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Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......, he should be given relief in an application under Section 561A of the Code of Criminal Procedure, which is beyond its scope. 8. It may be mentioned that the jurisdiction of exercising the power under Section 561A has been well settled. In this connection a decision relevant in the ...... Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 134 of 2003 (From the Judgment and Order dated 04.05.2003 passed by the High C......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 55
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......dominant factor for promotion, according to Service Regulation of 1997. The respondent has further stated that it is not true that the Board of Directors of the BSC has not delegated relevant power of appointment "to the Managing Director (respondent No.2) for appointment and promotion...... Corporation & others...............Appellants Vs Mohammad Hossain & others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... was held was not proper and the order of dismissal having been passed in the background of the said non-proper inquiry the same is illegal and the action of the authority is nothing but misuse of power, that the order of dismissal passed in respect of the plaintiff is uncalled for and that acti......Cadet College, Pabna, Bangladesh and another ............Appellant Vs A.B.M. Abdul Matin .......................Respondent Judgment July 30, 2006. Cases Referred to- Mohammed Abdul Nairn Vs. the Chairman, Board of Director, Sonali Bank, Head office and o...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......der of stay passed in the civil revision case" and also the submission that the High Court Division in its revisional jurisdiction under section 115(1) of the Code of Civil Procedure having no power to clarify any order passed by the executive, the said Division Bench erred in making observ...... (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Serjuddowla Sowdagor...........................Appellant Vs Administrator of Waqf & others............ Respondents Judgment August 16, 2004. La......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 190
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......hority. 5. Mainul Hosein, learned Counsel for the appellant, submits that section 196B of the Customs Act was amended by Act, XXVII of 1987 which now stands as follows- "196B power of the Government to call for and examine records. The Government may on its own motion or o...... Lawyers Involved: Mainul Hosein, Advocate (Md. Joynal Abedin, Advocate with him) Instructed by Md. Aftab Hossain, Advocate-on- Record-For the appellant. A.W.Bhuiyan Additional Attorney General, instructed By Mr. B. Hossain, Advocate-on –Record-For respondent Nos. 1-......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......de during the pendency to the appeal. He further submits that the validity of otherwise of taking possession was subjudice before the court and the High Court Division erred in exercising the power under section 151 of the code of Civil Procedure when exercise of power under section 144 was......cate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1 (In both the cases) Not Represented-Respondent Nos.2&3 (In both the cases) Civil Petition for leave to Appeal No. 231 and 245 of 2005. (From the Judgment and Order dated 13.12.2004 passed by t......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 41
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......This is a glaring example of non-application of mind to the facts of the case by the learned Judges of the High Court Division. 9. Amendment of a plaint can be allowed in the discretionary power of the Court and such discretion is required to be exercised judicially and not in an arbitr......ffs. The plaintiffs thereafter filed an application under Order VI, rule 17 of the Code of Civil Procedure for amendment of the plaint by incorporating a prayer for partition as an alternative to the prayer for eviction and also for addition of two persons as defendants. The trial ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......respective building for a long time obviously amicably, but by filing the suit for partition, plaintiffs threw a stone in the still water causing claims and counter-claims. A court has an inherent power to refuse to divide the property by metes and bounds as the relief for partition is an e...... Judgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit in a court of competent jurisdiction and if his claim is ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......sion has not given any decision as to Clause 17 of the lease deed under which the Government is authorised to lease out the mineral resources found beneath the surface and other than that it has no power to allow any person to collect ordinary sand from the so-called Balumohal of the tea estate,......ted company and carrying on business of plantation, cultivation, production and processing of tea and other allied products, the appellant and the Deputy Commissioner, Habiganj entered into an agreement on March 19, 1988 and thereof the appellant was granted lease of Chundeecherra Tea ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
