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Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
...., Rotterdam, 34 DLR 356. He placed reliance upon the observation of his Lordship that the Admiralty Jurisdiction of High Court Division can be traced back to clause 26 of the Charter of 1114 by which power was given to the Supreme Court of Bengal to hear, examine, try and determine all causes, civil......¦â€¦â€¦.….Plaintiff Vs. M V Birba and others …………....Defendants Judgment December 12, 1991. Result: This application for return of the plaint is allowed. Cases Referred to- East and West Steamship Co. Vs. Queensland Insurance. Co., 16 DLR (SC) 61; Sadharan Bima Corp......s not in any way helpful to Mr. Yusuf. 11. Mr. Rafiq‑Ul‑Huq has referred to section 1(q) of the Administration of Justice Act, 1956. In that section the provision of general average was specifically inserted. Though that Act is not applicable in our country, yet Mr. Rafiq‑Ul‑Huq submits t......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....er the fall of Ershad Government the detenu maintained silence and did not participate in any kind of political activity put he has been detained for collateral, purposes under colourable exercise of power. The grounds supplied to the detenu am not proper grounds of detention. 4. The respondents ......................Respondents Judgment January 15, 1992. Result: The rule is made absolute. Lawyers Involved: Abdul Malek, Advocate -for the petitioner, AY Salehuzzaman, Deputy Attorney‑General - for the respondents. Writ Petition No. 2631 of 1991. Judgment Abdul Jali......‘General - for the respondents. Writ Petition No. 2631 of 1991. Judgment Abdul Jalil J.- This Rule was issued on an application filed by one Faisal Mahbub, son of the detenu Mahbubur Rahman, calling upon the respondents namely Bangladesh, represented by the Secretary, Ministry of Home Affai......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ..Category: Criminal Law | Date: | Hits: 81
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....ation of materials on record do not call for interÂference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦.............Petitioners Vs. Abdul Momin and others………………………….........Respondents Judgment May 29, 2011. Result: The civil petition for leave to appeal is dismissed summarily. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-......ents, subÂmits that the plaintiffs rectified the defects of parties in the appellate Court and that the defendants miserably failed to prove the alleged auction sale and as such no interferÂence is called for. 12. Admittedly, the trial Court dismissed the suit only on the issue of defect of par......ation of materials on record do not call for interÂference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ..Category: Property Law | Date: | Hits: 73
....d on proper appreÂciation of law and facts and as such call for no interference.
The leave petition is thus dismissed summarily.
Ed.
This Case is also Reported in: VIII ADC (2011) 600.
......For the Petitioner.
Mohammad Shah Alam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 4.
Not repreÂsented-Respondent Nos.1-3 & 5.
Civil Petition for Leave to Appeal No.343 of 2010.
(From the judgment and order dated 26.08.2009 passed by the High Court ......Respondent No.4 has submitted the counter reply against the affidavit-in-reply wherein the statements of affidavit-in-reply were controverted. Respondent No.4 in his affidavit-in-opposition categorÂically stated that the writ petition is not maintainable as the petitioner suppressed the facts in fi......d on proper appreÂciation of law and facts and as such call for no interference.
The leave petition is thus dismissed summarily.
Ed.
This Case is also Reported in: VIII ADC (2011) 600.
..
Category: Employment/Service Law | Date: | Hits: 108
....™s 8 to 11 of the writ petition it is stated that according to the amended Rule 10 of the Rules a Nikah Registrar may be licensed not more than 3 wards in the City Corporation and the Government is empowered under section 4 of the Act to curtail the limits of the area for which a Nikah Registrar may......
Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ………………..Respondents
Judgment
January 13, 1999.
Result:
The Rule is discharged.
Cases Referred to-
Mvi Md. Khurshid Alam Vs. Secretary, Ministry, of Law and Justice and others, 50 DLR (AD) 82......or has also stated that vested rights can arise from contracts, from statutes and from operation of law and he narrates the provision laid down in several cases. But here, in the instant case, we are called upon to decide the question within the narrow compass as to the curtailment of the right accr......rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313...
