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Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......idence and also the evidentiary value of the deposition of those witnesses, in Rule 23(4) of the Tenancy Rules which was added by Gazette Notification on the 7th of April, 1967, an additional power was given to the Revenue Officer to deal with cases involving fraud which was not covere......ip;……Petitioners Vs. Khariat Hossain and others.....................Respondents Judgment July 23, 2006. Lawyers Involved: Omar Faruq, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Amir Hoss......d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ..Category: Property Law | Date: | Hits: 27
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ......m and Articles of Association of a banking company stands void if the same contradicts with any of the provision of the Bank Company Act, 1991 and further section 45 of the Bank Company Act 1991 empowers the Bangladesh Bank to issue direction for securing proper management of any banking co......Tafazzul Islam J Bangladesh Bank ........................Petitioner Vs. Sk. Abul Hossain and others..........Respondents Judgment May 2, 2006. Case Referred to- Ghyasuddin Ahmed vs. Faruque 38 DLR (AD) 296. Lawyers Involved: Ajmalul H......rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ..Category: Business or Commercial Law | Date: | Hits: 78
Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)
....nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ...... form nor the impugned judgment of acquittal calls for interference under the extraordinary jurisdiction on the ground canvassed before us". The High Court Division further observed that power under section 561A of the Cr.P.C in the instant case would have been exercised by the High Co...... Amin J M.M. Ruhul Amin J Md. Tafazaul Islam J Razia Khatun.......................Petitioner Vs. Idris Ali and another.........Respondents Judgment October 23, 2005. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by A.S......nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ..Category: Criminal Law | Date: | Hits: 36
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
....time; the non-shipment of the last consignment delayed the project implementation and ultimately led to the change in the products/business of the Company. As such the company sustained adverse financial results in the years from 1996-97 to 1998-99 leading to no dividend to the shareholders.......iyan, the learned Counsel appearing for the petitioners, submitted that section 21 of the Securities and Exchange Ordinance, 1969 not having provided any principle or guideline for the exercise of power to order or cause an enquiry to be made by the commission into the affairs of the issuer of a......r. Mahmudul Islam, Senior Advocate, instructed by Md. Ahsanullah Patwary, Advocate-on-Record- Respondent No. 2. Not represented- Respondent Nos. 1, 3-5. Civil Petition for leave to Appeal No. 1581 of 2002. (From the Order dated 20th August 2002 passed by the High Court ...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ..Category: Criminal Law | Date: | Hits: 36
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....ental proceeding was initiated against him by framing charges with the allegations that he was involved with the occurrence of false destruction of imported foreign raw materials which caused huge financial loss to the Government. The petitioner submitted a written reply against the charges deny......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......ers Involved: Al-Haj Gius Uddin Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 1039 of 2002 (From the judgment and order dated 30.04.2002 passed by the Adm......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ..Category: Criminal Law | Date: | Hits: 41
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......ur Rab as plaintiff on 17.11.1990 instituted Title Suit No.388 of 1990 in the First Court of Assistant Judge at Dhaka against Abdul Jalil and others for a decree of declaration including one that the power of attorney being No.7005 dated 02.07.80 and 8008 dated 30.12.89 executed and registered by de......Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Appellant. Not Represented- For the Respondent. Civil Petition for Leave to Appeal No. 258 of 2005 (From the judgment and order dated 14th December, 2004 passed by the Hi......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221...Category: Tenancy Law | Date: | Hits: 180
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......bove observation, the respondent-contemner Nos.3-5 took the actions on bonafide belief. It also referred to two decisions reported in 14 DLR (SC) 273 and 15 DLR (SC) 150 and has submitted that the power granted to the Court to decide the question of contempt of Court should be used very sparingl......p contempt of Court, a Contempt Petition No.84 of 2002 arising out of Writ Petition No. 1010 of 2002 was filed on 16 November 2002 whereupon a rule was issued calling upon the appellants and others to show cause as to why contempt proceeding should not be drawn up against them and/or pass such ot......lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ..Category: Criminal Law | Date: | Hits: 47
Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)
.... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ......hile he was working as an ASI of Special Branch, Dhaka received the impugned malafide and illegal order dated 07.10.2003 issued by the Inspector General of Police (Acting) in purported exercise of power under Section 9(2) of the Public Servants (Retirement) Act, 1974 on 11.10.2003. The impugned .................Petitioners Vs. Md. Waziullah........................Respondent Judgment February 6, 2008. Lawyers Involved: Hasan Faez Siddique, Additional Attorney General, instructed by Zainul Abedin, Advocate-on-Record- For the Petitioners A. F. ...... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ..Category: Administrative Law | Date: | Hits: 120
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......ed in the FIR tried to grab the said property by showing lease of the same in favour of some fake persons and at their instance, two persons, Motahar Ali and Mokter Ali, on the basis of two alleged power of attornies dated 28.9.1978 and 24.10.1979, claimed to be the owner of the said property but......tructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioners (In both the cases) Not represented- Respondent (In both the cases) Criminal Petition for Leave to Appeal Nos. 314-315 of 2005. (From the judgment and order dated 24.5.2007 passed by the H......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
.... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ...... the step motherly treatment meted out to the accountants of the Supreme Court of Bangladesh. It was further stated that as per Services (Re-organization and Condition) Act 1975 the Government have power to uniform the grade arid scale and other terms and conditions of the service amongst the em......oner Vs. Md. Abdur Rashid and others ....................................Respondents Judgment: February 2, 2006 Lawyers Involved: A. Azim Khair, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-record- For the Petitioners. ...... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ..Category: Employment/Service Law | Date: | Hits: 69
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ...... Abdul Wadud Bhuiyan, the learned Senior Counsel for the appellant. 7. The pertinent question for determination in this matter is whether the learned Joint District Judge and Arbitrator had power to review his judgment earlier passed in view of the fact that in the Acquisition and Requisi......;………………… Appellant (in all the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Land Acquisition Collector & others..............................Respondents (in all the cases) Judgment ......cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......ourt though sitting on appeal over the judgment and order of acquittal passed by the High Court Division but unlike subordinate Courts even the High Court Division this Court has been given a special power to do complete justice under Article 104 of the Constitution, inasmuch as this Court has been ......Appeal No. 52 of 2007) Anisul Huq, learned Advocate, instructed by Syed Mahbubur Rahman, Advocate-in-Record—For the Appellant (In Criminal Appeal No. 53 of 2007) Abu Bakkar Siddique, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent (In both the cases)...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..Category: Criminal Law | Date: | Hits: 94
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......randum which has no force of law. This- is a mere guide-line Further we find that the Bangladesh Public Service Commission (Consultation) Regulation. 1979 was made by the President in exercise of power conferred under Article 140 (2) of the Constitution on 27 October, 1979 which reads as follo...... May 8, 2000. Case Referred To- Bangladesh vs. Md. Matiur Rahman, 1982 BLD (AD)109 = 34 DLR (AD) 285. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record—For the Appellant. ......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..Category: Administrative Law | Date: | Hits: 94
Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
....o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ...... Code of Civil Procedure, 1908 (V of 1908), Order XLI rule 14(3) Even though The High Court Division acted under section 151 of Code of Civil Procedure, Order XLI rule 14(3) has given ample power to the High Court Division to dispense with service of notice upon the non contesting respond...... of Civil Procedure, 1908 (V of 1908), Order XLI rule 14(3) Even though The High Court Division acted under section 151 of Code of Civil Procedure, Order XLI rule 14(3) has given ample power to the High Court Division to dispense with service of notice upon the non contesting respondents. ......o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ..Category: Election Law | Date: | Hits: 112
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......econdly, whether the notices were unduly dictated by Bangladesh Bank. Section 45 (1) (Ga) (Gha) and section 49 (kha) of the Basil Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning an business of banking companies. Therefore when Al Bank had intimated Ba...... The Bank Companies Act, 1991 (X of 1991), Sections 17, 45 & 49 As the petitioner submitted no representation under sub-section (2) of section 17 of the Act the writ petition, against notice to repay the loan and failing which directorship of the petitioner of the concerned bank to cease, w......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......ining no Code number or signature of the Assistant Presiding Officer Mr. Rafique-ul-Huq submits that under Article 91(c) the Election Commission may “issue such instructions and exercise such powers and make such consequential orders as may, in its opinion be necessary for ensuring that an ......ip;. Respondent Judgment August 26, 1999. The Representation of People’s Order, 1972 (President’s Order No. 155 of 1972), Article 31(2) (d) (e) A ballot paper is to be stamped on its back with full official mark and counterfoil is also to be stamped accordingly......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......strict Judge summarily rejected the revision petition. Leave was granted to consider the following questions: (1) When the District Judge has 5 jurisdictions to decide the same matter under powers conferred by a statute viz. sections 73/74 of the Trust Act and also under certain terms of a......nd its audit and procedures for holding of election of the next committee and measures for their infraction. Articles 23 and 36 are the two articles which cover this contingency. A detailed reference to them at this stage is not called for, because the question of jurisdiction of the District Judge ...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ...... “OFFICE OF THE DEPUTY COMMISSIONER NOAKHALI (L.G.R.D. Section) NOTIFICATION Noakhali the 30th November, 1976 No. 1087-LGRD - In exercise of power conferred upon me under Article of the Bangladesh Local Councils and Municipal Committees ....... 18 of 1977 summarily rejecting the appellant's petition wherein he impugned the orders of the respondent Nos. 2 and 3 ejecting his nomination paper and prayed for directing respondent No. 2 to make delimitation of the wards as per notification issued on November 30, 1976 and also for hold......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ..Category: Election Law | Date: | Hits: 114
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......ference with the order of the Munsif passed under Order I rule 10 of the Code of Civil Procedure and committed an error of law in practically deciding the main issues of the suit while exercising the power under section 115 of the Code of Civil Procedure. 3. Respondent No. 1 instituted a suit bei......in Hossain CJ Fazle Munim J Ruhul Islam J Amal Kumar Moitra………………Appellant Vs. Md. Mashiur Rahman…………..Respondent Judgment February 23, 1978. Case Referred to: Shahaza Muhd Umar Beg Vs. Sultan Muhammad Khan (1970) 22 DLR (SC) 41. Lawyers Involved: ......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......ased defendant.” 7. Now the question posed by Mr. Ali is whether the High Court which recorded the impugned order was competent to alter the said order in exercise of its inherent power under section 151 of the Code of Civil Procedure, 1908. He argued that even if it be assumed ......ury J Master Abdul Aziz………..Appellant Vs. Abani Mohan Mukherjee and others…. Respondents Judgment May 2, 1975. Cases Referred to: Brig Indar Singh T. Kanshi Ram, 44 Indian Appeals 218; Piyaratana v. Paharke, 4 D......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ..Category: Civil Law | Date: | Hits: 116
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