaymoy Chakma, Deputy Attorney Gener......to as the writ-petitioner) under article 102 of the Constitution of the People's Republic of Bangladesh, Rule Nisi was issued by the High Court Division in Writ Petition No.2669 of 2000 on 29.05.2000 calling upon the respondents to show cause as to why Sections 3, 4(KaKa), 4(Kha), 5, 6(Uo), 7 and 11......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..Category: Constitutional Law | Date: | Hits: 219
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....for passing an order of mandatory injunction. Mr. Bhuiyan has submitted that the plaintiffs are in management of the affairs of the committee. Mr. Bhuiyan lastly submitted that the Court has inherent power to pass an order of injunction. Mr. Bhuiyan in support of his contention has referred to 35 DL......ers Vs. AKM Shamsuddin & others..........……………………………………Opposite Parties Judgment November 30, 1995. Result: The rule is discharged. Cases Referred to- AIR 1956 (Cal) page 428; 35 DLR (AD) 42. Lawyers Involved: Ziaur Rahman Khan, Advocate......ng him to withdraw his letter on 12‑1‑95. 7. It has been further stated in the revisional application that in view of an emergency situation having arisen the Bangladesh Sarak Paribahan Samity called an emergency meeting on 19‑1‑95 to discuss the situation in details and at the end of thi......is letter on 12‑1‑95. 7. It has been further stated in the revisional application that in view of an emergency situation having arisen the Bangladesh Sarak Paribahan Samity called an emergency meeting on 19‑1‑95 to discuss the situation in details and at the end of this thorough discussio..Category: Civil Law | Date: | Hits: 85
Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)
...., we find there is no bar in preferring a revision by an informant against an order of acquittal in a GR case if the State did not prefer any appeal against such order. As regards the exercise of the power of revision against an order of acquittal, the only bar is that the revisional court cannot co......Petitioners Vs. State and another……………………………………………..Opposite Parties Judgment November 14, 1995. Result: The Rule is discharged. Case Referred to- Kashem Ali Vs. The State & others 1989 BLD (AD) 13. Lawyers Involved: Ayenuddin, Ad......terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ......terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ..Category: Criminal Law | Date: | Hits: 82
....period of detention of 120 days vide order of the Government dated 6-11-93 as illegal, the subsequent order of the Government dated 1-12-93 was clearly a mala fide action and a colourable exercise of power. He further submits that the grounds taken by the detaining authority for the subsequent order.....................opposite parties
Judgment
January 6, 1994.
Result:
The Rule is made absolute.
Lawyers Involved:
Alaluddin, Advocate‑For the Petitioner.
M. Shamsul Alam, Deputy Attorney‑General‑For the Opposite Parties.
Criminal Miscellaneous Case No. 1954 of 1993.
Jud......f the Code of Criminal Procedure, the detention of one Md. Nazimuddin, son of Kumaruddin of 10/2 Sayedabad, Police station Demra, District Dhaka now detained in custody in Dhaka Central Jail has been called in question.
2. The detention of the detenu, Md. Nazimuddin, has been challenged by the pe......opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 57.
..
Category: Criminal Law | Date: | Hits: 69
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ...... Md. Zahangir, Advocate on Record - For the Petitioner. Md. Nurul Islam Chowdhury, Advocate on Record - For Respondent Nos. 1-3. Not represented Respondent Nos. 4-6. Civil Petition for Leave to Appeal No. 191 of 2010 (From the judgment and order dated 18th November, 2009 passed by the Hi......e shifted into the suit land and the induction of tenants all on a single morning was not believable. The High Court Division came to a finding that none of the P.Ws. were natural witnesses of the so-called factum of dispossession and no one from the neighborhood had come forward to support the case......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 70
....t authorised to relieve the petitioner as he had been nominated by the Senate and appointed by the then Chancellor in accordance with law. It is further stated that since the Chancellor had no direct power and since there is no provision in the University Act itself for removal of the petitioner, th......……Petitioner
Vs.
Chancellor of Rajshahi University, Rajshahi & others………………Respondents
Judgment
July 1, 1997.
Result:
The Rule is discharged.
Cases Referred to-
Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Technology, 45 DLR 333;......torney-General - For Respondent Nos. 1 and 2.
SR Paul with Shamsul Huq Siddiqui - For Respondent No.4.
Writ Petition No.1067 of 1997.
Judgment
Md. Mozammel Hoque J.- This Rule was issued calling upon the respondents to show cause as to why the impugned Memo No. Sha. 15/2 Rabi-1/97/31 da......ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1...