Category: Civil Law | Date: | Hits: 83
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....on for the penal action. The provision of this Rule being penal in nature, it requires to be strictly construed. In view of the stringency of this provision making room for Drastic consequences, this power should be applied only when the violation of the order of the Court admits of no doubt and the..............................Petitioners Vs. Jasimuddin Ahmed and others…………………Opposite Parties Judgment July 1, 1998. Result: The Rule is made absolute. Case Referred to- Arya Insurance Co Ltd. Vs. Lala Channoolal, AIR 1957 (All) 400. Lawyers Involved: Akram......le on its own motion but can act only on the application of a party. This view appears to be quite in consonance with the provisions of rule 21 of Order 11 of the Code of Civil Procedure which specifically provides that the aggrieved party may complain to the Court for a penal action and the Court m......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310...Category: Property Law | Date: | Hits: 108
.... no occasion for the extinction of the plaintiffs title in the suit property.
30. The learned Courts below placed too much emphasis on Ext. 3 series showing the defendant’s purported exercise of power under section 92 of the State Acquisition and Tenancy Act, 1950 in which the signature of P.W.......ate Division Judgment Here.
Supreme Court
High Court Division
(Civil)
Present:
Gour Gopal Saha J
Hindu Deity Lakshmi Gobinda Jew………………Petitioner
Vs.
Deputy Custodian, Enemy Property (now Vested Property), Government of Bangladesh and others...………..Oppos......perty. In this case, no witness has been examined on behalf of the Government. D.W.1 Aziz serves in the AC Office at Dhaka and he is the alleged lessee of a portion of the Suit property. He has practically no knowledge about the origin of the suit property. D.W.2 Md. Sirajuddin serves in the T&T...... has become enemy property by operation of law. It was also alleged that the suit p was made by the Government as an abandoned property under Section 92 of the State Acquisition and Tenancy Act after meeting all legal formalities and thereafter the suit property was leased out to defendant No.4 and ..
Category: Property Law | Date: | Hits: 102
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....for the purpose of levy of duties of Land Customs and trial of offences shall apply. Section 188 of the Sea Customs Act provides that "Every order passed in appeal under this Act shall subject to the power of revision conferred by section 191 be final". We are to see whether in the above facts and c......que J Bangladesh and another…………………………Appellants Vs. Banarashi Lal Sharaf and others……………………….Respondents Judgment May 12, 1993. Cases Referred to- Sardar Ali and others Vs. 1. The Collector of Customs Karachi 2. The Federation of Pakistan, ......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669...Category: Fiscal/Taxation Law | Date: | Hits: 125
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
.... no ground for reviewing the order passed earlier in Title Appeal No.17 of 1995, the learned District Judge committed no error of law that may justify interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. 7. The learned Advocate for the petiti......aha J.- This Rule is directed against the order dated 1-1-96 passed by the District Judge, Thakurgaon in Miscellaneous Case No.9 of 1995 under Order 47 rule 1 of the Code of Civil Procedure, refusing to review his order dated 25-11-95 passed in Title Appeal No.18 of 1995, arising out of the judgment......dge by his impugned judgment dated 29-3-95 dismissed the suit on contest holding, inter alia, that the suit is bad for defect of parties and that the suit property having not been properly and specifically described in the plaint, The suit is not maintainable in law. Being aggrieved, the plaintiff p......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...Category: Procedural Law | Date: | Hits: 91
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....gistered one, was not evidently executable per se and consequently the action of the learned Advocate Commissioner in dispossessing the petitioners from the suit property in exercise of the purported power given to him by the Execution Court is illegal and consequently the petitioners have no other ......(Md.) and another……………Petitioners Vs. Jinnatul Ferdous and others.………….Opposite Parties Judgment May 4, 1999. Result: The Rule is made absolute. Cases Referred to- Abdul Hamid Vs. Abdul Jabbar, 34 DLR (AD) 208; Devaki Amma Mookambi Amma Vs. Meenakshy Amma, ......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..Category: Civil Law | Date: | Hits: 66
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......fiqul Islam @ Rafiq and others…………………Petitioners Vs. State……………….Respondent Judgment August 3, 1999. Result: The appeal is dismissed. Cases Referred to- Nazir Ahmed Vs. King Emperor, AIR 1936 (PC) 253; Hafizuddin Vs. State 42 DLR 397; Dipok Kumar...... is that on the night following 16-3-1988 informant Md. Abdul Malek Bhuiyan was sleeping with his wife and other members of his family in his west Bhiti hut and at about 12-30 AM his servant A. Baset called out to open the door, but this daughter Selina forbade him to do so whereupon he looked throu......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488...Category: Criminal Law | Date: | Hits: 70
