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Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......ly BTL, permitting BTL to operate several telecommunication systems including Cellular Mobile Telephone Service in the private sector. Eight months thereafter, i.e. on 25.3.90 BTTB issued, being empowered by the Government to do so under the Bangladesh Telegraph and Telephone Board Ordinance, 19......etitioner. TH Khan, Senior Advocate (AM Nooruddin Ahmed, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondents. Civil Petition for Leave to Appeal No. 300 of 1995 (From the Judgment and Order dated 8.5.95 passed by the High Court......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......permission from BTTB. Pursuant to and as set out in detail in the Agreement BTTB issued a licence dated 25.3.90 (Annexure B) in favour of BTL under section 4 of the Telegraph Act, 1885 giving BTL all powers, authorisations, consents and permissions to provide, operate and maintain the aforesaid comm......………Respondents (In Civil Appeal No. 3 of 1993) Judgment April 19, 1993. Result: Civil Appeal No. 73 of 1992 is allowed. Civil Appeal No. 3 of 1993 is dismissed. Cases Referred to- Mohinder Singh vs. Chief Election Commissioner, AIR 1978 (SC) 851; Joseph Vilangandan vs. Exe......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......ceiver and appointed the Circle Officer (Revenue) Sailakupa as the receiver of the property till disposal of the civil revision case, on the grounds that appointment of receiver is a discretionary power of the Court and that the property in suit was under the management of the receiver for a lon......rt of the Subordinate Judge, Jhenidah. That suit was dismissed but on appeal by the respondents being Title Appeal No. 158 of 1964 the appellate Court allowed the appeal and sent the suit on remand to the trial Court and thereafter the learned Subordinate Judge decreed the suit ex parte on 27.8....... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..Category: Property Law | Date: | Hits: 61
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......ernment in Writ Petition No. 1602 of 1988, the short question is whether the High Court Division was justified in law in interfering with the decision of the Court of Settlement in exercise of its power under Article 102 of the Constitution. 2. Facts of the writ-petitioners’ c......alil and others…….Respondents Judgment August 23, 1995. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Appellant. ...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ..Category: Property Law | Date: | Hits: 57
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......e decree in favour of all the plaintiffs or defendants as the case may be. If the said, provision be read with the provision of Order 41, rule 33, which provides that the appellate Court shall have power to pass any decree and make any order which ought to have been passed or made and to pass or ...... others ...............Appellants Vs. Hasib Ali Chowdhury and others..............................Respondents Judgment April 10th, 1970. Cases Referred to- Ahmedur Rahman and others vs. Abul Majid and ors. 14 DLR 471; Amjedali Khan vs. Raj Kuma......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......al under the provision of sub-section (1) of section 258. 5. As regards the first contention of Mr. Md. Jamiruddin Sircar that the learned Sessions Judge had no jurisdiction to exercise his power under section 437 CrPC, as the case against the petitioner was not exclusively triable by the......sp; Vs. Amatu Md............................Opposite Party Judgment November 9th, 1970. Cases Referred to- Panchanan Sarkar vs. Emperor, AIR 1930 Cal. 666; Lakshminarayan and others vs. Suryanar...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ......supra), their Lordships Mr. Justice Chitty and Mr. Justice Beachcroft have observed: "So far as the question of jurisdiction is concerned, we think that the Appellate Court had power to set it aside under section 423(d), Criminal Procedure Code, which authorises the Appellat......nbsp; Habibur Rahman J.- This was a Rule calling upon the Deputy Commissioner, Patuakhali and the opposite-parties to show cause why the order passed on 10.6.69 by Mr. Asafuddowlah, Additional Sessions Judge, sett......of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ..Category: Criminal Law | Date: | Hits: 66
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....t were linked together by the continuity of action and community of design or purpose. The evidence of four of them, who were examined in the case, show that each of them represented his own case for financial help and on consideration of their individual cases separately, the appellant passed order......mong others, incurring of expenditures on the employment of staff, their pay and allowances and TA and contingency. The appellant asserted during examination under section 342 Cr.P.C. that he had the power under the circular to incur expenditure of money up to 5% or even 7% out of total allocation f...... This appeal arises out of the judgment of A. Q. Chowdhury, Senior Special Judge, Jessore convicting the appellant Aminul Islam under sub-section (2) of section 5 of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in default, to suffer ......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......onsider that even if the proceedings of the said Suit could not be stayed under the provisions of section 10 of the Code of Civil Procedure the same could be stayed in the exercise of his inherent power under section 151 of the Code of Civil Procedure. While developing the said point he has also.......Petitioners Vs. Alimulla Mallik, and others……..Opposite Parties Judgment July 8th, 1970. Cases eferred to: FA Khan vs. Government of Pakistan (The Republics of Pakistan) through the Finance Secr......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......lar circumstances wherein also the contractor protested against the refusal of the Executive Engineer to pay in respect of item Nos. 2 and 3. In this letter the Project Director in exercise of his powers under clause 25 of the terms and conditions of the contract, ordered that the contractor in ......llant Vs. EPWAPDA.............................Respondent Judgment August 26th, 1970. Cases Referred to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. Surja Kanta J......