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Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327....... noticed in so many cases that without considering any merit of a case on the basis of recommendation of police, detention order is made. A person cannot be detained by such irresponsible exercise of power. The power under section 3(2) of the Special Powers Act as given to the District Magistrate ca......desh and others…….Respondent Judgment March 3, 2000. Result The Rule is made absolute. Lawyers Involved: Murad Raza, Advocate‑For the Petitioner. Zaman Akhter Assistant Attorney‑General‑For the State. Writ Petition No. 1153 of 2003. Judgment Md. Hamidul Haqu......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327...Category: Criminal Law | Date: | Hits: 55
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......er in the facts and circumstances of the case the teamed Tribunal was justified in finding that the executives of the assessee manage the affairs of the Bangladesh business and that full management power has been delegated to them by the head office in UK. 4. Whether in the facts and circumst...... the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......the averment into writ petition that the petitioner filed an application invoking Article 15 of PO 16 of 1972 before the Deputy Commissioner, Chittagong for releasing this property in exercise of his power as 'prescribed authority' constituted under PO 16 of 1972. This averment is in paragraph 5 of ...... Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others……..Respondents. Judgment March 28, 1993. Case Referred to- 43 DLR 139. Lawyers Involved: MI Farooqui with M. Salem Ullah, Advocates ‑ For the Pe......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......ddin Sarker J Kazi Ebadul Hoque J Narendra Nath Biswas…………………Appellant. Vs. Sunil Kumar Biswas………………Respondent Judgment August 1, 1993. Cases Referred to- 35 DLR (AD) 315; Smt. Jaswant Kaur Vs. Smi. Amril Kaur, AIR 1977 (SC) 74; Parash Chandra Bhow......r submitted that when due execution of the will in question has been proved, delay in praying for the probate cannot be said to be suspicious circumstances, nor can disentitle the plaintiff from the grant of the probate. On the other hand, Mr. Bivash Chandra Biswas, learned Advocate appearing for t..Category: Property Law | Date: | Hits: 78
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......ed by that Court he brought the instant suit in a different Court. According to him, this subsequently filed suit is an abuse of the process of the Court and the Court can in exercise of its inherent power reject the plaint on this ground as rule 11 of Order 7 CPC is not exhaustive. Mr. SR Pal, the ......………………Petitioner Vs. Kazi Abdur Rouf, Chairman and others………………………Opposite Parties (Civil Revision No.713 of 1993) Judgment June 27, 1993. Cases Referred to- Narayan Sankar Vs. Secretary of State for India, 30 Bombay 570; Rani Harsamukhi Sinha Vs. Moh...... defendant opposite party Serajul Hoque wherefrom it is clear that the learned Assistant Judge passed the impugned order dated 24.2.1993 with a clear knowledge of the order of Stay of his proceedings granted by this Court on 22.2.1993 in Civil Revision No.482 of 1993. In the affidavit it is stated t..Category: Civil Law | Date: | Hits: 104
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ...... Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and Another……………………Respondents Judgment May 19, 1993. Case Referred to- Government of Bangladesh Vs. Basharatullah, 40 DLR 554. Lawyers Involved: Md. Matiar Ra......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......ust, 1990 and as per section 12 Rabitat was required to deposit compensation within one year from the date of final decision regarding acquisition. This is the requirement of law and the Court has no power to hold otherwise. In Subash Chandra Das, M.H. Rahaman J. argued: "The provision of section......rs………….Appellants (In Civil Appeal No.60 of 2006) Vs. Rabit-Al-Alam-Al-Islami and others…………….Respondents (In both the appeals) Judgment July 14, 2010. Cases Referred to- Chandavarkar Sita Ratna Rao Vs. Ashalata S. Guram, AIR 1987 SC 117; South India Corpn. (P) Lt...... in view of the change in law on the same subject. In the earlier decisions it was held that contracts and agreements, such as the one held by the petitioner from were 'in essence and effect licences granted to the transferees to cut, gather and carry away, the produce in the shape of the tendu leav..Category: Property Law | Date: | Hits: 93
Sylhet Moulvi Bazar Motor Malik Group and another Vs. Ataur Rahman and others, 2008, 37 CLC (AD)
....ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ...... 7. The learned Counsel appearing for the petitioners submits that the High Court Division has erred in discharging the Rule and affirming the decision of the courts below without comprehending the power of the Courts in a Rent Deposit Case. 8. He further submits that because of the observation......off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ......ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ..Category: Property Law | Date: | Hits: 58
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ...... such value not exceeding (one lac taka) as may be specified in the notification). (Provided that the (Government) may, by notification in the Official Gazette, delegate to High Court Division its powers under this section)." 12. Under section 19 of the Act an Assistant Judge has pecuniary jur......emo of appeal before this Court on 27.6.91 against the judgment and decree passed the aforesaid Money Suit No.528 of 1991. The Stamp Reporter gave a note dated 20.7.91 and returned the Memo of appeal to Mr. Md. Ozair Farooq, the learned Advocate for the appellant Abul Kalam Azad (defendant No.5). ......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......al laws is deprecated. The main thrust is whether if the process of the Court of law constituted under the general law is being abused, a writ of certiorari is maintainable. The High Court Division's power under writ jurisdiction to quash criminal proceedings should be exercised sparingly in rares...... ..................................................Petitioners Vs. Md. Enayetur Rahman and others …….........................Respondents Judgment February 28, 2011. Cases Referred to- State of Goa and others Vs. A.M. Jaffar and sons, (1996) 7 SSC 79; S.S. Jain Samiti Vs. Manag......of jurisdiction in quashing the entire proceedings. Since the trial of the case has been withheld for the last four years, we are of the view that it is a fit case, in which, this Division instead of granting leave dispose of the matter with observations. The judgment of the High Court Division is s..Category: Anti-Corruption Laws | Date: | Hits: 214
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
.... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ...... the year 1987 the Board of Director of the Academy, in its 15th meeting held on 19-12-1987 (Annexure-K), formulated the regulations regarding the service of the employees of the Academy, wherein the power to impose punishment like discharge, force retirement, termination etc. in respect of the Clas......ioner Md. Abdul Majid while posted as Assistant Librarian in the বগুড়া পল্লী উন্নয়ন একাডেমি, a Class II post, was discharged from the service by the Director General of the বগুড়া পল্লী উন্নয়ন একাডেমি Challeng...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ..Category: Employment/Service Law | Date: | Hits: 64
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......ts are not too satisfactory and also I am annoyed with the conduct of RAJUK, erstwhile DIT but since these appeals are from original decree, section 107 of the Code of Civil Procedure gives mandatory power to determine a case finally, as the Appellate Court, shall have the same powers and shall pe...... Hashem.........................................................Appellant Vs. Shamsul Kabir Humayun Reza and anothers.............Respondents Judgment February 10, 2011. Cases Referred to- Ejhar Miah Vs. Shaher Banu, 2 BLC AD 20=49 DLR (AD) 85; 4 BLC (AD) 191; 39 DLR (AD) 237; AIR ......erformance of Contract. 31. Section 12 of the Specific Relief Act speaks what are the contracts to be specifically performed. Section 22 of the Specific Relief Act gives discretio of the Court in granting specific performance of a contract. Discretion to be exercised judicially not arbitrarily, ..Category: Property Law | Date: | Hits: 100
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......ming that he was the owner of the suit land on the basis of f9ur deeds and the Khatian was also prepared in his name. Subsequently, he sold the second schedule land measuring an area of 0028 decimals to the defendants by registered kabala dated 10th December, 1965. Thereafter, the defendants attempt......o see that there has been mistake in framing the instrument and also ascertain the real intention of the parties executing it. If these two elements are satisfied, it is in the discretion of Court to grant rectification. 8. To adjudge a deed as has been created by practicing fraud, the plaint sho..Category: Property Law | Date: | Hits: 49
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......and point out their duty in every particular case that conies before them. Courts of law are essential to act and assume their role as guardians of the rule of law. It is said that source of judicial power is the law but, in reality, the effective exercise of judicial power originates from two sourc...... Sinha J Lt. Col. M. A. Mannan (Retd.)………………Appellant (In both the cases) Vs. Social Investment Bank Ltd. and Others …………Respondent (In Civil Appeal No.48 of 2006) Doctor J. H. Gazi and Others……………………Respondent (In Civil Appeal No.49 of 2006) Judgm......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518...Category: Civil Law | Date: | Hits: 90
