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Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ...... that this arrest was made with a view to detain him under section 3(2) of the Special Powers Act. Section 54 is an independent section of Code of Criminal Procedure under which police has been given power to arrest any person without an order of Magistrate or without any warrant. Some circumstances......Present: Md. Hamidul Haque J Nazmun Ara Sultana J Mokbul Hossain……Detenu Vs. Government of Bangladesh & ors……Respondents Judgment January 16, 2002. Cases Referred to- Mostafizur Rahman vs. Bangladesh 44 DLR 317; Habiba Mahmud 54 DLR (AD) 89; H Saha vs. State o......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......e situation of the locality showing disrespect to the settled principle of law. 56. In the above facts and circumstances if the case is sent for re‑trial it will be a futile exercise of judicial power and also abuse of process of the Court. 57. The learned Tribunal not only committed mistake...... (AD) 1; 41 DLR 385; 35 DLR 5, 127; 10 DLR (SC) 29. Lawyers Involved: Farhad Ahmed with Dewan Abdun Naser and Fazle Rabbi, Advocates‑ For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney-General, Md Jalaluddin, Assistant Attorney-General- For the State. Criminal Appeal No. 2....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......en stated therein that in pursuance of a notice in any form issued thereunder at any time before 30th October, 1988 the Government may take over possession of any abandoned property or building. This power of issuing this type of notice in any form gave arbitrary power to the Government and hence is......oynul Abedin J SAN Mominur Rahman J Ambia Khatun.............................Appellant Vs. Bangladesh and others.............Respondents Judgment August 10, 2009. Cases Referred to- Baldwin and Francis Ltd Vs. Parents Appeal Tribunal (1959) AC 663; Reg Vs. De Reuzen; Mostafa......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ..Category: Property Law | Date: | Hits: 30
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......evant points for consideration as to whether the impugned judgment and order of conviction and sentence deserves any interference by invoking the inherent jurisdiction of this court in exercising the power under section 561A of the Code of Criminal Procedure on the ground mentioned herein. In pursua......ali Bank vs Karnaphuli Works Ltd 46 DLR (AD) 55. Lawyers Involved: Shawkat Ali Khan, Senior Advocate with Md Shamsul Hoque, Advocate — For the Petitioner Golam Mohammad Chowdhury, Deputy Attorney General — For the State. Criminal Miscellaneous No. 3642 of 2001. Judgment Altaf H......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ..Category: Criminal Law | Date: | Hits: 37
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ...... Provided that the Court may, on the prayer of the Commissioner and an sufficient cause being shown, extend the time. 5. A reading of the above provision shows that Court has been clothed with the power to hold Local Investigation in a circumstance where it deems a Local Investigation to be requi......iff-petitioner in invoking this Court’s Civil Revisional Jurisdiction on laying petition under section 115 of the Code of Civil Procedure. 2. The fate of Civil Revision petition hinges on answer to the following two questions which are- (i) Whether Local Investigation under Order 26, rule 9 ......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ..Category: Administrative Law | Date: | Hits: 236
....ollows :-
"This meeting unanimously records its decision that in the interest of the development works of this Upazila and for proper execution of the works by Upazilla Parishad during the current financial year and for various corruption and for removal of abominable practices and for the inte......mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136....... represented- the Respondents.
Writ Petition No. 217 of 1986.
Judgment
Amin-Ur-Rahman Khan J. - By an application under Article 102 of the Constitution the petitioner obtained this Rule to challenge the resolution dated 25.3.1984 adopted and passed by Kowkhali Upazilla Parishad and......mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136...
