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3. The petitioner challenged the legality of the aforesaid tender notice on the ground that the hats and Bazar s and the Jalmahals as described earlier are properties of Azam Khan Chowdhury Waqf Estate but those were also illegally included in the impugned......een J
Azam Khan Chowdhury Waqf Estate, represented by its Official Mutwalli-Al Haj Shah Shajiadur Rahman………………Petitioner
Vs.
The Government of the People's Republic of Bangladesh and others........Respondents
Judgment
January 23, 2008.
Lawyers Involved:
Nurul Islam B......n for Leave to Appeal is directed the judgment and order dated 02.04.2007 passed by the High Court Division in Writ Petition No. 1324 of 2004 discharging the Rule.
2. The petitioner challenged the legally of tender notice for lease of hats and Bazars issued under the signature of Upazila Nirbahi ..
Category: Property Law | Date: | Hits: 71
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
....Review application filed by the petitioner on 19-8-85 against the order of dismissal passed by the President and CMLA or such other or further order or orders passed as to this Court may seem fit and proper. 2. At the material time the petitioner was a Loco Master and was working in the Banglades......me Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Zakir Ahmed J Lutfor Rahman……….. Petitioner Vs. Divisional Mechanical Engineer and others………Respondents Judgment February 11, 1998. Cases Referred To- Mahtabuddi...... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133...Category: Employment/Service Law | Date: | Hits: 78
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......………Petitioner Vs. Asia Begum ………Opposite Party Judgment June 9, 1998. Cases Referred to- Jalaluddin alias Badsha vs. State 36 DLR 119; Lukus Miah vs. State 43 DLR 230 and Abed Ali vs. State 43 DLR 366. Lawyers Involved: B Elias for Md. Mustafizur Rahman, Advoca......d to have a sexual exercise with her but she refused whereupon accused Hanif promised her to marry holding the Holy Quran in his hand. Accused Hanif also assured her of taking her to his house as his legally married wife in due course of time and fed by such assurance she surrendered herself to the ..Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....accused petitioners have been falsely impleaded in the case. 5. At the trial the prosecution examined six witnesses and the defence examined none. The learned Magistrate on detailed discussion and proper appreciation of the evidence on record found the accused persons guilty under sections 447/32......r Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125....... law in passing the impugned order of conviction and sentence and the same has occasioned failure of justice. The learned Advocate further submits that the learned Courts below failed to consider the legal incidence of the counter case and the evidence in support of the defence case and, as such, th..Category: Criminal Law | Date: | Hits: 68
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....admitted by the petitioners that the Tribunal so constituted was well within their knowledge and they appeared before the Tribunal and further, they filed a review petition before the Tribunal. So, improper constitution of the Tribunal cannot be agitated at this stage by way of submission that this ......is Case is also Reported in: 51 DLR (HCD) (1999) 118. ......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasim Anwar Hossain…………..... Petitioner Vs. Bangladesh Bank and others…………..... Respondents Judgment December 7, 2010. Cases Referred to- M......s so that the financial institutions and banks do not make any loan or financial accommodation to them as envisaged under section 27 KaKa (3) of the Bank Companies Act, 1991. In view of the aforesaid legal position, the names of the aforesaid three defaulting borrower companies were only liable to b..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....mount. The decree-holder bank put the decree in execution by filing Artha Jari Case No.185 of 2006. In course of the execution proceedings, the decree holder bank unsuccessfully attempted to sell the property, given as collateral against the loan. At one stage there was a negotiation between the par...... High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Arif Gaffar…………..... Petitioner Vs. Artha Rin Adalat, Khulna and others..... Respondents Judgment December 2, 2010. Cases Referred to- Provat Kumar ...... Md. Ruhul Quddus J.- This Rule Nisi, was issued at the instance of the writ petitioner Md. Arif Gaffer, a judgment debtor in an ex parte decree passed by the Artha Rin Adalat, Khulna to examine the legality of order dated 1.12.2008 passed by the Artha Rin Adalat, Khulna issuing warrant of arrest f..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....ti-Corruption officer. 15. Bankers Books Evidence Act being a special statute created for banking business, banks enjoy special privileges not to disclose information relating to its client unless proper order by any competent court namely, by Court of Sessions or by the High Court Division as th......on) Present: MM Ruhul Amin J Md. Munsurul Hoque Chowdhury J Islami Bank Bangladesh Ltd…………………………………..….Petitioner Vs. District Anti-Corruption Officer and another…………….Respondents Judgment July 5, 2001. Lawyers Involved: Ahsanul ...... (Annexure‑C) issued by, respondent No. 2 directing examination and seizure of documents from the petitioner bank should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner is a banking company incorporated in Bangladesh under the Compani..Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....away for such a purpose. The Teachers Training Institutes are meant to teach children of impressionable age and we cannot let loose on the innocent any unwary children, teachers who have not received proper and adequate training. True they will be required to pass the examination but that may not be......Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Mozammel Hossain J Dhaka International University………………Petitioner Vs. Secretary, Ministry of Education and others…………………Respondents Judgment: February 14, 1999. Result: The Rule......-55 Sheekhya dated 6-3-97 published in the Daily “Bhorer Kagoj” on 7-3-97, so far as it relates to the petitioner, should not be declared to have been passed without lawful authority and is of no legal effect. 2. The founder of the petitioner, Dhaka International University, applied to the th..Category: Others | Date: | Hits: 104
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
.... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370....... June 8, 2000. Cases Referred To- State Vs. Imdad Ali Bepary, 36 DLR 333; Abdur Rashid Vs. State, 27 DLR (AD) 1; Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Peoples Republic of Bangladesh and others, 50 DLR 10. Lawyers Involved: Md. Khurshed Alam Khan, Advocate-For Condemned Priso......of the Legal Remembrance’s Manual, 1960 may be taken into consideration. The provision is to the effect that- “Every person charged with committing an offence punishable with death, shall have legal assistance at his trial and the Court should provide an Advocate or pleader for the defence un..Category: Criminal Law | Date: | Hits: 47
....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......he Petitioner.
