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Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ......nto a cooperative housing society and embark upon a profitable scheme of land reclamation, land development and housing primarily with the purpose of enriching themselves. To use the coercive powers and machinery of the State in aid of such profit-making entrepreneurs will clearly not be a p......er 41 DLR 326; Md. Ismail Vs. Government of Bangladesh 34 DLR (1982) 4. Lawyers Involved: Md. Nazrul Islam with AHM Kamruzzaman, Advocates—For the Petitioners. M Shamsul Hoque, Assistant Attorney-General with Ms-For the Respondents. Writ Petition No.1856 of 2005. Judgment Syed Re......and no ripe for hearing at the time, prayed for an adjournment of the hearing before this Honourable Court till receipt of the final order under Section 5(1)(a) of the Ordinance. This Court having so granted the Petitioners' request, and the Petitioners having during that interval received an order ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....lternative remedy against the inaction of the Assistant Commissioner (Land), if there be any, for mutating their names. Where an alternative remedy is available, the remedy under Article 102(2) being discretionary High Court Division should refuse to grant relief to the aggrieved person. Where the a......matter, the High Court Division erred in law in directing for correcting the record-of-right in favour of the writ-petitioners. It is further contended that the High Court Division acted in excess of power in directing the petitioners to mutate the names of the writ-petitioners in the record-of-righ............................................................Petitioners Vs. M Anwar Hossain and others………………………………Respondents Judgment August 8, 2011. Case Referred to- Qazi Kamal Vs. Rasdhani Unnayan Kartipakkha, 44 DLR (AD) 29. Lawyers Involved: Rajik-a......tant Commissioner (Land), if there be any, for mutating their names. Where an alternative remedy is available, the remedy under Article 102(2) being discretionary High Court Division should refuse to grant relief to the aggrieved person. Where the alternative remedy could not be equally efficacious ..Category: Property Law | Date: | Hits: 68
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....ion in favour of the accused-respondent on assigning proper reasons. It can not be said that this exercise of discretion is arbitrary or unreasonable. We find no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed.......of the accused-respondent on assigning proper reasons. It can not be said that this exercise of discretion is arbitrary or unreasonable. We find no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This......……….........Petitioner Vs. Golam Sabbir Shown………………………………......Respondent Judgment January 12, 2011. Lawyers Involved: Momtazuddin Fukir, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Abdul Bas......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443...Category: Criminal Law | Date: | Hits: 98
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......t on the findings that there was no valid contract in between the parties inasmuch as the dependent No.3, father of the minor-daughters was not appointed guardian by any Court and, as such, he had no power to sell the minor's property. 6. The unsuccessful plaintiff then took an appeal therefrom b...... Petitioner. Zafar Ali Khan, Advocate—For Opposite Party Nos.1-3. Civil Revision No. 4572 of 2009. Judgment Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and decree dated 24-8-2009 (decree signed on 30-8-2009......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..Category: Property Law | Date: | Hits: 74
Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)
....ision of the Administrative Appellate Tribunal. What is more, the petitioners failed to explain satisfactorily the reason for not filing the appeal within the statutory period of time. This being a discretionary power, this Division is slow to interfere with such order of refusing to condone the d......can satisfy the Administrative Appellate Tribunal that he has been prevented by sufficient cause from preferring an appeal within the period of limitation. The Administrative Appellate Tribunal has power to condone the delay of three months if it is satisfied with the reasons for not filing the ap.................Petitioners Vs. Ansarul Huq ..............................................................Respondent Judgment January 5, 2011. Lawyers Involved: Morad Reza, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Not represente......ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ..Category: Administrative Law | Date: | Hits: 206
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ...... are succinctly stated below: 3. The Judicial Service is not 'service' in the sense of employment. The Judges are not employees, as members of the Judiciary, they exercise the sovereign judicial power similarly as the members of the cabinet exercise the executive power and the members of the le...........................................Petitioner Vs. Md. Ataur Rahman and others…………………….Respondents Order March 13, 2011. Lawyers Involved: M.K.Rahman, Additional Attorney General (with Mustafa Zaman Islam, Deputy Attorney General and A.S.N. Nazmul Haque, Assistant......y directed the Government to modify the warrant of precedence. 10. Upon hearing the learned counsel of the parties, we are of the view that this petition merits consideration. Leave, is therefore, granted to consider the following points: "I. Because civil executive officers are also within th..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......ents of law argued in the above case hut we are afraid how the statements of law argued in the above case are applicable in this case? In that case the point was whether the High Court in exercise of powers under section 10.0 of the Code of Civil Procedure in a second appeal could disturb the find......d.) Vs. Mir Abul Ali, 44 DLR (AD) 176; Ramappa Vs. Bojjappa, AIR 1963 SC 1633; Sardar Gurbakhsh Singh Vs. Gurdial Singh and another, AIR 1927 P.C. 230; Siddir Gary PS. Case No. 7(11)/93 corresponding to G.R. Case No.309 of 1993. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructe......l No.203 of 2004. (From the judgment and order dated 16.3.2003 passed by the High Court Division in First Appeal No.507 of 1999.) Judgment Surendra Kumar Sinha J. - In this appeal leave was granted on two points. The first point is that if two sale deeds are executed by the same vendor in ..Category: Procedural Law | Date: | Hits: 76
.... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
...... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
......nt:
Sharif Uddin Chaklader J
Md. Nuruzzaman J
Mohammad Hossain and others…………………………………Appellants
Vs.
Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others………………..Respondents
Ju...... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 66
State Vs. Kazol, 2011, 40 CLC (HCD)
.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... Shibu, Manik and Krishna as his assailants along with identifying the location of occurrence. It is noted further that by dint of an Order of 23.8.2005 the Tribunal deemed it prudent to exercise its power to summon material witnesses under Section 540 of the Code that led to oral evidence being giv......ue Munshi Vs. State 44 DLR (AD) (1992) 169 Paragraph 9. Lawyers Involved: A.M. Md. Azizul Haque, Advocate-For the Condemner Prisoner/ State Defense Lawyer. Bhishmadev Chakrabortty, Deputy Attorney General with Atiqul Haque (Salim) Assistant Attorney General and Abu Saleh Md. Fazle Rabbi Kh...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 106
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......tijheel Commercial Area, Dhaka, Head Office T.K. Bhaban (14th –16 Floor) Karwan Bazar, Dhaka,……………….Petitioner Vs. Federal Insurance Company Ltd. represented by its Managing Director Chamber Building (2nd Floor) 122-124 Motijheel Commercial Area, Dhaka and another……………......1.12.2006, the borrower vide letter dated 11.1.2007 requested the Petitioner to extend time for the adjustment of his liabilities. In response, the Petitioner by a letter dated 8.2.2007 categorically granted time to the borrower for adjustment of the aforesaid loan facilities upon certain terms and ..Category: Company Law | Date: | Hits: 203
....ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
......ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
......sh, Dhaka...........................Respondents
Judgment
November 18, 1991.
Lawyers Involved:
MI Farooqui with M Saleemullah, Advocates - For the Petitioner.
Fakhrul Islam, Assistant Attorney General‑ For the Respondents.
Writ Petition No. 704 of 1989.
Judgment
Mainur Reza ......ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
..
Category: Property Law | Date: | Hits: 86
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....jected the application moved under section 344 of the Code of Criminal Procedure. We are asked to interfere with that impugned order in our. Revisional jurisdiction and in exercising so which is also discretionary in nature, this Court would not interfere with the discretion exercised by a Court of ......the ex‑president appears to have been in possession of that huge property and it is disproportionate to his known source of income and that he had acquired those illegally by misuse of his official power. The FIR was filed on 5.1.91. The police, thereafter, submitted a charge sheet under section 4......dhury J Abdul Karim J Hussain Mohammad Ershad……………. Petitioner Vs. State……………....Opposite Party Judgment January 21, 1992. Cases Referred To- Public Prosecutor, Madras Vs. Chockalingarn Ambalarn and another, 1929 I.C. 274; ldris Howlader and another Vs. St......h relates to bail in non‑bailable offences provides that "at any time after the conclusion of the trial of a person accused of a non‑bailable offence and before judgment is delivered" a court may grant bail. The opinion that the trial do come to a close after the defence witnesses are closed wou..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......ce of the offence, which is the absolute discretion of the Magistrate. It is further submitted that the learned Magistrate after considering the evidence on record passed the order in exercise of his power under section 202 sub‑section (1) read with the provision to sub‑section (2)(a) of the Cod......n Criminal Motion No.65/III/89 under sections 435/436 of the Code of Criminal Procedure by which the order dated 28.8.89 passed by the Upazila Magistrate, Baniachong in GR Case No.30 of 1988 refusing to take cognizance of the offence under sections 147/148/302/427 and other sections of the Penal Cod......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..Category: Criminal Law | Date: | Hits: 89
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ...... Home Affairs, Government of Bangladesh, reported in 40 DLR (AD) 170 it has been held by the Appellate Division that the principle of natural justice is to be observed in the matter of exercising the power of cancellation of the licences of gun under section 18 of the Arms Act and that the order can......r……………Petitioners Vs. Secretary, Ministry of Home Affairs and others.............Respondents Judgment January 16, 1991. Result: The Rule is made absolute. Case Referred to- Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 40 DLR (A......্রেট মাদারীপুর। Section 18 of the Arms Act, 1878 reads as follows: "18. Any licence may be cancelled or suspended‑ (a) by the officer by whom the same was granted or by any authority in which he may be subordinate, or by any Magistrate of a district withi..Category: Constitutional Law | Date: | Hits: 174
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......itted his guilt, tendered unqualified apology and has undertaken not to repeat the same in future and has thrown himself upon mercy of this Court. After considering the background of the case and the power to punish a person for contempt in extreme necessity, only to keep the flow of administration ......: D M Ansaruddin Ahmed J Abdul Hasib J Ayub Ali Mohaldar ............Petitioner Vs. Md. Shahjahan and others..........Opposite Parties Judgment August 14, 1990. Case Referred to- AIR 1961, Supreme Court, at page 1367. Lawyers Involved: Md. Abdur Rahim ‑ For the Pe....... Arun Kumar Bhattacharjee and in that petition also the fact of issuance of rule and stay by this Court was mentioned and it was further stated in that petition that if the contemner Assistant Judge granted time for, the petitioner would produce a certified copy of Rule and stay of this Court. From..Category: Criminal Law | Date: | Hits: 84
....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407........