Category: Employment/Service Law | Date: | Hits: 158
State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)
....ainst the accused respondent No.1 under section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) for causing monetary loss of Tk.20,43,250/- to the Dhaka Shishu Hospital by abusing his power. 4. On 15.01.2009 the case record of Shahbagh Police Station Case No. 22(10)08 was placed ......ioner Vs. Dr. A.Z.M. Zahid Hossain and another.................... Respondents Judgment February 26, 2012 Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Sufia Khatun, Advocate on Record - For the Petitioner. Mvi. Md. Wah......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 92
....nala, 1991 on the following among other grounds that the authority has no authority to terminate an employee without issuing a notice and that the said rule enables the writ respondents to exercise power arbitrarily against an employee without assigning any reason whatsoever.
3. The writ-respon......Surendra Kumar Sinha J
Arun Chandra Das and others………….........Petitioners
Vs.
Chittagong Port Authority, Bandar Bhaban, Chittagong and others..............Respondents
Order
October 6, 2010.
Result:
Leave is granted.
Case Referred to-
Bangladesh Parjatan Corporati......d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
......d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
..
Category: Employment/Service Law | Date: | Hits: 97
Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)
....s the deed of 1928 is set aside. 6. Mr. Mahmudul Islam, learned counsel appearing for the petitioners contended that the High Court Division exceeded its jurisdiction in exercise of his revisional power in interfering with the concurrent findings of fact arrived at by the Courts below that the de......e CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Sukendra Bikas Das and others ............Petitioners Vs. Anil Baran Das and others…………………..Respondents Order October 27, 2010. Result: Extension of stay order is granted. Lawyers Involved: Mahmudul I......pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ......pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ..Category: Property Law | Date: | Hits: 74
Bangladesh Water Development Board Vs. Md. Shafiqul Islam and others, 2010, 39 CLC (AD)
....titioners arc permitted to add the additional grounds. The order of status-quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752.......Supreme Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Bangladesh Water Development Board, represented by its Director General, WAPAD Bhaban, Motijheel C/A, Dhaka and others..........Petitioners Vs. Md. Shafiq......titioners arc permitted to add the additional grounds. The order of status-quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752.......a holders will avail higher scale-II at the rate of Tk.2,560/- of the pay scale of 1997. On behalf of the writ-petitioners different representations were made including to the then Prime Minister for meeting their demand of pay scale in grade No. II. Their representations were recommended for implem..Category: Employment/Service Law | Date: | Hits: 94
....n remand to the trial Court with a direction to dispose of the same after "investigation of the suit land by appointing another Advocate Commissioner" to ascertain the suit land invoking the inherent power under section 151 of the Code of Civil Procedure. Mr. Islam has further contended that the ord......ior Advocate instructed by A.K.M. Shahidul Islam, Advocate-on Record-For Respondent No. 3 (c).
None represented-For Respondent Nos.1-2, 3(a)-3(b) and 3(d)-3(e), 4-13.
Civil Petition for Leave to Appeal No. 538 of 2009.
(From the judgment and order dated the 28th and 29th days of October,......local investigation of the suit land by appointing another Advocate Commissioner invoking inherent power of the Court under section 151 of the Code of Civil Procedure, therefore, no interference is called for by this Court with the impugned judgment and order.
8. We have gone through the judgme......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
..