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....ন।” (emhasis supplied). 25. The phrase "কমিশন যদি মনে করে যে" used in Rule 11, and the similar expression used in Rule 8 of the ACC Rules, 2007 have conferred discretionary power in the ACC to decide as to whether it would allow the accused person an opportun......ক্ষ কমিশন হইবে।" 15. Indeed, subsection (2) of section 3 of the Act lays down the condition subject to which the ACC has been created and it has been vested with certain powers and discretion. Sub-section (2) of section 3 of the Act guides the exercise of all the powe......nt: Md. Shamsul Huda J Md. Rezaul Hasan J Md. Obaidul Kader ............. Petitioner Vs. The State ..................... Opposite party Judgment: May 11, 2011. Cases Referred to- Rahit Pulp Paper Mills Vs. Collector of Central Excise, AIR 1991 SC 754; Indu Bhushan Chatter......spect of acts or and deeds done in bad faith. 18. Subsection (2) of section 3 does not vest, either expressly or impliedly, any power or discretion in the ACC to be exercised in a biased manner in granting sanction to submit charge sheet or in launching a prosecution, as has been done in this par..Category: Criminal Law | Date: | Hits: 111
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242....... such the finding and decision in reversing the Judgment and decree of the trial Court calls for no interference by this Court. 13. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure has been laid down in several judicial pronou......Dabirush Shan J Hemayetuddin and others ......................... Petitioners Vs. Md. Shahjahan Miah and others .............. Opposite Parties Judgment June 3, 2009. Cases Referred to- Golzar AH Pramanik Vs. Soburjan Bewa being dead her heirs Md. Yakub Ali Khan and others, 6 B ...... is called for in Revision under section 115(1) of the Code of Civil Procedure. In the result, the Rule of C.R. No. 633 of 2005 is discharged without any order as to the cost. The order of stay granted earlier by this Court at the time of issuance of the rule is hereby vacated. Lower Court'..Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......d against him his been answered by holding that in such a case sanction for prosecution was not necessary." 19. Third point agitated and calls for our consideration relates to the jurisdiction and power of the Special Judge to take cognizance of a case by way of framing charge under section 5(1)(...... Muhammad Abdul Mannan J HM Ershad ................................Petitioner Vs. The State .............................Opposite Party Judgment September 23, 1992. Cases Referred to- Saber Ahmed Vs. Manzur Mia ad others, 35 DLR 213; State Vs. Md. Safikul Islam, 40 DLR 310; 17......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......an then refers us to the case of Altaf Hossain Vs. Abdul Quashem reported in 45 DLR (AD) 53 wherein it has been held, "In our legal system relating to election also the Election Commission's inherent power under the provision of superintendence, control and direction' should be construed to mean pow......l Haque Chowdhury J KM Hasan J Mamtajul Karim……………Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment June 17, 1993. Case Referred to- Aftaf Hossain Vs. Abdul Quashem, 45 DLR (AD) 53; AFM Rashid Vs. The Election Commission and o......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527....... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527....... Present: KM Hasan J Sher Mohammad and others………………..Petitioners Vs. Saroda Bala Sen and others………………Opposite Party Judgment March 2, 1993. Cases Referred to- Mst. Jahanara Begum Vs. AL Md. Shamsul Haque, 27 DLR (AD) 129; 1977 AIR, Orissa 184; 1925 AIR......e written statement will not be available under section 111(g) (2) of the Transfer of Property Act, causing the determination of tenancy by forfeiture. Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. Th..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ...... 12. Before we take up the question for consideration as to whether the impugned judgment and order of conviction and sentence should be quashed or not, it will be necessary to see the extent of power, scope, principles and categories of cases in which High Court Division may invoke its power a...... The State………………………………………………………….Opposite party (In both cases) Judgment May 26, 2011. Result: The Rules are made absolute. Cases Referred to- Sher Ali (Md.) and others Vs. The State, 46 DLR (AD) (1994)67; Quader Chowdhury Vs. The State......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ..Category: Criminal Law | Date: | Hits: 86
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