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....of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......178.......of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178...
Category: Employment/Service Law | Date: | Hits: 62
.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176.......used to live with his mother. At the relevant time he earned a lot. There is a provision of Cinema Law that to bring a cinema print through any body without going by himself, it can be done through a power of attorney executed on five taka stamp paper, given by the director of the Cinema Hall to bri......
Bivash Chandra Biswas, Advocate-on-record-For the Petitioner.
Md. Aftab Hossain, Advocate-on-record-For the Respondent No.1.
Not represented- Respondent No.2-3.
Civil Petition for Leave to Appeal No.1055 of 2008.
Judgment
MM Ruhul Amin CJ. - This petition for leave to appeal is d...... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176...
Category: Property Law | Date: | Hits: 70
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......take advantage of those GOMs. which came into existence long subsequently and say that the petitioners have no right of renewal under the said two Government Orders. In that case there was no lack of power of the State Government to keep its promise. That case rests on different contexts and disting......preme Court
High Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
National Engineers Ltd.…………Petitioner
Vs.
Director, Military Lands and Cantonment Directorate and others ……..Respondents
Judgment
August ......res which, however, subsequently was reduced to 7.93 acres by the Ministry of Defence by Memo. No.18/285/L/SO(A)/63/1178/D‑5/69 Annexure‑2 on 3rd May, 1969. And lease to M/s. Durms Metal Ltd. was granted for 20 years with effect from April, 1963. After emergence of Bangladesh in pursuance to the..
Category: Property Law | Date: | Hits: 92
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......idence on record and are based on correct principle of the appreciation of the evidence. I find no illegality in the impugned judgment to call for any interference by this Court exercising revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. ...... DLR 208; Abul Hossain Vs. Amjad Hossain, 62 DLR (AD) 436; Hridoy Ranjan Day the another Vs. Niranjan Dey and others in 6 MLR (AD) 26=54 DLR (AD) 16. Lawyers Involved: Salma Rahman, Assistant Attorney-General with Towhida Khntun, Assistant Attorney-General-For the Petitioners. Rezina Mahmud......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
....ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
...... 6504 of 2009. The learned Advocate drew our attention to the following observations made in that judgment:
“We have examined section 13 of Artha Rin Adalat Ain, 2003. This section has conferred power or jurisdiction upon the Artha Rin Adalat to dispose of the suit without holding trial only wh......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦petitioners
Vs.
The Government of People’s Republic of Bangladesh and others…………Respondents
Judgment
June 1, 2011.
Cases Referred to-
Md. Arfan Uddin Akand with Mr. Kamal Uddin Akand Vs. Joint District Judge and Arth......n made above we hold that the present writ petition is not maintainable.
We find no merit in this Rule.
In the result, the Rule is discharged without any order as to costs.
The order of stay granted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once..
Category: Civil Law | Date: | Hits: 147
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......Court has rightly rejected the application. 13. In the case of Md. Shamsul Huda Vs. Mozammel Hoque, reported in 26 DLR 319 wherein a Division Bench of this Court has held: "Order 11, rule 21 empowers a Court to strike out the written statement of a defendant and to place him in the same posit......risdiction) Present: Mahfuzur Rahman J Ansar Ali……………….Petitioner Vs. Yeasin Mea and others……………..Opposite Parties Judgment July 27, 1993. Case Referred to- Md. Shamsul Huda Vs. Mozammel Hoque, 26 DLR 319. Lawyers Involved: Khondker Saiful Hoqu...... to any party at his discretion who seeks adjournment and referred the Civil Rule No.127 in Chapter VII of Civil Rules and Orders wherein it has been provided that: "Except where an adjournment is granted with the consent of all parties concerned or where an adjournment is necessitated by the bus..Category: Procedural Law | Date: | Hits: 68
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......o the granting of the letter of administration under sections 10 and 11 of the Administrator General's Act, 1913 and on 10.6.87 the District Judge, Manikganj granted the letter of administration with power "to sell the ruined and dilapidated building and old furniture and fixtures of the said charit......
High Court Division
(Civil Appellate Jurisdiction)
Present:
Mainur Reza Chowdhury J
Hemendra Lal Homoeopathic Databya Chikitshalay and another………Appellants
Vs.
The Administrator General and Official Trustee...................Respondent
Judgment
January 16, 1991.