Category: Property Law | Date: | Hits: 83
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
.... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......howdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record-For Respondent No.1 None represented-For Respondent Nos.2-3. Civil Petition for Leave to Appeal No. 460 of 2009. (From the judgment and order dated the 10th day of August, 2008 passed......h Court Division decreed the suit setting aside the judgment and decree passed by the appellate Court and thus, committed error of law in passing the impugned judgment and order and as such, the same calls for interference by this Court by way of granting leave. 7. Mr. Bibash Chandra Biswas, lear...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ..Category: Property Law | Date: | Hits: 62
Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)
....Board is a statutory Organization governed by Technical Education Act, 1967 and the Government made Regulation and Rules from time to time. The Chairman of the Board as Chief Executive shall have the power to appoint staff on temporary basis for a period not exceeding 6 (six) months and by this law,......echnical Education Board represented by the Chairman Agargaon, Shere Banglanagar, Dhaka.........................Petitioner Vs. Md. Anamul Haque and others…….......Respondents Order October 6, 2010. Result: The order of status-quo granted earlier be extended till disposal of th......s originally entered into Master Roll basis, they were subsequently offered contractual appointment. The authority published second advertisement in an issue of daily Ittefaq in which they had specifically stated that those who had previously applied in response to the earlier advertisement need n...... of the Paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ..Category: Employment/Service Law | Date: | Hits: 133
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....rd the revision though found that miscellaneous appeal in question filed before the District Judge, was incompetent, yet it “ratified" the order passed by the District Judge invoking the inherent power of the Court as mandated in section 151 of the Code of Civil Procedure (the (Code), hence......For the Petitioner. Shaheed Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.2. None represented-For Respondent No.1. Civil Petition for Leave to Appeal No. 124 of 2010. (From the judgment and order dated the 8th day of November, 2009 passe......ovember, 2009 passed by the High Court Division in Civil Revision No.1080 of 2009). Judgment Md. Abdul Wahhab Miah J. - In this petition for leave to appeal the judgment-debtor-petitioner has called in question the propriety of the judgment and order dated the 8th day of November, 2009 passe......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..Category: Civil Law | Date: | Hits: 108
Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)
....ance on the decisions reported in 40 DLR 509 and 44 DLR 112. 4. Mr. Azizul Huq, the learned Advocate appearing on behalf of informant opposite party No.1, submits that the revisional Court has the power under section 439A of the Code of Criminal Procedure to pass any direction for correcting the ......the Opposite Party No.1. Criminal Revision No. 3155 of 1991. Judgment Mahmudul Amin Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner Munshiganj and opposite party No.1 to show cause why the order dated 20.10.92 passed by the learned Sessions Judge, Munshiganj in Crimi......man, Advocates ‑ For the Petitioner. Azizul Huq, Advocate ‑ For the Opposite Party No.1. Criminal Revision No. 3155 of 1991. Judgment Mahmudul Amin Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner Munshiganj and opposite party No.1 to show cause why the order ...... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ..Category: Criminal Law | Date: | Hits: 67
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....Lord Denning. Lord Denning in this book‑ Due Process of Law, dealt with this matter in the following manner: "Disobedience to an order of the Court. Strict Proof: One of the most important powers of a Court of law is its power to give orders. Very often it has to make an order commanding ......n J Rafiqul Hossain @ Ranaesh and another....................Petitioners Vs. Lal Mohan Saha and others....................Opposite Parties Judgment December 19, 1991. Cases Referred to- Mawazzam Ali Khan and others Vs. Shobash Chandra Pakrashi and another, 1927 Cal. 598; Mamtaz ......sed order in this case." In the fight of the aforesaid observation I am of the opinion that where an order of temporary injunction is made in the negative form the violation of such order does not call for an action for disobedience under Order 39, rule 2(3) CPC. 8. Dr. Hossain further referre......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....that the appellant was entitled to recover Tk. 20,40,712.06 from the respondent. 7. Dr. Kamal Hossain contends first, that if the Court takes a different view from the Arbitrator, the Court has no power to rectify the award unless the award is bad on the face of it and manifestly exposed to error......bria and Associates Ltd…………………Appellants Vs. Bangladesh Agricultural Development Corporation……………………Respondents Judgment September 6, 1992. Cases Referred to- Executive Engineer Irrigation, Golimala and others Vs. Abnaduta Jena, AIR 1988 (SC) 1520; Mes...... observed: "I can get rid of this last question (of interest) at once. In Podar Trading Co Vs. Tagher (1) the Divisional Court answered the same question in the negative. Whether or not I am technically bound by a decision of the Divisional Court, I propose to follow this one as a recent and auth......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ..Category: Alternative Dispute Resolution | Date: | Hits: 156
....s "shall", that is the government is bound to revoke the order of detention and release the detenue, if the Advisory Board does not "recommend the detention; and section 13 thereof gives the absolute power to the Government to revoke or modify the detention order at any time, which is an independent......er
Vs.
Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs.....................Respondent
Judgment
March 1, 2004.
Cases Referred to-
Md. Anowar Hossain on behalf of detenu Chittaranjan Guha Vs. State, 29 DLR 15; Calcutta Dock ......cate‑For the Petitioner.
Md. Abdul Quadir Talukder, Assistant Attorney-General‑For the Respondent.
Writ Petition No. 194 of 2004.
Judgment
Abdus Salam Mamun J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Manik alias Farukul Islam, son of Mo......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32...
Category: Criminal Law | Date: | Hits: 64
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