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Abdul Momen and others Vs. Dhaka City Corporation & others, 1997, 26 CLC (HCD)
.... City Corporation, the Mayor, Dhaka City Corporation, the Chief Engineer and Mr. Saifullah, partner of Shehin Traders are creating allegedly unlawful obstacles to peaceful possession and enjoyment of property rights of the petitioners. The respondents have recently taken up a scheme for construction...... Case is also Reported in: 50 DLR (HCD) (1998) 300. ......andoned in consideration of the petitioners’ right. He also contends that in the event of allowing such construction the petitioners will be deprived of their livelihood and the respondents have no legal right to stop the petitioners’ business. Mr. Sharif further contends that this Division in W..Category: Civil Law | Date: | Hits: 117
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....ce is taken against an accused onus to prove non contravention is on the accused under the provisions of section 25A of the Ordinance and as such cognizance in such a case should not be taken without proper application of mind by the Court to the allegations made in the complaint. He further submitt......Ltd., (1940) AC 1014 (at P 1022). Lawyers Involved: Serajul Huq, Rafiqul Huq, ABM Golam Majid, Anisul Huq with Taufika Karim, Advocates in support of the References. Dr. M Zahir, Dr. AKM Ali and Khaled H Chowdhury with Firoz Shah, Advocates, Opposing the References. KS Nabi, Attorney-Gen......on the grounds that issuance of warrant of arrest against the accused persons before filing the list of prosecution witnesses as required under section 204(IA) of the Code of Criminal Procedure was illegal and that the CMM acted in excess of his jurisdiction as the 4th column of the 2nd schedule of ..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
.... who satisfied the claim of the plaintiff No.1. It is the defendant No.3, the Chittagong Port Authority which is the contesting defendant. A number of issues, namely, that the suit is bad for want of proper notice, that the suit is barred by limitation; that there had been gross negligence and inord...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Chittagong Port Authority…………………Appellant Vs. Md. Ishaque and others…………………Respondents Judgment February 13, 1983. Result: The appe...... as a bailee. A bare reading of sections 50, 50A and 63 of the Chittagong Port Act appears to be thus: When the master of the ship lands the goods and leaves them in charge of the Port Authority, the legal effect is as if the master representing the Shipping Company had delivered the goods to the ..Category: Civil Law | Date: | Hits: 112
....started a Miscellaneous case, with the following order:
"17-3-73. This case is started on the basis of the prayer of the petitioner H.E. Percival for the separation and amalgamation of his landed property on which he has possession. It is stated by him that major portion of his property has be......
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
Md. Khairullah Bhuiyan………………Appellant
Vs.
Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others………………Respondents
Judgment
May 5, 1982.
Result:
The appeal is all......on of different plots of different holdings in one holding, namely, Khatian No.18 in Miscellaneous Case No.89 of 1972-73. Main ground of attack being that the amalgamation and consolidation was illegal, because this was done without serving any notice upon the co-sharers in the holding, namely, ..
Category: Property Law | Date: | Hits: 128
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....506/114 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of the rule, in short, is as follows: That all the a......) (2011) 343; 30 BLD (HCD) (2010) 400. ......nor it was ascertained by the police. It proves that both the complainant of this case and the police played the role of opponents of the petitioners herein. 24. Carrier of Mr. Omar Sadat in the legal field is very short and he has partisan colour. In short it can be safely held that he is noth..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ...... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......cause as to why judgment and order dated 16-8-1993 passed in IRO Case No.126 of 1990 (Annexure-C) by respondent No.1 should not be declared to have been made without any lawful authority and is of no legal effect. 2. Facts giving rise to this writ petition are, inter alia, that the petitioner Car..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....remained uncontroverted. Since no show cause notice has been issued before asking for payment of the short-levied excise duty the demand becomes illegal, furthermore, it appears from the facts that a proper officer of the Customs and Excise is posted at the gate pass and he countersigned the gate pa...... High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Sayed J R Mudassir Husain J Gazi Wires Ltd……………Petitioner Vs. National Board of Revenue and others………………Respondents Judgment April 1, 1998. Result: The Rule is made......ary National Board of Revenue (Annexure-G) to the petition demanding Taka 6,32,66,570.40 as the unpaid excise duty should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The short facts for disposal of this Rule are that the petitioner Company has be..Category: Fiscal/Taxation Law | Date: | Hits: 169
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
.... to the petition should not be declared to have been passed without any lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of this Rule are that the petitioner, after joining in th......pecial Original Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J MA Bari……………………Petitioner Vs. Chairman, Bangladesh Water Development Board (BWDB) and others………………Respondent Judgment January 21, 1998. Result: The Rule is m......espondents to show cause as to why the impugned order dated 1-4-1995 as contained in Annexure-I to the petition should not be declared to have been passed without any lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope..Category: Employment/Service Law | Date: | Hits: 184
....1985 submits that it has been 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 gives arbitrary power to......