La......rar Reza with Mirza Hussain Haider, Advocates ‑ For the Respondent.
Appeal from Original Order No.2 of 1988.
Judgment
Mainur Reza Chowdhury J.- This appeal is directed against an order of grant of letter of Administration in favour of the Administrator General by the District Judge, Mani..
Category: Trust/Waqf Law | Date: | Hits: 183
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......2 are the daughters of the plaintiff. Their husbands are clever men. The defendant Nos.1 and 2 made attempts several times to grab the property of the plaintiff fraudulently. The plaintiff executed a power of attorney on 31.08.2004 in favour of defendant No. 4. On the basis of that power of attorney......ossain J Abdur Rahim…………………………………………Petitioner Vs. Momotaz Begum and others……………....Opposite parties Judgment July 27, 2011. Cases Referred to- Nizamuddowla Vs. Nurul Islam and ors. 22 DLR 277; Ramizuddin Miah Vs. Jarimunnessa and o......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......fore the original 2nd proviso and as a result, the 2nd proviso was relegated to the 3rd proviso. The 1st proviso, in essence, provides that where there is a higher administrative authority having the power to set aside, vary or modify an order, decision or action to be challenged before the Administ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011. Cases Referred to- Canada Sugar Refining Co V.R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..Category: Administrative Law | Date: | Hits: 196
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......he petition and the affidavit‑in‑opposition.
10. Mr. Subrata Chowdhury, the learned Advocate for the respondent No.1, has raised the preliminary objection that in writ jurisdiction there is no power of this Court to review a decision once given. He contends that as orders were passed on 7.5.9......………Petitioner
Vs.
Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others………………Represented.
Judgment
December 12, 1991.
Cases Referred to-
Hussain Bakhsh Vs. Settlement Commissioner Rawalpindi, 1970 PLD (SC) 1; Sabitri Takurani Vs. ......passed by this Court making the Rule absolute Writ Petition No.2551 of 1990.
2. The case of the petitioner (respondent No.4 in & said Writ Petition) is as follows:
The review petitioner was granted settlement of Sarai Beel Fishery for 1397 BS to 1399 BS at the rent of Tk. 4,200.00 per year..
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......the Appellate Joint Commissioner, passed under sections 28, 30 or section 31 may appeal to the Appellate Tribunal within 60 days from the date of communication of the order to him. Section 33(4)(c) empowers the Appellate Tribunal to reduce or annul the assessment. Strictly speaking the second conten......ce application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500....... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500...Category: Fiscal/Taxation Law | Date: | Hits: 98
....ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......he Constitution that no right having had accrued to the petitioners to have allotment of the alternative plots under any provision of the Emergency Requisition of Property Act, 1948 this Court has no power to exercise the high prerogative writ under Article 102 of the Constitution for declaration an...... of Bangladesh and others.........................Respondents
Judgment
April 28, 1991.
Lawyers Involved:
Khademul Islam Chowdhury, Advocate ‑ For the Petitioners
Hasan Arif, Deputy Attorney‑General with Delwar Hossain, Assistant Attorney‑General ‑ For the Respondents.