Category: Administrative Law | Date: | Hits: 185
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ...... in the case of S.H, Quddus & others vs. Chairman, Labour Court, Chittagong and others reported in 33 DLR (HD) 1. It was observed as follows: “......under section 25 the Labour Court has got power to pass any order including an order for reinstatement in appropriate cases on an applicatio...... Md. Shahjahan Ali................................................Petitioner Vs. The Chairman, Labour Court, Rajshahi............Opposite Party Judgment April 7, 1987. Cases Referred to- Zeal Bangla Sugar Mills Ltd. vs. Chairman 1982 BLD (HD) 57, SH Quddus & others vs. Chair...... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ..Category: Labour and Industrial Law | Date: | Hits: 124
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ...... M. Noman vs. the Dhaka Improvement Trust, 16 DLR (Dhaka) 536 and The District Council of Comilla vs. Dr. M. Khalilur Rahman, 33 DLR 438 it has been contended that when there is no rule there is no power and, therefore, the initiation of the disciplinary proceeding was without jurisdiction. ......tion of Bangladesh .............................................Respondent (In all the Writ Petitions). Judgment March 10, 1987. Result: All the Rules are discharged. Cases Referred to- 32 DLR (AD) 46; 31 DLR 326; Vitarelli vs. Seaton (1959) 359 US 535; 3 L Ed 2d 1012 Ramana Day...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....s worth Taka 42 lac at the time of taking the original loan and, as such, they had no further properties to furnish additional security for their requested loan of Taka 25,00,000.00. At that time the financial possession of the defendant was very bad/and the plaintiff-bank having refused to grant hi......ose whether we can dismiss the suit when no appeal or objection has been filed by the defendant respondents. It appears that under Order 41 rule 33 of the Code of Civil Procedure this Court has ample power to pass any decree or order even where the respondent has not, filed any appeal or cross-objec......reeing the suit in part for an amount of Taka 5,67,540.00. 2. The plaintiff, Sonali Bank, brought this suit for recovery of Taka 22, 85,314.30 against the defendants for the amount of loan granted to them with interest accrued thereon as on 26-5-90 on the facts, in short, that, the defendant No. ......0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ..Category: Civil Law | Date: | Hits: 85
.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
......harge of a police-station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or......, Advocate……. Petitioner
Vs.
Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others………… Respondents
Judgment
24 October, 2001.
Lawyers Involved:
Abdur Razzaque, Advocate— For the Petitioner.
M Mahamudul ...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
..
Category: Anti-Corruption Laws | Date: | Hits: 178
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ting also that after the death of petitioner’s husband President Ziaur Rahman the government, in a meeting of council of ministers headed by President held on 12.06.1981, took decision to give huge financial and other benefits including a house with all modern amenities in Gulshan or other posh ar......ic interest. The learned Advocate has argued that there is no express provision in any law or rules barring leasing out any military land to any private person and as such the executive has residuary power in the name of the President to fill in the vacuum. In support of this contention the learned ......sdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Begum Khaleda Zia...........Petitioner Vs. Government of Bangladesh and others .......... Respondents. Judgment October 13, 2010. Result: The rule is discharged. Cases Referred to- 50 DLR (AD) 27, Kastu......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..Category: Property Law | Date: | Hits: 88
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
.... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ......woman. 4. Mr. MA Tariq appeared on behalf of the respondent decree holder. He has submitted that under section 6 Ka of the Artha Rin Adalat Ain 1990, the Artha Ain Adalat itself has been given the power to execute a decree passed by it. So, according to him, as the Artha Rin Adalat considered it ...... Advocate—For the Petitioner. MA Tariq, Advocate—For the Respondents. Writ Petition No. 1124 of 2001. Judgment Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the impugned order dated 20-7-20 (Annexure ‘E’) passed in Money Executio...... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ..Category: Civil Law | Date: | Hits: 89
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......as pronounced, and, when the judge has satisfied himself that the decree had been drawn up in accordance with the judgment he shall sign the decree. Rule 13 of Order XXVI of the Code speaks about the power of Court to issue a commission to such person to make the partition or separation according to......r Rahman, Advocates—For Opposite Party Nos. 2(a) & 2(b). Civil Revision No. 4616 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the order dated 26-10-99 passed by the Senior Assistant Judge, 4th Court, Dh......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......: Md. Asaduzzaman with Syed Mahmud Hossain, Advocates—For the Petitioners in both of the Rules. KM Saifuddin Ahmad—For the Respondent No. 3 in both the Rules. Shahabuddin Ahmad, Deputy Attorney-General, with Dr Quazi Rezaul Hoque, Assistant Attorney-General—For the Respondent Nos. 1, ......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......ule 3, 4, and 10 of Order 39 of the Code is an appealable order as per provision of rule 1(r) of Order 43 of the Code. 14. In approaching the controversy it will be profitable to notice Revisional power enshrined in section 115 of the Code which is quoted hereunder: “115. (1) The High Court ...... Improvement Trust Vs. Parkash Wanti, (1955) 5 SCC 159 (15, 24 & 29). Lawyers Involved: Shamusddin Choudhury, with Faisal Mahmud Faizee, Advocates—For the Petitioner. Mahmudul Islam, Attorney-General, with Probir Neogi, Assistant Attorney-General and M Aminuddin, Assistant Attorney-Ge...... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120...Category: Property Law | Date: | Hits: 34
.... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
...... of the Limitation Act has no application. As the petitioner has no other alternative remedy he moved this Court and obtained the present Rule.
