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....y way whatsoever till disposal of the Rule. But ultimately, the Rule was disposed of with the observation that the disputed question of the facts are involved in the petition which for the purpose of proper adjudication would require adducing evidence and it would be a best course on the part of the......s Case is also Reported in: 54 DLR (2002) 35.
...... Mills running although on protest in writing several times and thus an amount of Taka 47,77,250.18 was paid in excess payment than the actual meter reading under protest. Challenging the aforesaid illegal realisation of gas bills a writ petition being, number 7630 of 1997, was filed before the High..
Category: Civil Law | Date: | Hits: 115
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....desh should not be declared to have been done illegally and without lawful authority and to be of no legal effect and or such other or further order or orders passed as to this court may seem fit and proper. 2. Dr. M. Zahir appeared on behalf of the petitioners and has submitted that the impugned......o legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33....... 28/2001 dated 8th July, 2001 published in the Bangladesh Gazette (Annexure D) fixing minimum wages for workers in all industrial undertakings of Bangladesh should not be declared to have been done illegally and without lawful authority and to be of no legal effect and or such other or further order..Category: Labour and Industrial Law | Date: | Hits: 96
....that an award has been made after the issue of an order by the Court superseding the arbitration or after arbitration proceedings have become invalid under section 35;
(c) that an award has been improperly procured or is otherwise invalid.
Section 31. (1) Subject to the provisions of this Act,......e is also Reported in: 54 DLR (2002) 17.......ite Party No. 1, a limited company, instituted the suit for following declarations as well as perpetual injunctions:
a. Permanent injunction against the defendants restraining them from taking any legal or other action and/or proceeding on the basis of alleged contracts said to have been entered ..
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....n application under section 94 of the Code sought arrest of the defendants and to furnish security bond on the allegation that the defendant in violations of court's order had gone to damage the suit properties. The learned Subordinate Judge allowed the prayer against which the defendants petitioner...... Mitra, Advocates‑ For the Petitioner Not represented‑ the Opposite Parties. Civil Revision No. 1389 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule the opposite party Nos. 1 and 2 were called upon to show cause as to why the impugned order dated 5‑5‑1996, passed by the ......etitioner submits that since the petitioners have sought punishment in (violation) Miscellaneous Case No. 12 of 1996 filed under Order XXXIX rule 2(3) of the Code, the learned Assistant Judge was not legally authorised to pass the impugned order under section 94 of the Code. In support of his conten..Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......9.......me from its dismissal, the prayer of the pre‑emptees opposite party Nos. 1 and 2 has become barred by limitation. It is further submitted by him that the impugned order dated 21‑4‑96 being an illegal order, should be set aside. 7. No one appears on behalf of the pre‑emptee opposite party..Category: Property Law | Date: | Hits: 36
Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)
....the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26....... Division (Special Original Jurisdiction) Present: SAN Mominur Matiur Rahman J Md. Arayes Uddin J Matiur Rahman (Md)..............Petitioner Vs. People's Republic of Bangladesh and others..................Respondents Judgment April 24, 2002. Cases Referred To- Mo......an unskilled labour, to the post of Darowan by order dated 10‑11‑1999, evidenced by Annexure-D to the Writ Petition, should not be declared to have been made without in lawful authority and of no legal effect. 2. The petitioner was appointed as an unskilled labour by the respondent Company vi..Category: Labour and Industrial Law | Date: | Hits: 71
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-ÂCorruption & ors., 2001, 30 CLC (HCD)
....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......dhury J M Mojibul Haque…………..Petitioner Vs. DG, Bangladesh Bureau of Anti-ÂCorruption & ors……….Respondents Judgment August 9, 2001. Case Referred to- Gakul Chanda Dwarkadas Morarka Vs. King, AIR (1948)(PC) 82. Lawyers Involved: Md. Shamim‑ul‑Alam, ......an grounds withdrew the order of blacklisting by his letter dated 11‑2‑2000, Annexure‑H. But the contractor, in spite of such withdrawal of the order of blacklisting by the petitioner, issued a legal notice dated 14‑2‑2000 on the petitioner calling upon him to withdraw the order of blackli..Category: Anti-Corruption Laws | Date: | Hits: 138
....elopment Corporation wanted to get the surplus land as a shooting spot. Then the Minister of Information found the land to be unsuitable for the purpose and accordingly recommended for release of the property from requisition. Consequently the Ministry of Information vide Memo dated 16-3-1985 recomm......
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......by respondent No.1 (communicated under the signature of Respondent No.3 vide Annexure-’L’ to the writ petition) should not be declared to have been passed without lawful authority and to be of no legal effect.
