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.... it was established on 07.08.2003, vide Education Ministry's Memo No. সিম/শাঃ ১৪/৮ বেঃ বি-à§/২০০৩/৩৮০, through provisional approval of the Government. After proper enquiry and investigation, the writ-respondents granted provisional approval to the petitione......ammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
University Grants Commission and another.................................Petitioners
Vs.
University of Information Technolo......y, so all the Private Universities have been directed by the Government and the University Grants Commission to close down their outer campuses with immediate effect. The petitioner-University is not legally entitled to start and run the outer campuses inasmuch as it did not take any approval from t..
Category: Others | Date: | Hits: 197
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....e cousin Jogesh and Jogesh died leaving behind wife Shovarani, the pro forma respondent No.4, and another daughter; while in possession of the suit land, the pro forma respondent No.4 sold her entire property including the 26 decimals of land, the suit land, to the respondent No.1 and she is the own...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohamaya Rani Saha....................................Petitioner Vs. Dr. Ashequr Rahman Khan and others..............Respondents Judgment November 9, 2008. Result: All the petitions......aka Gazette dated 4-12-1965. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision in both the Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions..Category: Property Law | Date: | Hits: 76
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....arram Hossain (1977) 29 DLR (AD) 185, has held that an incorporated company has got the fundamental attribute of a corpoÂrate personality which is entirely distinct from that of its members, and the property of the Company is distinct from that of its meÂmbers whose only properties are their share...... Khan, Advocate, (absent) - For the Respondent No.1. K.A. Bakr, Attorney-General, instructed by S.S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.44 of 1978. (From the Judgment and Order dated 25.3.77 passed by the High Court in Writ petition No.205 of 1974). Judgment Ke......er found malafide in the dismissal order and so the order of dismissal was declared to have been passed without lawful authority. In order to appreciate the question before us we are first to see the legal character of a Company incorporated under the Companies Act, and then to see how far that lega..Category: Employment/Service Law | Date: | Hits: 104
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....owed. The judgment and decree of the High Court DiviÂsion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......4. ......No. 128 of 1965, that the plaintiff got title in the suit land by purchase but he was dispossessed forcibly by defendant No. 1 on the strength of his purchase by the kabala dated 11-7-63 which got no legal basis. 4. A second appeal was preferred against that judgment - S.A. No. 220 of 1963 in whi..Category: Property Law | Date: | Hits: 58
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....s through Court. 4. The respondents contested the case by filing a joint written objection, denying the allegation of non-service of summons upon the appellants and stating further that those were properly served and that appellants knew about the decree as they live with their paternal uncles, d......3) 162.......he appellants, who were defendants No. 28 (Kha) and 28(Kha) and others for declaration that the auction sale of the suit lands held in Money Execution Case No. 233 of 1942 and 44 of 1943 were void, illegal and inoperative and for recovery of possession of the suit land. During the pendency of the su..Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....s been conferred by subÂsection (2) of section 439A has been negative by sub-section (4) of section 439. The conflict arising out of the amendments seems to be the result of confusion and absence of proper application of the legislative mind which, in our opinion, can be removed by further amendmen...... Appellate Division (Civil Appellate Jurisdiction) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Shafiqur Rahman and others…………………………Appellants Vs. Nurul Islam ChowÂdhury and others…â€......the record of any proceeding before any infeÂrior Criminal Court situate within the local limits of its or his jurisdiction for the purpose of satisfying itself or himself as to the correctÂness or legality or propriety of any finding, sentence or order recorded or passed and as to the enquiry of ..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....ough no special leave was granted on the question of defect of parties in the appeal before us the point as to non-joinder of certain persons who appear to have acquired some interest in the disputed properties on the basis of several deeds of transfer, Ext. 10 series executed by some of the plainti......appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......n, 13 M.I.A. 567, for making out a case of the defendants No.2 to 4's title to the disputed lands; (4) whether the High Court Division acted illeÂgally in failing to take notice of the establiÂshed legal position that the acceptance of a Kabuliyat or rent was sufficient in law to create a tenancy ..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....the suit as a preliminary issue. To decide the question of abatement of the suit in the light of the proviÂsions of the newly enacted sections 86 and 87 of the State Acquisition and Tenancy Act, the proper procedure which should have been followed was to take the allegations made in the plaint as s......igh Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......es found it difficult to determine the rights of litigant parties claiming chars or other lands gained in the manner above described. The Court of Sadar Diwani Adalat, with a view to ascertain the legal proÂvisions of the Muhammadan and Hindu laws on this subject, called for reports from their l..Category: Property Law | Date: | Hits: 133
