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A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
....his duties with diligent respondent No. 4 most illegally and arbitrarily released the petitioner from the post of Chairman of the (Governing Body which is absolutely illegal and colorable exercise of powers and, as such, the impugned order is liable to be declared to have been passed without lawful ......15 Judgment Md. Ashfaqul Islam J. — This Rule under adjudication was issued on 27-5-2015 in the following terms. "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the Order vide Memo No.৩/কল/বগ/৯৭৬/৮৫ dated 20-5-20...... Writ Petition No. 5526 of 2015 Judgment Md. Ashfaqul Islam J. — This Rule under adjudication was issued on 27-5-2015 in the following terms. "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the Order vide Memo No.৩/কল/বগ/৯৭......College. After taking the charge the Ad-hoc Committee initiated proceeding for holding election and after completion of the election the newly elected members of the Governing Body sat in their first meeting and in the said meeting the petitioner was unanimously elected as Chairman of the Governing ..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
....ld be read therein even though there was no such specific requirement in the said provision…………(12)
Determination of Liability—
Though the Commissioner has power to issue an order for stoppage of export/import of a defaulter under section 202 of ......hellip;.Respondent
Judgment
January 27, 2016
Result:
The Rule is made absolute.
Principle of Natural Justice—
Since no punishment could be imposed without adhering to the principle of audi alteram partem, the principle of natural justice requiring the concerned au......ahangir, DAG with Pratika Chakma, AAG with Salma Rahman, AAG— For the Respondent No.2.
Writ Petition No. 11277 of 2015
Judgment
Sheikh Hassan Arif J. — Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order issued under Memo No. d......6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
.... the Special Powers Act, 1974 read with sections 4/6 of the Explosive Substances Act, 1908. Under Rule 6(1) (2) of the Bangladesh Passport Order, 1973, respondent No. 2 enjoys discretionary power to grant or to refuse passport to any person. According to Rule 5(2) of the aforesaid Order, 1......;……………………………Respondent Judgment January 14, 2016 Result: The Rule is made absolute. Case Referred to- Syed Mokbul Hossain Vs. Banglades, 44 DLR, 39AIR 1967 (SC) 1836; Schmidt Vs. Secretary of S......750 of 2015 Judgment Quamrul Islam Siddique J. — In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the respondents shall not be directed to delive......seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....t on the record will be legally wrong. The moot point is, a party to a litigation is not entitled to seek a review of judgment merely for the purpose of rehearing or a fresh decision of the case. The power can be extended in a case where something obvious has been overlooked-some important aspects o......e J Ali Ahsan Muhammad Mujahid…………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh……………&hellip......rnative, it may be said that the error must also have a material real ground on the face of the case. A petition over ineffectually covered ground or minor mistakes of inconsequential import does not call for review.” 7. This Division has repeatedly held that the court should not be obliv......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)
....f Intermediate and Secondary Education. Dinajpur, to disposed of the said representation date 22-3-2015 within a reasonable time by giving direction upon the Managing Committee and that the board has power under Regulation No. 38(3) of the aforesaid Regulation of 2009. He further submits that, in th......oner Vs. Secretary, Ministry of Education and Others………..Respondent Judgment November 10, 2015 Result: The Rule is made absolute. Case Referred to- Bangladesh Live Stock Research Institute Vs. Dr. Md. Jahangir Alam Khan, 2012 (XX) BLT (AD)......;For the Respondents. Writ Petition No. 3657 of 2015 Judgment Md. Rezaul Hasan J.— In this petition, filed under Article 102 of the Constitution, a Rule has been issued calling upon the respondents to show cause as to why respondents No. 3 to 5 shall not be directed to......gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 125 ..Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0
City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)
....only in one situation under section 56, namely in the process of realization of demand under section 56 in view of Clause (Ka) of sub-section (1) of section 56. In exercising such power under section 56, the concerned officer must proceed after exhausting the demand procedur...... J City Vegetable Oil Mills Ltd………………………………………..Petitioner Vs. Commissioner, Customs, Excise & Vat and Others………..Respondent Judgment August 30, ......r on 30-5-2004 and 7-6-2004, (Annexures-C & D) should not be declared to be without lawful authority and are of no legal effect. In Writ Petition No.3205 of 2004 3. Rule Nisi was issued calling upon the respondents to show cause as to why the demand notice vide Nathi No. 4(6)7/Musuk/Ed......hout any prejudice to the petitioners to take recourse to relevant provisions of law. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 114 ..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....ose presence before the Court may be necessary in order to enable the Court effectually and completely adjudicate upon and settle all the questions involved in the suit, be added. The Court is empowered to add the name of anyone in the plaint or remove anyone's name form the plaint at any s...... Constitution of Bangladesh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either upon or without any application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or......;and 10 of the CPC have hardly any scope to be applicable in the petitioner's case in view of the provision of section 6(5) of the Ain, 2003 wherein the Legislature has specifically spelt out the category of the defendants to be impleaded in an Artha Rin suit. He argues that ....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