(5) Dues of the Bank may also be recovered by any other legal action without any ad valorem fee for the same.
(6) An officer (of the rank of Manager or above) of the Bank may exercise all the powers exercisable by a certificate officer under the Public Demands Recovery Act, 1913 (Bengal Act ......Court
High Court Division
(Special Original Jurisdiction)
Present:
AKM Sadeque J
Mainur Reza Chowdhury J
MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner
Vs.
General Certificate Officer, Collector......rily decreased the loan amount by 9 lac compared to the previous year and this caused under‑utilisation of the storage capacity. In 1984 the petitioner applied for a loan of Tk. 60 lac but the Bank granted a loan Tk. 44 lac. During the selling season of 1984 the price of potatoes again dropped and..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......as Uddin Al Mamun demanded money from one Begum Khadija Islam, Chairman of Nirman Construction with assurance that an work order would be awarded to her for construction of an eighty (80) MW capacity power station in Tongi, BISIC Industrial Area through his close friend and business partner Tarique ......eration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ...... Duty, Government of Pakistan, Karachi and another reported in PLD 1962 SC 335 the Supreme Court of Pakistan observed as under: “To permit a review on the ground of incorrectness would amount to granting the Court the jurisdiction to hear appeals against its own judgments or perhaps a jurisdict..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......oking the aid of section 339D of the Code of Criminal Procedure. The learned Deputy Attorney‑General, however, could not show any provision in the said section by which the court is vested with the power of revival of a case once stopped suo motu when such revival is not sought for by the Governme......d another, 34 DLR 238; MG Towab, Air Vice Marshal (Rid.) Vs. The State, 34 DLR (HC) 371. Lawyers Involved: KS Nabi, Advocate ‑ For the accused Petitioners. Amirul Kabir Chowdhury, Deputy Attorney -General ‑ For the State. Criminal Revision Case No.80 of 1989 (Khulna) and re‑numbere...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...Category: Criminal Law | Date: | Hits: 80
....ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
......regards obligation of the subordinate courts to abide by the decision of the apex court, to ensure compliance, to stop any scope of corruption either apprehended or actual, to stop misuse of judicial power and to ensure accountability and uniformity in the application of law.
35. We accordingly ......ota & Kamal Baksh & another Vs. Siraj Bakshi & others, 7 BLT (AD) 328, Bangladesh Vs. Helal Jute Press Ltd., 8 LG (2011) (AD 70.
Lawyers Involved:
Mosharraf Hossain Sarder, Deputy Attorney General with Mrs. Shahida Begum, Assistant Attorney General and Khondaker Moderesh Elahi, Adv......law resulting in error in the decision occasioning failure of justice, (2) as to whether this is a fit case for interference with the concurrent findings of fact and (3) what relief, if any, could be granted in this case.
11. We have heard the learned advocates, perused the application for revis..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ...... No.5 attracted a good number of clients in the process. The institution was formed and created by an Article of Memorandum registered under Joint Stock Companies and Firms wherein Article 6 provided powers and functions of the respondent No.5 which did not empower him to function in the capacity of......………………Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August 3, 2011. Result: The Rule is discharged without any order as to cost. Cases Referred to- Moazzam Husain Vs. The State 35 DLR (AD) 290; Mahbubur Rahman Sikd......of court that are not of a criminal nature, for instance, when a man does not obey and order of the Court made in some Civil proceeding to do or abstain from doing something as where an injunction is granted in an action against a defendant, and he does not perform what he is ordered to perform, and..Category: Employment/Service Law | Date: | Hits: 115
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