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....e Subordinate Court has committed any error of law ‘resulting in an error in the decision occasioning failure of justice’. The order of the learned Senior Assistant Judge may have been a bad or improper order for not assigning reasons but before interfering with the same the High Court Division ......on (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Akram Ali Pk. and others……………….....Petitioners Vs. Md. Yasin Ali and others...........................wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
..../34 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the case were stayed f......3 of 2007 arising out of CR (Petition Case) No.1080 of 2007 under sections 406/408/409/420/34 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other order or further order or orders as to this Court may seem fit and proper. ......ings would secure the ends of justice. If the criminal proceeding in question is in respect of an offence alleged to have been committed by an accused person and it manifestly appears that there is a legal bar against the institution or continuance of the said proceedings the High Court would be jus..Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....nding in the 4th Court of Additional Chief Metropolitan Magistrate, Dhaka, should not quashed, so far it relates to the accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all further of proceedings of the aforesaid case were s......w pending in the 4th Court of Additional Chief Metropolitan Magistrate, Dhaka, should not quashed, so far it relates to the accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all further of proceedings of the aforesaid case we...... cheating and criminal breach of trust, the accused-petitioner should not be compelled to wait till hearing of charge under section 241A of the Code of Criminal Procedure. He submits that there is no legal bar for quashment of the proceedings at the initial stage of the investigation in order to pre..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....ni on consideration of the evidence on records, documents, exhibits and other connected papers passed in the Judgment and decree in favour of the petitioner Dr. Md. Jahangir Alam which was absolutely proper and justified. The learned Senior Assistant Judge, Parshuram, Feni observed that the plaintif......rt High Court Division (Civil Revisional Jurisdiction) Present: SAK Md. Dabirus Shan J Jahangir Alam Chowdhury (Md.)……………………Petitioner Vs. Zabun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rul......Judge, Feni Sadar, Feni for declaration that the gift deed No. 6457 dated 25-11-2001 registered with Feni Sadar Sub-registry Office executed by the defendant No.2 in favour of the defendant No.1 is illegal, collusive, void, inoperative and not binding upon him. The case was subsequently transferred ..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ...... High Court Division (Criminal Revisional Jurisdiction) Present: AKM Asaduzzaman J Md. Rezaul Hasan J Nurun Nabi (Md.)..................Accused-Petitioner Vs. Md. Abu Taher Khan and anr....................Opposite Parties Judgment December 10, 2009. Result: The Rule......n, learned Advocates appearing for the opposite party No.1 drawing our attention to the complaint petition, annexed as Annexure-"A" to the petition under section 561A, mainly submits that there is no legal bar under section 138 of the Negotiable Instruments Act in issuing a single notice for dishono..Category: Criminal Law | Date: | Hits: 86
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....the Penal Code. 15. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in these appeals. 16. P.W.1, Md. Moslem Uddin is the Officer-in-Charge, Saraigach......Reported in: 62 DLR (HCD) (2010) 309. ......dence; that no independent and disinterested witnesses came to depose in support of the prosecution case and the witnesses who deposed are interested and partisan witnesses and that the Court below illegally convicted the appellants on the basis of confessional statements of the co-accused. They fur..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....n defence version gets support from the prosecution witnesses and attending circumstances which may be sufficient for their acquittal. Defence may put to prosecution witness any suggestion they think proper and the accused may take any pleas including inconsistent pleas and for such inconsistent ple...... This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......the accused appellants under section 342 of the Code of Criminal Procedure, they were afforded with no information as to the circumstances and accusation which they were to explain, resulting in an illegality vitiating the entire trial; that no independent and disinterested eye-witness deposed in th..Category: Criminal Law | Date: | Hits: 66
.... that a large portion of Bangladesh was within the vulnerable earthquake zone.