.... in this case has been misconceived by the tax authorities and, as such, the same has been regarded as capital gains without jurisdiction. Thus, this Court is of the view that, the entire exercise of powers by the customs authority, in so far as this 'signing money' or 'earnest money'...... been misconceived by the tax authorities and, as such, the same has been regarded as capital gains without jurisdiction. Thus, this Court is of the view that, the entire exercise of powers by the customs authority, in so far as this 'signing money' or 'earnest money' is concerned, e......r the Appellant Kazi Zihat Haque, DAG and Nurun Nahar, AAG—For the Respondents Writ Petition No. 2117 of 2015 Judgment Sheikh Hassan Arif J.— This Rule was issued calling upon the respondents to show cause as to why the impugned Order dated 26-5-2014 (Annexure-C)......sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 105 ..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....t or any Judge or interferes with the administration of justice, or if any person makes comments calculated to undermine public confidence in the Judges and the justice delivery system, the Court has power to draw a contempt proceeding…….......(3) Excessive authority, without libe......ines the authority or lowers the dignity of the Court, or if any person scandalizes the Court or any Judge or interferes with the administration of justice, or if any person makes comments calculated to undermine public confidence in the Judges and the justice delivery system, the Court has power to......sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
....mbly also, Awami League secured 289 seats out of 300 seats. During the relevant time the military bureaucracy and Pakistani politicians did not morally accept the election result and to handover power to Awami League, and with a view to thwarting the formation of the government by Awami League,......
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Salauddin Qader Chowdhury.........................Appellant
Vs.
Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent
Judgment
July 29, ...... he implicated him at the instance of conspirators. The defence also suggested to him that his father, uncle, mother and other members met natural death. By this suggestion the defence has practically admitted the killing of the members of his (Nirmal) family. He reaffirmed his statement in chi...... and attacked Unsattur para, a Hindu populated area, under PS Rawjan and brought the local Hindu people to the bank of the pond behind the house of Shatish Mohajan telling them to attend a peace meeting, and after that in presence of the accused, they brush fired upon them and thereby killed Ch..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
.... the present Petitioner at a consideration of Taka. 80,000 out of which he received Taka 40,000 as earnest money and delivered possession of the property. On the same day he executed and registered a power of attorney appointing the Petitioner authorizing her to act on his behalf and to deal with th......2 & 7 Abandoned Buildings (Supplementary Provision) Ordinance (LIV of 1985) Sections 2(b), 5(1) (b), 9 & 10 Abandoned Property The act of abandonment implies two fundamental factors: (i) Desertion of the property; and (ii) Giving up one's right to the property…......57 of 2010 Judgment Mahmudul Hoque J. — In this application under Article 102 of the Constitution of Bangladesh a Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondents to show cause as to why the decision dated 10-12-2009 passed by Respond......e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....d against which appeal No. 5211 of 2001 under Rule 31 of the East Bengal Tenancy Rules, 1955 was preferred before the respondent No. 5 who transferred the appeal to the Assistant Settlement Officer empowered with the power of Revenue Officer and Assistant Settlement Officer, Begumganj Thana who disp......
Government of the People's Republic of Bangladesh and Others………..Respondent
Judgment
June 28, 2015
Result:
The Rule is made absolute.
Case Referred to-
Zahirul Islam Vs. Government of Bangladesh, 65 DLR 168; 44 DLR (AD) 260
Lawyers Involv......
Md. Rezaul Hasan J.— In this application, filed under Article 102(2)(a)(i) and (ii) of the Constitution of the People's Republic of Bangladesh, a Rule Nisi has been issued, calling upon the respondents to show cause as to why the order dated 17-5-2003 passed by the respond......n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
.... learned advocate did not veil his utter surprise, how a responsible Officer, Chairman of the Education Board (now retired), could have violated the regulation No. 5(3), clearly articulating the power and procedure for appointment of President of the Governing Body of the said school and col&sh......hority. Hence, this is a fit case where she (the then Chairman of Dhaka Board) should be fined with exemplary amount, so that no one, by using his or her position makes such order which is bound to erode the Rule of law, so nakedly. &nb......n No. 9498 of 2014.