Shuab Ahmed, Assistant Attorney-General-For the State.
Criminal Revision Case No. 874 of 1994 with Criminal Revision Case No. 875 of 1994.
Judgment
SK Sinha J.- Since facts and points of the law involved in these Rules are identical they were taken up together for hearing ......are identical they were taken up together for hearing and this judgment would govern both the Rules.
2. Points raised by the learned Advocate in support of Rules are that no criminal proceeding is legally maintainable against petitioners under section 55 of the Industrial Relations Ordinance, 196..
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....orts the decision of the trial Court and submits that Marani did not acquire any title on the basis of oral gift from her husband Chandra Kumar Paul and therefore she had no authority to transfer the property on the basis of the agreement in favour of the plaintiff. The learned Advocate submits that...... 51 DLR (HCD) (1999) 77. ......ift by a person belonging to Hindu community and governed under the Dayabhaga School of Hindu law is not valid in view of the provision of section 123 of the Transfer of Property Act. In view of this legal position Marani Paul did not acquire any title in the suit land on the basis of alleged oral g..Category: Property Law | Date: | Hits: 51
....d the impugned letter issued by the respondent No.2 District Anti-Corruption Officer, Bureau of Anti-Corruption demanding of them for their examination and also producing documents in the interest of proper enquiry.
3. The petitioners challenged the said letter of the Bureau of Anti-Corruption be......s Case is also Reported in: 51 DLR (HCD) (1999) 72.
......e as to why the impugned order contained in Memo No. 485/DAB(Dhaka) dated 8-4-96 (Annexure-A) issued by respondent No. 2 should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts leading to the issuance of the Rule may be summarised as follows:
..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......also Reported in: 51 DLR (HCD) (1999) 64. ......tated that the respondent No. 1 is not entitled to collect the rates in excess of rate as prescribed in the Schedule. The petitioner No. 1 further states that it does not claim rebate. And for such illegal realisation of rates by the respondents the petitioners’ lawyer Mr. Rafique-ul-Huq issued no..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....land in favour of the petitioners. He has referred to a decision in the case of Abdur Rouf and another Vs. Government of East Pakistan reported in 22 DLR 193, where it has been held that retention of property under requisition when there is no subsisting purpose is illegal and the Government should ......se is also Reported in: 52 DLR (HCD) (2000) 367. ......session of 12.53 acres of land including the petitioner’s land on 12-7-80 to the Public Works Department and since then they have been in possession of the land in question. The petitioners have no legal right over the land and the land cannot be released or de-requisitioned in their favour under ..Category: Criminal Law | Date: | Hits: 37
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......his Case is also Reported in: 52 DLR (HCD) (2000) 362. ....../ (CRF) Review-Chatta- 07/97 relating to the cancelling of CRF by the Review Committee, Chittagong vide order dated 28-7-97 should not be declared to have been made without lawful authority and of no legal effect. 2. The petitioner is the proprietor of Shariff and Brothers, a registered importer ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361.......l Original Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Riazuddin (Md.)……………………………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment July 29, 1999. Case Referred to- Sheik Ali Ahmed V......r the signature of the Additional Deputy Commissioner (General), Dhaka, as evidenced by Annexure “B” to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner was holding the revolver and a double barrel gun on obtaining due..Category: Others | Date: | Hits: 105
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......l—For the Respondents. Writ Petition No. 1316 of 1995. Judgment Md. Awlad Ali J. - This Rule issued under Article 102 of the Constitution arises out of the impugned departmental proceeding and order dated 18-3-95 issued by the President, Taxes Appellate Tribunal, Dhaka suspending the peti......signated by the Government to exercise such power. The learned Deputy Attorney-General with candour conceded to the submission of the learned Counsel of the petitioner that the respondent No.1 had no legal authority to start any departmental proceeding with regard to the conduct of the petitioner. I..Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......rnment of the People’s Republic of Bangladesh & another……………Respondents Judgment November 30, 1999. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Picture Houses Ltd. Vs. Wednesbury Corporati......d order vide Annexure C (I) issued by the respondent No.2 vide letter No. Shilpa/Shinish/I/FF-6/81 (Part-5) 53 dated 9-3-97 should not be declared to have been made without lawful authority and of no legal effect and/or unconstitutional and in violation of the petitioner’s fundamental rights guara..Category: Others | Date: | Hits: 95
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....a, that the suit land comprising an area of 1762-1/2 acres out of 3525 acres of land originally belonged to Ram Chandra Datta, who subsequently settled the said land to one Najir Sheikh on receipt of proper nazar salami. Nazir Sheikh owned and possessed the suit land by construction of huts in a por......) (1999) 54. ...... therein. It was also contended that the plaintiff has no right, title, interest and possession in any portion of the suit land and he filed the suit with false and frivolous allegations for making illegal gains. 4. At the trial the plaintiff-petitioner examined 3 witnesses and the contesting def..Category: Property Law | Date: | Hits: 88
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