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......at Narail, for setting aside the said compromise decree in the said Rent Suit No. 602 of 1962 of that Court, alleging, inter alia, that she neither filed the said rent suit, nor did she execute any power in favour of Mr. Ataur Rahman engaging him as her pleader. She further alleged that there was...... Khan J Mofazzal Molla and another..........Petitioner Vs. Parul Bala Debi and others. ...........Opposite Party Judgment June 25, 1970. Cases Referred to: Akina Bibi vs. Md. Ali.Shaha, AIR 1941 Cal. 336; Sheosagar Singh vs. Sitaram AIR 1952 P......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......g in the bus with the appellant accused without raising any protest. The defence has produced a kabinnama, Ext. A to show that Sharifunnessa had divorced her husband Abul Hossain in exercise of the power of talak-e-tawfiz given to her by the husband as embodied in the Kabinnama, Ext. A. The lear......p; Vs State………………………..Respondent Judgment August 13th, 1970. Cases Referred to: Lai vs. The Crown (1954) 6 DLR (FC) 38; PLD 1954 (FC) 95; State vs. Umed Ali (1963) 15 ......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......Mr. Mujibur Rahman, APP did not get the necessary papers in time. Besides, the question of preparation of a case is not solely dependent on time. It depends upon one's own mental alertness and the power of perception and conception. Above all, it depends upon how one applies one's self to a case...... Vs Abdur Rashid………….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ...... which the jurisdiction of the court itself depends, the court has either usurped a jurisdiction it does not possess or refused to exercise a jurisdiction vested in it, the High Court has every power under Article 98 to review such a decision". 14. In that case the Guardian ju......epresented by Secretary, Law (Judl) Department, Registration Branch, Eden Building, Dacca and others ............Respondents Judgment January 28th, 1971. Cases Referred to- Chittaranjan Sutar vs. Secretary, Judicial Dept. 17 DLR 451, Malik Khizar Hayat Khan Tiw......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....y 12, 1999. The Financial Institution Act, 1993 (XXVII of 1993), Section 3 The Constitution of Bangladesh, 1972, Article 27 The embargo on banks, insurance companies and other financial institutions to nominate its directors on the Board of a financial institution is based o......No 127 of 1972) which did not contain any such provision. 4. By a notification in the official gazette on 28-5-95 the Bangladesh Bank in consultation with the Government in exercise of its power under section 48 of the Arthik Protisthan Ain, 1993 declared generally and without specifying...... Financial Institution Act, 1993 (XXVII of 1993), Section 3 The Constitution of Bangladesh, 1972, Article 27 The embargo on banks, insurance companies and other financial institutions to nominate its directors on the Board of a financial institution is based on a reasonable classif......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
.... their own share- holding individually and nominee-directors who represent their companies’ share holdings. It applies to all, whether they are individuals or nominees of a bank, insurance or financial institutions………(22) Lawyers Involved: Dr. M. Za......e in the Board of Director of Petitioner No. 1 by letter dated 13-3-96 (Annexure-F), it cannot be unilateral action withdraw the exemption of section 25(3) and thereby unseat them as directors. The power of granting exemption does not carry with it the power of withdrawal. 10. Dr. Rafiqur...... 1999. The Financial Institution Act, 1993 (XXVII of 1993), Section 48 i) Section 25(3) is not a provision which is concerned with the individual or representative character of a director. Petitioner Nos. 2 and 5 may be the nominee-directors of Appollo Steel Mills Ltd in the Board o......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221................................................ (5) Where the Sangstha takes over the management and administration of an industrial concern under clause (1) or transfers any property in exercise of its powers of sale or realisation under that clause, such taking over or transfer shall not be called in...... The provisions of Article 34(5) will prevail over those of Order VII, rule 11. When the reliefs claimed fall within the clear mischief of Article 34(5) (a)(i) & (ii) it will be an idle formality to ask the defendant- appellant to file petitions afresh under Article 34(5) praying for not enterta...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ...... 9-3-83 to the post of Principal Officer and thereafter on 24- 10-88 to the post of Senior Principal Officer. Regulation No. 11 of BSRS Employees’ Service Regulations 1988 made in exercise of powers under Article 43(l) of the BSRS Order 1972 (President’s Order No. 128 of 1972) provid......e Constitution of Bangladesh, 1972, Articles 27, 29, 102 & 117 The High Court Division has rightly held, that the writ petition was not maintainable because he (petitioner) did not seek to enforce any fundamental right and further, it was within the competence of the Administrative Tr......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ..Category: Employment/Service Law | Date: | Hits: 63
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... 2. The pillar of the writ petitioner respondent’s writ petition was founded upon Article 116 of the Constitution which runs as follows: “116. The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judici......d others………………..Respondents Judgment June 16, 1999. The Constitution of Bangladesh, 1972, Articles 102 & 116 (i) When a declaratory judgment is passed by a Court it is usually retrospective in nature, unless otherwise indicate...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......e process of the Court and, as such, the proceeding ought to have been quashed. 6. It is now well-settled that the High Court Division of the Supreme Court has the inherent power to pass any necessary order to prevent abuse of process of any Court or otherwise to secure t......s Judgment December 6, 1998. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A When the Civil Court is in seisin of the matter it could very well investigate into the same with regard to its own order but it cannot direct the complaint to file the petition o...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ..Category: Criminal Law | Date: | Hits: 69
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