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....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. ......f which he was one member, provided the issue whether the order was obtained by fraud, properly comes up before him. In appropriate cases, it is the duty of the Court that has seisin of the case to recall suo motu an order procured by fraud.
19. In Najmul Huq Vs. Panchanan poddar reported in 21 D......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...
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
....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....... 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
....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 ......rney‑General ‑ For the Respondents.
Writ Petition No. 339 of 1985
Judgment
AM Mahmudur Rahman J.- By this Rule Nisi issued under Article 102 of our Constitution the respondents have been called upon to show cause as to why the eviction of the petitioners on 19.8.1985 without providing f......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)
.... 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......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. ......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. ..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....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......edure as exercised by him by the impugned notice and, therefore, no illegality has been committed by the High Court Division in passing the impugned judgment and order and as such, no interference is called for with the same by this Court and the appeal be dismissed. 9. In view of the points on ......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. ..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
....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...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ...... enquiry report on the basis of the allegations made by 15 senior teachers of the college. 9. The Principal thereupon submitted a report on 21st April, 2007 stating that the Governing Body in its meeting dated 28th April, 2002 entrusted the then Principal-in-Charge Md. Abdur Rahim for arranging ..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....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 ......……………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. ......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)
....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 ......tion No.1316 of 1992. Judgment Mohammad Ismail Uddin Sarker J.- This rule Nisi was issued upon an application under Article 102(2)(a) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause why the Notification No.403/Imn/III dated 18.4.73, Annexu......oner was a resident of Bangladesh on the 25th of March, 1971 and he continued to be so resident and on the 22nd of November, 1971 he went to Lahore for attending his party's central working committee meeting and on the 3rd of December, 1971 the petitioner was returning to Dhaka by plane but the plan..Category: Immigration and Citizenship Law | Date: | Hits: 343
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....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...... the Tribunal on 2-8-2010. On 2-8-2010, he was produced before the Tribunal passed an order directing the law-enforcing agencies to send him to jail-custody and further to produce him three before on call. The above-mentioned orders of the Tribunal issuing the warrant of arrest against the petitione......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)
....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 supersession 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 Association Vs. Union o......rticle refers to 'performing the functions of the Chief Justice' and not becoming the 'acting Chief Justice' which indicates that it is merely a stop-gap measure. The learned Attorney General categorically stated that the appointment of the senior-most Judge of the Supreme Court as the Chief Justice......) No action or decision taken by the Commission or a Committee shall be invalid or called in question only on the ground of the existence of a vacancy therein or of the absence of any member from any meeting thereof. (15) The Committee may make rules for regulating its procedure. 68. Amendment..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....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......on, and upon a further consideration of a Supplementary Affidavit filed on behalf of the Petitioners and treated by this Court as part of the main Petition, this Court issued a Rule Nisi on 25-7-2005 calling upon the Respondents to show cause as to why the impugned Memo No.LA/Na:gonj/15/2004-2005/19...... 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. ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....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......h Court Division should refuse to grant relief to the aggrieved person. Where the alternative remedy could not be equally efficacious the exercise of discretionary power by the High Court Division is called for. The writ petitioners failed to make out any case that the alternative remedy available t......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..Category: Property Law | Date: | Hits: 68
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......ction) Present: Md. Badruzzaman J Md. Ruhul Amin J Sanwar Hossain………………Appellant Vs. State………………Respondent Judgment January 10, 1993. Cases Referred to- State Vs. Bashirullah, 16 DLR 189; Mafu @ Mafizuddin Vs. State, 31 DLR 16; Ismail Sarker Vs. ......his judgment would govern them all. 3. The case of the prosecution, in brief, is that on Thursday the 18th Kartic, 1394 BS, corresponding to 5.11.87, at about 8‑00 PM, deceased Khasru Miah was called away from his house and taken to Nabiganj Mela by the absconding accused Sanwar Hossain and a......ed for the first time by P.W.4 more than 9 months after the occurrence when he was examined by the said Investigating Officer. In cross‑examination P.W.4 stated that he told the informant about his meeting the deceased in company of the accused persons on 5.11.87 at 11‑00 PM at Nabiganj Mela but..Category: Criminal Law | Date: | Hits: 91
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....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.......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)
....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......obaida Pervin, Advocates—For the 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-......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
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......on with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......edit from being confirmed. HELM contends that notwithstanding BCIC's failure to so open confirmed Letters of Credit, BCIC remained insistent upon HELM's performance under the contracts threatening to call on or draw down on the two performance guarantees being Nos. GTEDAK063306 for US $ 6,81,250 and......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..Category: Alternative Dispute Resolution | Date: | Hits: 172
Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)
....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. ......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)
.... 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......and capricious and is subject to the judicial review, that the members of the judicial service are persons in the service of the Republic, that an administrative executive is always at the beck and call of the political executives but a judicial officer is independent in the discharge of his funct......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. ..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....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......gestions of counsel than the declarations of the par-tics, they are not receivable to prove the truth of the facts stated, even as admissions, unless verified by oath, or signed or otherwise specifically adopted by those against whom they are tendered”. In Satyadeo Prasad Vs. Smt. Chanderjoti, A......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. ..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
.... 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......, thereafter, that Taposh is reported to have been declared dead. The informant eventually deposed as P.W.3 reiterating generally the facts as stated in the F.I.R. commencing with his son having been called away from home by the accused persons and later P.W.12 Hira having come and informed him of T...... 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
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