Writ ......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ...... drones of lands and khas interest in 3 drones, 5 kanis, 1 gondas and 1 kara of land out of the suit land to Md. Putan by a registered kabala dated 10.06.1912. In course of time, Md. Putan executed a power of attorney in favour of his eldest son Ali Hossain for proper management and administration o......lam Chowdhury…………………………………….Appellant Vs. Morshedul Alam and Others………………………………Respondents Judgment July 20, 2011. Cases Referred to- Bihar and others Vs. Sri Radha Krishna Singh and others, AIR (1983) SC, 684; John Cockrane Vs......ed 24.03.1998 passed by the High Court Division, the defendant-petitioner moved this Division by filing Civil Petition for Leave to Appeal No.1109 of 1998 and this Division, upon hearing the parties, granted leave on 16.01.2002 resulting in the initiation of Civil Appeal No.45 of 2002. 8. Mr. Ma..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......ance with the provisions of Companies Act, 1994 since respondent No.3 was removed from directorship in contravention of section 106 of the Companies Act, 1994, the Registrar under section 193(6) is empowered to accord a hearing. II. Whether the High Court Division failed to appreciate that in ord......l Islam, Senior Advocate with Ms. Tania Amir, Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No. 2. None represented-For Respondent Nos.1 & 3-4. Cases Referred to- Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies a......eing aggrieved by and dissatisfied with the judgment and order passed by the High Court Division, the appellant filed Civil Petition for Leave to Appeal No.837 of 2010 before this Court and leave was granted on 08.11.2010 to consider the following points: “I. Whether the High Court Division fa..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
....on of his pay scale and post. It is found that the writ petitioner is not a fit person to be promoted and getting higher scale. The conduct of the writ petitioner is such that he does not deserve any discretionary remedy from the Court as he has not come and approached the High Court Division with c......uired no right to the office. The question of notice arise when a person's legal or civil right is affected by the action of the authority. Where the impugned action involves no exercise of statutory power but soly based on breach of established procedure or where the writ petitioner has no legal ri......, Mymensingh………………………..Appellant Vs. Md. Helaluddin and Others……………………………………………… Respondent Judgment March 3, 2010. Cases Referred to- Riggs Vs. Palmer (1889) 115 NY 506, 22 NE 188; Davitt Vs. Titcumb (1989) 3 AUER 417. Lawye......dvocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos.2-4. Civil Appeal No. 277 of 2003. Judgment Surendra Kumar Sinha J.- Leave granted. 2. This appeal arose out of the following facts: The respondent No.1, (writ petition..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......han, the learned Advocate appearing on behalf of Anti-Corruption Commission, submits that the Anti-Corruption Commission came into effect from 23, 03.2004 and it has got legal entity and it has every power to serve notice. The submission made by the appellant himself has got no existence and notice ......€¦â€¦â€¦â€¦â€¦â€¦Convict-Appellants Vs. The State and another………………………………………………………………Respondents Judgment March 20, 2011. Case Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers Involv......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....be prosecuted like other persons. It was held by the Supreme Court of India that section 197 is not discriminatory. In that case it has been observed as follows: "It has to be borne in mind that a discretionary power is not necessarily a discriminatory power and that abuse of power is not to be e......arget of the Awami League, which later on, formed the first Government in the independent Bangladesh; that in spite of political differences with Awami League the petitioner advocated for transfer of power to the Awami League as it obtained the highest number of seats in the then National Assembly; ......m…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The Rule is make absolute. Cases Referred to- Abdul Hoque Vs. Government of Bangladesh, 33 DLR 113; 1982 BLD (AD) 143; Government of East ......desh praying for restoration of the citizenship to the petitioner which was refused but the Ministry of Home Affairs, Government of Bangladesh by their letter 11.3.78 expressed their no objection for granting to the petitioner to see his ailing mother accordingly the petitioner obtained visa from Lo..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......Ebadul Hoque J Safar Ali Miah & others…………………Petitioners Vs. Badsha @ Siddique & others………………..Opposite Party Judgment July 5, 1993. Cases Referred to- Saleh Ahmed Chowdhury and others Vs. Kabir Ahmed and others, 13 DLR 531; Moyna Mia & othe......dgment‑debtor wilfully violates a prohibitory order of injunction sub‑rule (1) of rule 32 gives the specific remedy to the decree‑holder for such violation of the decree. Further, Courts do not grant decrees either for violating it or for being violated with impunity against a decree of prohib..Category: Civil Law | Date: | Hits: 100
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......tioned orders of the Tribunal issuing the warrant of arrest against the petitioner on 26-7-2010 and directing the police to produce him on 2-8-2010 are without lawful authority. The Tribunal is not empowered to commence any proceedings or pass any order in relation to the petitioner before submissio......R (AD) 38; Sher Ali Vs. State, 46 DLR (AD) 67; Syed Md Hashem Vs. State, 48 DLR (AD) 87. Lawyers Involved: Abdur Razzaq with Fariduddin Khan, Advocates—For the Petitioner. Mahbubey Alam, Attorney-General, MK Rahman, Additional Attorney-General, Korunamoy Chakma, Deputy Attorney-General, M......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......vour. He points out from the decision in the Al-Jehad case that if the system of appointing the senior-most judge is not adhered to then those who are not so senior will strive to please the party in power in order to be appointed the Chief Justice in supersesÂsion of their senior colleagues. Echoi......n J Hassan MS Azim and three others...............................Petitioners Vs. Bangladesh………………………….......................................Respondents Judgment October 26, 2010. Cases Referred To- Supreme Court Advocates-on-Record AssociaÂtion Vs. Union o......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
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