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......ladesh. In the aforesaid 5 writ petitions, except Writ Petition No.1472 of 1996, the judgment and order passed by the First Court of Settlement have been passed without jurisdiction and hence void, illegal and without lawful authority.
3. For the sake of convenience we like to take up the first p..
Category: Property Law | Date: | Hits: 150
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....s actually triable by special Judge and learned Magistrate has no jurisdiction to take cognizance of the case and accordingly directed to return of the complaint petition for being presented to a proper Court. 6. The Deputy Commissioner, Bogra however started Certificate Proceeding against th......sion (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shabauddin Ahmed J Syed Md. Mohsen Ali J A.S.S. Mohammad Ali…………………Appellant Vs. The State and another……………………Respondent Judgment May 4, 1983. Result: The appeal ......ce of a complaint by private person could not be taken without the prior sanction of the appropriate authority and the High Court Division committed an error by not holding that such prosecution is illegal. Mr. Fazlul Karim drew our pointed attention to the background of the proceeding against the a..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
....false personification, which was not attested by persons whose names appeared as attesting witnesses in the will. Defendant-appellants asserted that as legal heirs they got interest in the assets and properties of the testator. Further Annada Charan Das Karmakar, father of the plaintiff-respondent, ......llants. S.R. Pal, Senior Advocate, (S.C. Das, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record - For respondent No.1. Civil Appeal No. 56 of 1982. (From the Judgment and Order dated 25.11.81 passed by the High Court Division in First Appeal No.20 of 1975). Judgme......dy to sign his name. The will was registered by false personification, which was not attested by persons whose names appeared as attesting witnesses in the will. Defendant-appellants asserted that as legal heirs they got interest in the assets and properties of the testator. Further Annada Charan Da..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... that he is a defaulter. It was contended that some of the heirs of Rajani Kanta namely, Monoranjan Singha, Atomba Singha and Maya Debi left for India and the share of these persons have become enemy property and vested in the Government and the Government granted settlement of two-fifth share of th......…………Appellant Vs. Maya Debi & others……………………Respondents Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 18 Q.B.D. 704. Lawyer......wal of the suit from the Court of the S.C.C. Judge. The learned District Judge observed: "It is to be decided first whether Monoranjan predeceased his father, whether vesting of 1/5th property was legal and whether the lease of 1/5th share to the petitioner is legal and binding on the O.P. So, wi..Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....tition moved in Court should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a nationalised Bank under President's Order 26 of 1972 and in course......n) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Agrani Bank……………………………………………………………..Petitioner Vs. Sultana Jute Mills Limited and others…………………….Respondents Judgment December 1, 1993. Result: The R...... entertaining the counter‑claim of respondent Nos. 1‑5 as evidenced by Annexure-C to the petition moved in Court should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....d collect the duties being satisfied with the guiding principles for determination of the production capacity and that the Board has rightly issued the notifications. As we have already observed that proper care and precaution being not taken in safeguarding the interest of the petitioners by not fr......in J Kazi AT Manowaruddin J Eastern Beverage Industries Ltd………………………………………….Petitioner (In Writ Petition No. 728 of 1990) Bangladesh Beverage Industries Ltd. and another.............Petitioner (In Writ Petition No. 803 of 1990) Dhaka Beverage Industries L......edent for determination of production capacity under section 3 (4) of the Excise and Salt Act, 1944. The fixation of production capacity by Rules under the SROs which are under challenge are highly illegal, arbitrary and oppressive. It is argued that the determination of production capacity by the i..Category: Fiscal/Taxation Law | Date: | Hits: 199