Judgment
Md. Rezaul Hasan J.— In this petition, filed under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned decision of the respondent No. 2 t......cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
....rine, however, cannot be pressed into aid to compel the government or the public authority to carry out a representation or premise which is contrary to law or which was outside the authority or power of the officer of the government or of the public authority to make. 14. That being ......ip;…...Petitioner Vs. Anti-Corruption Commission and others............Respondents Judgment May 18, 2015. Result: The Rule is disposed of. Case Referred to- AA Engineering Ltd. Vs. Khulna University, 66 DLR (AD) 19. Lawyers Involved: Mahm......learned Senior Advocate of the Supreme Court, appeared in person as the petitioner and at his instance this Rule Nisi was issued in the following terms: "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the demands made by Memo No. ACC/Accounts/ Audi...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
....not been treated in accordance with law because to safeguard his right guaranteed under the Constitution to be treated in accordance with law by the court, the court cannot exercise its discretionary power other than the one imposed by the legislature. He further submits that the Executive, the Judi...... 1(SCC)(1976)560; Jagmohan Singh Vs. State of UP, 1(SCC)(1973)20; Maneka Gandhi Vs. Union of India, AIR 1978(SC) 597; Bachan Singh Vs. State of Panjab 2(SCC)(1980)684; James Tyone Woodson and Luby Waxton Vs. State of North Carolina, 428 US 280; Trop Vs. Dulles, 356 US; Ong Aha Chuan Vs. Public Prose......onstitutionality of section 6(2) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, (Ain XVIII of 1995) and section 34 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 (Ain VIII of 2000) has been called in question by the appellant Md. Sukur Ali, a death row convict, who has been convicted by th...... nomination to and advancement in the Magistracy’. (Radzinowiez, L. In search of Criminology, Ex. 1961 P.70). Subsequently the Ninth International Prison Congress in 1925 resolved at its London meeting that ‘judicial studies should be supplemented by criminological ones. The study of cri..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....not been treated in accordance with law because to safeguard his right guaranteed under the Constitution to be treated in accordance with law by the Court, the Court cannot exercise its discretionary power other than the one imposed by the legislature. He further submits that the Executive, the Judi......d heard in accordance with the provisions of the Ain of 1995, but the sentences prescribed in respect of similar nature of offences in the Ain of 2000 shall be applicable.
There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a se......onstitutionality of section 6(2) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, (Ain XVIII of 1995) and section 34 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 (Ain VIII of 2000) has been called in question by the appellant Md. Sukur Ali, a death row convict, who has been convicted by th......or nomination to and advancement in the Magistracy’. (Radzinowiez, L. In search of Criminology, Ex.1961 P.70).Subsequently the Ninth International Prison Congress in 1925 resolved at its London meeting that ‘judicial studies should be supplemented by criminological ones. The study of cri..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....te appearing on behalf of the petitioners upon placing the relevant provisions of the rules incorporated under Chapter VII of the Rules, 1955 submits that the Appellate Officer has not been given any power whatsoever to rehear the appeal cases under rule 31 of the Rules, 1955 which had earlier been ...... Government of Bangladesh and Others…………….............Respondent Judgment April 30, 2015 Result: The Rule is discharged. Case Referred to- Bhawal Raj Court of Wards Estate represented by its Manager Vs. Rashida Begum, 15 BLC (AD) ......with Arobinda Kumar Roy, AAG and Shafiqul Islam Siddique, AAG—For the Respondent No. 2. Writ Petition No. 4912 of 2003 Judgment Mohammad Ullah J.— This Rule Nisi was issued calling upon the respondents to show cause as to why the notices dated 10-4-2003 issued under the si......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....urchaser submits that after long lapse of time the Petitioners came before this Court challenging the said sale which has already been taken effect to. He also submits that the Executing Court empowered in law to correct any error or omission under sections 151 and 153 of the Code and sect......ailable against such auction sale but the mortgagor any proceed against the mortgagee bank for compensation if it is proved that there was illegality in the auction sale...... (24) Case Referred to- Bhavan Vaja Vs. Solauki Hanuji Khodaji Mansong, AIR (1972) SC 1371; Hemanta Kumar Ghosh Vs....... Petition No. 7647 of 2013. Judgment Mahmudul Hoque J.- In this application under Article 102 of the Constitution of Bangladesh a Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondents to show cause as to why the Notice for auction published in the daily &......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
....upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......ing so. The purposive aspect of the exercise of this Court's discretion is simply "to allow the company to get on with managing its own affairs and not be frustrated by the impracticality of calling or conducting a meeting in the manner prescribed by the Company's articles and......able a Company To Holding on its Business—
Section 81 is a procedural section enabling a company to carry on its business as has to be conducted to the fullest extent possible at a general meeting unless faced with impracticability in doing so. The purposive aspect of the exercise of..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....while Exercising the Inherent Power— It Must use a Proper Circumspection and Great Care in Exercise of it’s Inherent Jurisdiction— In the matter of exercising the inherent power by the High Court Division, the requirement is to see whether continuance of the pro......roper Circumspection and Great Care in Exercise of it’s Inherent Jurisdiction— In the matter of exercising the inherent power by the High Court Division, the requirement is to see whether continuance of the proceeding would be abuse of the process of the court or that......ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ......ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
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