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....we do not find any illegality committed by the learned Subordinate Judge in passing the impugned order occasioning failure of justice so as to justify interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. In the facts of the case, we, therefore, ......lu Mia………………..Petitioner Vs. Md. Nazrul Islam and others………………….Opposite Parties Judgment August 1, 1999. Result: The Rule is discharged. Cases Referred to- Md. Shahidul Alam Khan and others Vs. Md. Gulzar Alam and others, 1984 BLD 21 = 36 DLR 290; M......rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ......rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ..Category: Procedural Law | Date: | Hits: 67
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
.... objector, submits in reply that— (1) review application in question is not entertainable as this Court has no jurisdiction to review its own order, and (2) even if this Court is considered to have power of review under Order 47 rule 1 of the Code of Civil Procedure, since the grounds raised in th......ide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......aforesaid annual general meetings held on 29-9-98 could not be held to have been vitiated even if the balance-sheet, profit and loss account and the director’s report were not approved in a validly called board meeting due to non-service of notice of such board meeting on the objector as a directo......atter No.150 of 1997. Judgment Md. Joynul Abedin J.- The petitioner by this application has sought to review the judgment and order dated 7-2-1999 whereby this Court declared the annual general meetings of the company for the years 1982 to 1997 held on 29-8-1998 null and void and of no legal e..Category: Company Law | Date: | Hits: 186
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
....rity. He further submitted that petitioner having not agreed to the proposal of respondent No.4, Developer for development of waqf land his removal by the respondent No.2 is in colourable exercise of power to award-contract to the said respondent and, as such, the impugned order should be declared w......” For Respondent No.2. Writ Petition No. 1712 of 1998. Judgment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the petitioner Md. Serajuddin Shah calling upon the respondents to show cause as to why Memo dated 6-4-98 issued by respondent No.2 Administrator of Waqfs removing ......r Delwar Hossain, Advocate — For Respondent No.2. Writ Petition No. 1712 of 1998. Judgment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the petitioner Md. Serajuddin Shah calling upon the respondents to show cause as to why Memo dated 6-4-98 issued by respondent No.2 Adm...... that respondent No.4 filed an application to the Administrator of Waqfs proposing to construct a 16-storied building by the side of the Pir Yeameni Waqf Market in the remaining land and thereafter a meeting was held in the Ministry on 18-7-95 presided over by the Secretary and it was decided for de..Category: Trust/Waqf Law | Date: | Hits: 142
Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)
....monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......Judgment May 9, 2002. Result: The Rule is made absolute. Lawyers Involved: Amir‑ul Islam with Aminur Rahman, AdvocatesÂ- For the Petitioner. ABM Waliur Rahman Khan, Assistant AttorneyÂ-General‑ For the State. Criminal Miscellaneous Case No. 5106 of 2002. Judgment M......ral‑ For the State. Criminal Miscellaneous Case No. 5106 of 2002. Judgment Md. Ali Asgar Khan J.- This Rule on an application under section 491 of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the detenu Advocate Md. Matiar Rahman shou......monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ..Category: Criminal Law | Date: | Hits: 69
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
.... Republic of Bangladesh (the Constitution) nor the same created any right in favour of the petitioner, so the same was not implementable by way of mandate by the High Court Division in exercising its power under article 102 of the Constitution. The learned Deputy Attorney General has further contend......ers………............Petitioners Vs. Md. Shafiqur Rahman……..........................................Respondent Order June 23, 2011. Result: Leave is granted. Case Referred to- Md. Hanifullah and others Vs. Secretary, Ministry of Finance, the Government of Bangladesh vi...... Writ Petition No. 3969 of 2009). Order Md. Abdul Wahhab Miah J. - Delay of 265 days in filing the leave petition is conÂdoned. 2. In this petition for leave to appeal, the petitioners have called in question the judgment and order dated the 18th and 19th November, 2009 passed by the High ......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572...Category: Employment/Service Law | Date: | Hits: 86
....e on proper appreciation of laws and facts do not call for interferÂence.
Accordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562.......d others…………..Respondents (In Civil Petition No. 960 of 2011)
Judgment
June 23, 2011.
Result:
The leave petitions are summarily dismissed.
Lawyers Involved:
Mahbubey Alam, Attorney General, with Khurshed Alam Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-R......gh Court Division and the impugned judgments, we find that the facts of all the Writ Petitions including the facts of writ petition No. 1522 of 2004 heard along with 99 other writ petitions are basiÂcally identical. Against the above judgment and order of the High Court Division, LGKD filed Civil A......e on proper appreciation of laws and facts do not call for interferÂence.
Accordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562...
Category: Employment/Service Law | Date: | Hits: 66
Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)
....ial after the suit has been disposed of on merit. If the appellate Court finds that additional evidence is necessary for pronouncing a proper judgment or for any other substantial cause, it has ample power under Order 41 rule 27 of the Code of Civil Procedure to take such evidence himself but that c......ated 31-8-86 passed by the Munsif, Sherpur in Partition Suit No.28 of 1984 decreeing the suit. By this impugned judgment the learned District Judge allowed the appeal and sent back the case on remand to the trial Court for a fresh trial. Being aggrieved by the aforesaid judgment and order, the defen......receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289...Category: Property Law | Date: | Hits: 75
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....einvestigation by the CID at the instance of the charge sheeted accused in violation of the aforesaid laws. We brought to the notice of the DIG CID and Secretary Cabinet Division about such misuse of power by the CID or the Magistrate in Criminal Revision No.447 of 1989 by sending copy of our judgme...... Ali Akbar (Md.)………………..Petitioner Vs. State and others …………………….Respondents Judgment 14 May, 1998. Result: The Rule is discharged. Cases Referred to- 47 DLR 478; 47 DLR 420; Abdul Aziz Vs. Sekand Ali, 50 DLR 111. Lawyers Involved: Khursh......Advocate —For the Opposite Party Nos. 2-7. Criminal Revision No. 3109 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant-petitioner Md. Ali Akbar calling upon the accused opposite parties to show cause as to why judgment and order of acquittal da......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ..Category: Criminal Law | Date: | Hits: 64
....vorces (Registration) Act, 1974 which has no manner of application in case of the petitioner. Another contention has been raised in Writ Petition No.2341 of 1998 to the effect that Government has no power to give temporary appointment of Nikah Registrar directly without the applications being proce......cretary, Ministry of Law, Justice and Parliamentary Affairs, and others………………....Respondents.
Judgment
February 24, 1999.
Result:
The Rules are discharged.
Cases Referred to-
Bangladesh Vs. Azizur Rahman, 46 DLR (AD) 19 paragraph 17; Shafiqur Rahman Vs. Idris Ali, 37 ......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 261.......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 261...
Category: Civil Law | Date: | Hits: 89
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