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Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......he District Judge and the "District Delegates." In section 2 of the Act which may be termed as definition section: District Judge has been defined as "the Judge of a principal Civil Court of original jurisdiction." Section 2 has not defined or has not dealt with the "District Delegates." Section 264..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....edly making out a case of inhuman physical and mental torture without any basis. This kind of misadventure of the concerned Judges of the High Court Division while passing and making such orders with total non-application of mind is fully disapproved. In these cases the conduct of the learned Judges......ave no doubt that if the petitioner files a suit to recover damages for his illegal detention, a decree for damages would have to be passed in that suit, though it is not possible to predicate in the absence of evidence, the precise amount which would be decreed in his favour. In these circumstances...... the detenue on 20-3-1997 and the grounds of detention were served upon the detenue on 28-3-1997. It is stated that the detenue was detained under the Special Powers Act, 1974 unlawfully, and without jurisdiction. He was detained to suppress his political movement and also for political victimizatio..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ...... Commissioner by order dated 05.11.1994 and then, by the Full Board in Review Case No.3-85/94 vide Order dated 09.12.2003. The disputed and the important question of fact cannot be resolved in writ jurisdiction. It is not correct that filing of Miscellaneous Case No.355 of 1968 by writ responden..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)
....he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ..Category: Company Law | Date: 28 May, 2012 | Hits: 32
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
....ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....land of the suit. It appears, that, 9050 acres of land from the middle portion of dag No.81, .22 acres of land from north portion of dag No.90, 0.150 acres of land from north-east side of dag No. 110 total quantum of land is more or less 2.14 acres of land. It is very much doubtful as to identify of......the learned Advocates of both the parties. At the out set it is seen no papers relating to requisition and acquisition of the land was produced before the learned Judge. We have astonished to find in absence of any material produced from the side of defendant how the learned Judge rejected the plain......sion over the suit property. Court shall keep its hand off if the acquired land clear and definite but if acquisition and requisition process is running with defective schedule in that case Court has jurisdiction to see whether under the process of acquisition whether interested quarter grab the lan..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)
....ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. ......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. ......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. ..Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ......t giving any stigma to the writ petitioners; that the petitions are not maintainable, inasmuch as, the writ petitioners had alternative remedy under Regulation 59 of the regulations and that in the absence of any stigma in the impugned orders of termination, question of malafide did not arise at......ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....bunal from a judgment of the Labour Court and, as such, since the Labour Court passed its judgment after the new Act came into force, the impugned Appeal was rightly filed before the tribunal is totally misconceived for the reasons stated earlier. Having said so it cannot be said that the respo......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....etation of the Constitution. It appears from the decision in Beru Bari Case reported in 26 DLR (AD) 44] that the circumstances for allowing locus standi to the learned advocate in that case were totally different from the present ones. In Beru Bari case, the fundamental rights of the said ......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ...... fraud on the Constitution. Referring to the Bangladesh Collaborators (Special Tribunals) Order, 1972 (PO 8 of 1972), Mr. Khan argues that the impugned amendments have been done for usurpation of the jurisdiction of the Tribunals which may be constituted under the P.O. 8 of 1972 as the PO 8 of 972 i..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....matter of quashment of the proceedings. 20. In quashing a criminal proceeding, the court is to consider only the prima facie case against the accused. In the instant case, the prosecution has totally failed to prove the prima facie case against the accused petitioner as the allegation again...... of the Court. 12. He also cites the case of Abdul Mannan Sarker (Md.) Vs. The State and others reported in 53 DLR (HC) page-565 where their Lordships of the High Court Division held: "In the absence of definite allegation it cannot be held that taking of money as loan and subsequent failur......3 is also Village- Chardunail, Police Station- Shahjadpur, District-Sirajgonj and the complainant was an employee of City Hospital Ltd. Dhaka as such if any occurrence took place will be under the jurisdiction of Dhaka, but with ill-motive the complainant filed the complaint petition before his ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....s the first stage tender documents of the claimant-Company did not disclose any information on those matters. Exhibit-4, a reply letter dated 4-7-2006, shows that the claimant-supplier stated about a total load bearing capacity of 132 Kg, and disclosed other particulars on those items. But nothing w......mposition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with the provisions of this Act, or, in the absence of such agreement, was not in accordance with the provisions of this Act.
(b) the Court......violated by the Central Purchase Committee of BSMMU vide a letter dated 14-8-2008. The learned Advocate further submits that it is not a proper interpretation of law that the Arbitral Tribunal had no jurisdiction to take up such a settlement decision of the highest body of the Institution into accou..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ...... application in a pre-emption case and thus the impugned judgment calls for interference by this Division. He also submits that the learned Judge of the High Court Division sitting in revisional jurisdiction acted illegally and beyond jurisdiction by sitting as a Court of appeal over the j..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....ther case of this defendant that during this extension period of lease, plaintiff No.1 took Taka 1,50,000 and also other plaintiffs took money from him stating that they are in need of cash money, in total Taka 15,01,100. Defendant appellant having in dilemma as to who is the landlord, fi......of the Transfer of Property Act submits that it is mandatory and pre-requisite for any lawful eviction and relied on the case reported in 29 DLR 214 and 8 DLR 316 wherein it is held that "In the absence of legal proof that a valid notice as required under section 106 terminating a monthly tenan...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....cumstances, the observations of the High Court Division that "a 'squatter’ or a 'trespasser' or a 'usurper' can not maintain a writ petition under Article 102" are totally uncalled for in this case and the petitioner was illegally compared with litigants like &quo......on. Or in the alternative, he has no legal authority to hold the office of Managing Director as he has no legal basis to continue in such office after attaining the age of superannuation. In the absence of violation of any mandatory provision of law, the Court will not come in aid to the peti&s......stice by the summary rejection of the Writ Petition and no affidavit-in-opposition was filed controverting averments made in the writ petition; b) this Division in exercising appellate jurisdiction should have examined the judgment, and the petitioner should have been given ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......d to entertain civil revision regarding arbitration The statute has given no right to the litigant to file civil revision in the High Court Division and the Arbitration Act does not provide such jurisdiction to the High Court Division to exercise such power under Arbitration Act........ (17) ..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....ioner received a bag containing National Geography Magazine from Port Colony Exchange Office and opened the same under the supervision of the then A.P.M.G.A. Salam and Section Supervisor A. Hashem. A total of 85 Magazines was found and of them 16 were for distribution in China and these were missing......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ..Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7
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