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Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......improvement schemes which may be undertaken by RAJUK. Amongst others section 40(h) provides for the formation, retention of enlargement of open spaces. The High Court Division after considering these provisions held that it was clear that it was the duty of RAJUK to provide for park, open spaces, pl..Category: Property Law | Date: | Hits: 92
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....udgment February 10, 2011. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003), Section 37 The mandate of the Ain to conclude an execution case within 150 days appears to be directory, not mandatory inasmuch as it does not provide any consequence in case of failing to conclude the case wi......gong as respondent No.1 appears and contests the Rule by filing an affidavit-in-opposition denying the material facts of the writ petition contending inter alia, that the executing Court observed the provisions of section 34 of the Ain and in spite of attempt for sale of the mortgaged property throu..Category: Civil Law | Date: | Hits: 84
....ferred on the authority cannot be said to have been exercised honestly and bona fide."
22. The exercise of statutory power is open to challenge broadly on three grounds:
(a) non‑observance of mandatory procedure (b) non‑existence of the basic facts with reference to which the power is vest......n the petition that the notices (Annexures A, B and C) and the impugned order (Annexure F) made in pursuance to the inquiry proceedings have been made without lawful authority and in violation of the provisions of the Ordinance/Rules, Discipline and in manifest violation of the Principle of Natural ..
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......ume the existence of inherent power to do that for which specific provision has been made by a statute and should not invest itself with such jurisdiction for the purpose of getting round the express provisions of the law. Unintentional or inadvertent mistake of a Court causing injustice to a party,..Category: Property Law | Date: | Hits: 90
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......es and it was so required for enquiry into allegation of acquisition of wealth disproportionate to his known sources of income. No proceedings were initiated against the petitioner under the relevant provisions of the Anti-Corruption Act, 1957 (since repealed). However, section 94 of the Code of Cri..Category: Anti-Corruption Laws | Date: | Hits: 200
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......power by the High Court on suitable cases. It can be exercised by the Court either on the application of any party or of its own motion and at any stage of the suit. It may well be discerned that the provisions contained in section 15 of the Code of Civil Procedure will not stand in the way of exerc..Category: Property Law | Date: | Hits: 68
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......the mortgaged property was given to BSRS. Mr. Khandker Mahbubuddin Ahmed, appearing for the Rupali Bank which is a secured creditor, submits that the aforesaid sale is illegal and void in view of the provisions of sections 171 and 168 of the Companies Act inasmuch as though the winding up order was ..Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
.... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279.......original agreements in the hand of the defendant No.1. He further submitted that it is hazardous to compare the disputed handwriting or signature by the Court though the Court is authorised under the provisions of section 73 of the Evidence Act to make such a comparison without the aid of evidence o..Category: Property Law | Date: | Hits: 57
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
.... 1961 has made no distinction for various types of talaq recognized by Muslim Family Law including Khula and Mobaraka but speaks of pronouncement of talaq in any form whatsoever making a notice mandatory in writing of his having done so with a copy to the other partner so as to make it effecti......suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314...Category: Family Law | Date: | Hits: 185
....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......as the right to sell the shares at any time in the market. The learned Counsel finally submitted that there was genuine dispute between the parties regarding the interpretation/application of the provisions of the share purchase agreement and the buy-back agreement which is an admitted fact betw..
Category: Civil Law | Date: | Hits: 78
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......f the alleged offences of forgery with regard to Sale Deed No. 3558 dated 22.5.82 on 10.5.83; and that the certified copy of the alleged Deed was produced before the learned SCC Judge on 16.6.85, the provisions of clause V of section 195(1) of the Code of Criminal Procedure has no manner of applicat..Category: Criminal Law | Date: | Hits: 83
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646....... the total quantity of such land transferred by such person after the said date amounts to ten standard bighas, he shall be debarred from transferring any more such land." 15. In view of the above provisions of law the learned Subordinate Judge held that the plaintiffs, did not acquire title in m..Category: Property Law | Date: | Hits: 70
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......ereon and that the defendants had made permanent constructions at a considerable cost and hence their position had been that of a licensee and that the licence had become irrevocable by virtue of the provisions of section 60 of the Easements Act. The Division Bench has taken into consideration a lar..Category: Property Law | Date: | Hits: 110
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......26 of the Special Powers Act as also under section 156(1)(8) of the Customs Act. 7. The teamed Assistant Attorney‑General, by reference to section 29 of the Special Powers Act submitted that the provisions of the Code of Criminal Procedure, so far only as they are not inconsistent with the prov..Category: Criminal Law | Date: | Hits: 52
....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......for a Rule Nisi calling upon the Respondents to show cause as to why the impugned legislations as of Annexure 'B' and the Ordinance Annexure U should not be declared as void and inconsistent with the provisions of the Constitution as having been passed without lawful authority and is of no legal eff..
Category: Constitutional Law | Date: | Hits: 229
....ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
...... Tk. 5,64,000.00 as rent from May, 1978 to May, 1988. It is also stated that on his failure to pay the aforesaid rent, the petitioner would file an application for winding up of the company under the provisions of the Companies Act. The respondent duly received the said notice. On receipt of the abo..
Category: Company Law | Date: | Hits: 190
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599.......ourt immediately before the commencement of this Ordinance shall continue in the same Court and shall be heard and disposed of by that Court as if this Ordinance had not been made". From the above provisions it is clear that pending cases in any Court other than Family Court relating to, and aris..Category: Civil Law | Date: | Hits: 106
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ......Subordinate Judge has committed serious error of law in disallowing the Misc. Case by the impugned order without applying his judicial mind to the facts and circumstances of the case and the relevant provisions of law namely Order XLVII rule 1 of the Civil Procedure Code and in deciding the case wit..Category: Trust/Waqf Law | Date: | Hits: 181
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....tate, reported in 40 DLR 97, which was delivered by my learned brother Syed Fazle Ahmed, J observing as follows: "The post‑mortem report has been admitted into evidence in utter violation of the mandatory provision contained in section 509A Cr.P.C. It is a new section. Its provision is in the n......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..Category: Criminal Law | Date: | Hits: 82
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548....... a written objection against the aforesaid application filed under Order 7, rule 10 of the Code of Civil Procedure denying the material allegations made in the application. It is his case that if the provisions of the section of Admiralty Court Act, 1861, are considered together, it appears that the..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
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