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....passed by the Artha Rin Adalat No.3 and Subordinate Judge, Dhaka in Money Suit No 109 of 1991 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule are as follows: The opposit......………Petitioner Vs. Bank Indosuez…………………Opposite Party Judgment January 19, 1998. Result: The Rule is discharged. Cases Referred to- Sultana Jute Mills Ltd. and ors Vs. Agrani Bank and others, 14 BLD (AD) (1994) 195; 46 DLR (AD) 174. Lawyers Involved: ......ode of Civil Procedure against an interlocutory order passed by the Artha Rin Adalat rather in view of the decision reported in 46 DLR (AD) 174 the learned Advocate for the petitioner concedes to the legal position. 15. For the reasons stated above we are of the view that the present revisional a..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
.... Nath took over possession of the remaining part of the suit premises. Nagendra left for Kushtia in 1956 in the said year and since then he has been carrying on Homeopathic business thereon. The suit property was declared as Enemy Property and the defendant No.1 and late Saber Ali took lease of the ......st. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......r section 25 of the Small Causes Courts Act and review application before the same Court under Order 47 rule 1 of the Code of Civil Procedure was misconceived and the learned SCC Judge committed an illegality by entertaining the same. The learned Advocate further submits that there was no decision o..Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....o try the Deputy Attorney-General. This is an unauthorised assumption of power, I refrain from saying all that could be said, but I should at least say this much that this was neither permissible nor proper. His disregard and violation of the Chief Justice's order gave a very easy handle to the De......of the High Court Division, Jessore Bench, dated 13.4.83 passed in Criminal Revision No.25 of 1983 (Suo Motu) Judgment Fazle Munim CJ.- I have gone through the judgment of Shahabuddin Ahmed, J. and agree with his reasoning and conclusion. I would, however, like to add a few words on some aspec......If men including judges......were angels there would be no problems of contempt of Court. Angelic judges would be undisturbed by extraneous influences.” 17. But when the Bench is not constituted legally or it exercises jurisdiction not vested in it, the entire proceeding is coram non judice. Su..Category: Criminal Law | Date: | Hits: 116
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....is interest devolved on defendant-appellant and his brother and sister. Then died Ashrafjan on 12.11.58 at a ripe old age of 95. Ashrafjan was joint in mess with appellant, who used to manage her property Ashrafjan's interest devolved on her full sister, plaintiff 1 and plaintiffs 2 to 5, the he......pondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......ny issue or issues of fact necessary for the disposal of the appeal, which has not been determined by the lower appellate Court, or which has been wrongly determined, by such Court by reason of any illegality, omission, error or defect such as is referred to in subsection (1) of section 100. The fun..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
.... allegation police submitted charge-sheet on 18-7-1976. In the charge-sheet the fact of the case that was investigated was the allegation of the over-draft "without giving any document of mortgage of property to the Bank as per rules" and charge-sheet submitted under section 406, 409, 477A and 16(3)......………………Respondent Judgment April 6, 1983. Result: The appeal is dismissed. Case Referred to- Rumball Vs. Schmidt, (1882) 2 QBD 603. Lawyers Involved: Moinul Hosein and Md. Joynal Abedin, Advocates, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record......suspended from the service of the Bank by order of the Head Office dated 25-4-75 pending enquiry into the matter; (b) in the meantime he disbursed a sum of Tk. 2 lakh to the accused No.2 (by way of illegal temporary over-draft) "in gross violation of the Bank's Rules and against the credit restricti..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....no. 6 is the Nandan Food and Beverage Industries Limited, a private limited company and incorporated in Bangladesh. 4. Respondent No.4, the Rajdhani Unnayon Kartipakhya (RAJUK), leased the subject property to the respondent no. 1, for a period of 99 years at a token consideration of taka 1/- (one......dhury J Sheikh Md. Zakir Hossain J A.F. Shahab Uddin Ahmed......... Petitioner. Vs. National Shooting Federation, Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respondents. Judgment December 12, 2010. Result: The Rule is made ab...... lease agreement signed between them on 09.04.2010, in alleged violation of the terms and conditions of RAJUK’s registered lease deed, dated 25.10.1998, should not be declared to have been passed illegally, without lawful authority and is of no legal effect.” 2. The petitioner’s averments, ..Category: Property Law | Date: | Hits: 159
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