5. The respondent No. 6 entered appearance by filing power but at the time of hearing did not contest the Rule.
6. We have heard Mr. Abdul Quayum, the......uayum, Advocate—For the Petitioner.
Not represented—the Respondents.
Writ Petition No. 1638 of 1996.
Judgment
MM Ruhul Amin J.- This Rule Nisi was issued calling upon the respondents to show cause as to why impugned order dated 3-5-1992 (Annexure-D) passed in Debt Settlement Board C...... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
..
Category: Property Law | Date: | Hits: 24
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......ock exchange, which is desirous of being recognised for the purpose of this Act may make an application in the prescribed manner to the Central Government. Under section 4 the Central Government is empowered to grant recognition to a stock exchange. Among the factors to be considered in granting rec......t Petition No. 2884 of 2000. Judgment Md. Joynul Abedin J.- This Rule Nisi was issued under Article 102 of the Constitution of the Peoples Republic of Bangladesh calling upon respondent Nos. 1 to 5 to show cause as to why the impugned letter No. DSE-433/2000/403 dated 1-3-2000 issued by the r...... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66...Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ...... not accompanied by violence. But, in our present set-up, the reluctance and sometimes the political subservience of the law-enforcing agencies and the absence of political will exhibited by those in power at the relevant time has really led to a situation where there is no effective attempt made by......J Syed JR Mudassir Hussain J MA Aziz J Khondaker Modarresh Elahi……………. Petitioner Vs Government of the People’s Republic of Bangladesh……… Respondents Judgment October 25, 2000. Cases Referred To- Bharat Kumar K Palicha and another vs State of Kerala and ......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......ravention of the Act is liable to imprisonment not exceeding 5 years or a fine not exceeding Taka 50,000. More over under Section 7 of the Environment Conservation Act, 1995, the authority has been empowered to direct any person responsible for causing damage to the ecosystem for adopting corrective....... and others............Petitioners (In Civil Petition No.761 of 2010) Mollah Salt (Triple Refined) Industries Ltd., Sharmagonj, Enayetnagar, Fatullah, Narayangonj represented by its Managing Director Mr. Alhaj Khabir Uddin Moullah...................................................Petitioner (In ......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....te to one which best suits the shareholders directors of listed companies and also open a flood gate for condonation applications. 26. He submitted that accounts and balance sheets of a particular financial year for a company, once audited and certified by the auditors and approved by the Board o...... only made it more complicated, occasioning failure of justice which requires interference for the ends of justice. 22. He submitted that the Section 14 of the Depositories Act 1999 (VI of 1999) empowers the SEC to give orders to issuers of shares relating to the interest of investors or smooth d......eard analogous with Company Matter Nos. 5, 10 and 11 of 2008.) Judgment Md. Abdul Matin J. - These three appeals arose out of the same judgment of the High Court Division and having been heard together are being disposed of under this judgment. C.A. No. 319 of 2008 has been filed by Mohamm......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411...Category: Company Law | Date: | Hits: 191
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