4. It is reported that in future there is possiÂbility of occurrence of severe earthquake in Bangladesh. Till date, proper rescue arrangement is not available in our country. If an earthquake of higher magnitude occu......s also Reported in: 63 DLR (HD) (2011) 71.
......ued calling upon the respondent to show cause as to why the inaction of the respondents to arrange sufficient rescue equipments in case of disaster caused by earthquake should not be declared to be illegal and without lawful authority and why a direction should not be given upon the respondents to a..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....her members of his family are directors including Kazi Zahir Hussain, who was the Managing Director, having in need of money the Board of Directors of defendant No.1 on 3-10-1989 decided to sell suit property and expressed their desire to that effect, to which, Al-haj Mansur Rahman, predecesÂsor of......se is also Reported in: 63 DLR (HD) (2011) 66.......em with filthy-language to which plaintiff No.2 made GD entry No.259 dated 20-6-2000 with the Shyampur Police Station. On 21-12-2001 defendant No.2 with the help of some local mastans, forcibly and illegally trespassed in to the suit premises and mercilessly beaten the care taker and darwan of the p..Category: Property Law | Date: | Hits: 78
....s plaintiff instituted Title Suit No. 165 of 2001 in the Court of the Subordinate Judge and Artha Rin Adalat No.1, Dhaka for realisation of Taka 8,64,87,775 as on 30‑6‑01 by selling the mortgaged property impleading the petitioners as defendant in the suit asserting, inter alia, that Messrs Delw......rted in: 56 DLR (2004) 641.
...... the impugned judgment and decree dated 14‑5Â-02 (Annexure D) passed by the respondent No. 1 in Title Suit No. 165/01 should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts as stated in the writ petition are that, the petitioner No. 1 Banglade..
Category: Property Law | Date: | Hits: 173
Hanif Shaikh (Md) Vs. Government of BanglaÂdesh and others, 2004, 33 CLC (HCD)
....nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ......sion (Special Original Jurisdiction) Present: SAN Mominur Rahman J Zubayer Rahman Chowdhury J Hanif Shaikh (Md) ........................Petitioner Vs. Government of BanglaÂdesh and others ..................Respondents Judgment May 26, 2004. Result: The Rule is mad......02 passed by the respondent No. 2 cancelling the declaration of "Dainik Uttarbanga Barta" evidenced by Annexure E to the writ petition, should not be declared to be without lawful authority and of no legal effect. The Rule has been opposed, but no affidavit-in-opposition has been filed. 2. Lea..Category: Information Technology Law | Date: | Hits: 282
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....lation to EC No. 4474 relating to Tariqullah Biswas Waqf Estate wherein the Waqf Administrator held said Nurjahan Begum a tenant (bharatia) under the Tariqullah Waqf Estate and declared that the case property is the Waqf property of said Waqf Estate. 3. Mr. AH Mahfazur Rahman, the learned Advocat......Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Muzammel Hossain J AKM Abdullah Harun.................Petitioner Vs. Additional District Judge and others.............Respondents Judgment June 21, 2001. Result: The Rule is discharge......gh Court shall be final." 8. The main, point for determination is, whether the District Judge can transfer the matter to the Additional District Judge, and whether the Additional District Judge is legally competent to hear and dispose of the matter. 9. The word District Judge is not defined ei..Category: Trust/Waqf Law | Date: | Hits: 153
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