.... 8. It is to be borne in mind that Artha Rin Adalat Ain, 1990 is a special legislation and the Artha Rin Adalat created thereunder to recover outstanding loans given by the banks and financial institutions is a special court and not an ordinary civil Court as it arbitrates on loan ......jurisdiction of the civil court including the High Court Division under section115 of the Code of Civil Procedure. However, the aggrieved party can invoke writ jurisdiction under Article 102 as the powers conferred on the High Court Division under the said Article cannot be taken away or abridge......ust 1, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 102 The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 An interlocutory order of the Artha Rin Adalat is final and conclusive and the aggrieved party cannot invoke r......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......e or destruction of property, it requires to be proved that not merely the plaintiffs interest but for the interest of all the parties in the suit the property concerned needs to be protected; the power to appoint a receiver as conferred by Order 40, rule 1 CPC should therefore be sparingly used...... M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Salahuddin Khan.............................................Petitioner Vs. Most. Halima Akhter Khatoon and others…................Respondents Judgment April 19, 2007. L......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......er. Md. Abdul Wadud Bhuiyan, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 67 of 2007. (From the judgment and order dated 12.12.2006 passed by the High Court......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......f the plaintiff leaving behind one Jamini Bala as his only legal heir and successor but one Narayan Chandra Das substituted in the plaint who ever failed to depose in the suit and he never gave any power of attorney to Ganga Moni to depose in the suit but one Ganga Moni Das, daughter of Ganga Cha......li Sardar, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record-For the Petitioners Mahmuda Begum, Advocate-on-Record-For the Respondent Civil Petition for Leave to Appeal No. 1432 Of 2004 (From the judgment and order dated the 17th July, 2004 passed by ......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 28
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......ion 2D of the Companies Act but the learned Judges have lost sight of the said provision in the case of British India Corporation Co V Mengies that under section 95 of the Companies Act, no inherent power could be resorted to ever for any relief by the Company Judge, for the Company Court could no......out of the impugned judgment and order dated 11th December, 2001 passed by the learned Company Judge of the High Court Division dismissing the Company Matter Nos.79 and 86 of 2001 holding the same to be not maintainable in the Company Court rejecting an application for direction upon the respond......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ..Category: Business or Commercial Law | Date: | Hits: 147
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ...... The Constitution of the People’s Republic of Bangladesh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for eviction of the petitioner as...... ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......8 of the Constitution. 8. The High Court Division, however, upheld the constitutionality of the impugned Act. It was held that the Act was passed by the Parliament in exercise of its legislative power under Article 65(1) of the Constitution and that as the Society was never formed by citizens i......etary, Ministry of Law and Justice & others........Respondents Judgment January 30, 1990. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Articles 38 & 102 Though membership to the Society is open to all citizens of Bangla...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......second part of the observation, obviously because there is no complaint that any provision of the Election Law has been violated by the Returning Officer 'or the Nirbahi Officer in exercising their power to reject the nomination paper. The learned Single Judge has relied upon the first part of the......ment February 8, 1990. Result: The appeal is allowed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 26 Section 26 of the UP Ordinance has put a clear bar to determination of an election dispute by any court except the Election Tribunal. Secondly, the who......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......s and Urban Development of the Government of Bangladesh being impleaded as respondent No.1 and although Mr. Qazi Shafiuddin, the learned Assistant Attorney-General, has entered appearance and filed power on behalf of the Ministry, according to the learned Assistant Attorney-General notwithstandi...... dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment October 31, 1989. The Bangladesh Abandoned Properties (Management, Control and Disposal) Order, 197......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......ument under Order 7, Rule, 14 of the Code of Civil Procedure, 1908 us quote the same which is as follows:- “14. (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them in Court when the plaint is pr......ument under Rule 14 of Order VII CPC has no manner of application in considering the petition under Order VII Rule 11 of the Code. Nor on point of maintainability of the suit, the plaint is liable to be thrown away in limine as the question may be agitated in framing an issue to the point. Ther......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ...... the appeal as against the judgment and decree dated August 14, 1991 of the 1st Court of Assistant Judge, Dhaka. The learned Advocate for the petitioner has submitted that while a Court exercises its power upon assigning reason the reason so assigned is required to be based on fact. The contention s...... represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 2006. Cases Referred To- Ata Ullah Malik vs. The Custodian of Evacuee Property, West Pakistan Karachi and others, 16 DLR (SC) 298; Lyallpur vs. Ch. Faq......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
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