3. In Writ Petition No.964 of 1994 Petitioners Aliluddin and seven others challenge..
Category: Property Law | Date: | Hits: 31
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......¦â€¦â€¦â€¦..Opposite Party Judgment December 2, 1999. Lawyers Involved: Md. Abul Kalam Moinuddin, Advocate—For the Petitioner. Khurshid Alam Khan with Farida Yeasmin, Shahnaj Bablee and Pankaj Kumar Kundu, Advocates — For the Opposite Party. Civil Revision No. 1637 of 1999. ......il revision petition is not at all maintainable. 8. Coming now to the propriety of the order impugned it appears that the learned Assistant Judge, took into consideration the facts of the case and legal aspect involved in adjudication of the suit and recorded the impugned order by applying his ju..Category: Family Law | Date: | Hits: 185
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....ubul Islam Bhuiyan, the learned Advocate for the election petitioner, submits that in the election petition, the petitioner complied with the provisions of Articles 50 & 51 of the People's Order 1972 properly and, as such, the election petition cannot be dismissed for noncompliance of the aforesaid ......din Ahmed, respondent No. 4 of this election petition, prays for dismissal of the election petition No. 2 of 2001 pending before this Court stating, inter alia, that the petitioner Idrish Ali Bhuiyan and the respondent No. 4, i.e. the present petitioner Dr. Alauddin Ahmed, and some other respondents...... hearing, the tribunal may not look into the unnecessary parties or prayers of the election petition when there are necessary parties and requisite prayer in the petition. He submits that there is no legal bar to strike out the unnecessary parties and redundant prayers from the petition by an amendm..Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....ted later that the plaintiff No. 2's own purchased lands comprising 1.88 acres of land which are under the exclusive possession of the petitioner‑plaintiff No. 2 were wrongly included in the ejmali property and, as such, the whole preliminary decree based on wrong description of the property in th......2003) 17. ......etween the parties and thereby ends of justice will be met. In my opinion, the Court of trial below under misconception of law and facts rejected the said application without directing himself to the legal aspect of the case. It is also the settled principle of law that a suit for partition remains ..Category: Property Law | Date: | Hits: 34
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....e learned Advocate appearing on behalf of the petitioner, submits that the learned District Judge committed an error of law resulting in an error in his decision occasioning failure of justice in not properly adverting to the trial Courts finding regarding prima facie and arguable case of the plaint......School……………Petitioner Vs. Sabbir Hossain Chowdhury & others………………Opposite Parties Judgment November 2, 1999. Case Referred To- Uttara Bank Vs. Macneil and Kilburn Ltd. and others, 33 DLR (AD) 298. Lawyers Involved: Md. Nazibar Rahman, Advocate- ......s decision occasioning failure of justice. 11. Mr. Md. Nurul Islam, the learned Advocate, appearing on behalf of the opposite parties opposed the Rule and submitted that the learned District Judge legally reversed the order dated 22-2-97 passed by the learned Subordinate Judge and committed no er..Category: Property Law | Date: | Hits: 21
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....t) Act, 1994 (Act No. XX of 1994) should not be struck down for being ultra vires of the Constitution and violative of the principle of natural justice. 2. Facts, in short, are that petitioners’ property measuring 5.59 acres in mouza Baruiagram of Police Station Savar, Dhaka has been acquired i......o Reported in: 52 DLR (HCD) (2000) 99. ......tion petitioner’s application under Article 102(2) of the Constitution is not maintainable in that on mere apprehension of not having/receiving adequate compensation in respect of the land acquired legality of the law providing compensation for the land acquired cannot be questioned. Learned Deput..Category: Alternative Dispute Resolution | Date: | Hits: 191
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....namely M/S M Enam Elahi & Brothers was treated on dissolution as the sole proprietary business concern with its goodwill, etc along with moveable, immovable and the liabilities including the case property, fell into the share of and was taken over by the former partner Abdul Majid, father of the......High Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Md. Arayesuddin J Humayun Majid…….Petitioner Vs. Bangladesh Bureau of Anti-Corruption and ors………..Respondents Judgment December 3, 2000. Case Referred To- Durga Das v...... Area, Dhaka. The Rule Nisi was issued calling upon the respondents to show cause as to why the said proceedings should not be declared to have been taken without any lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the Rule are, that the then Governmen..Category: Anti-Corruption Laws | Date: | Hits: 232
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
.... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97....... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Gour Gopal Saha J Jahiruddin Ahmed………………………………Petitioner Vs. Yasinuddin and others………………………Opposite Parties Judgment June 3, 1998. Lawyers Invo......petitioner as complainant filed a case in the Court of the Magistrate, Manikganj alleging, inter alia, that at about 11-00 AM on 1-9-87 the accused persons being variously armed with deadly weapons illegally entered into his house and forcibly and dishonestly took away a Neem Tree and other valuable..Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....at there is no Mention Of Such endorsement and/or acknowledgment in the paint and without any proof thereof. 22. Next, lie submitted that Mohammadi Housing Ltd was neither a necessary party not, a proper party to be added as defendant No. 4 in the suit. It was now proved the Company was impleaded......ed in: 56 DLR (2004) 39. ......n: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... having been forwarded to the National Bank Ltd., Khulna, within the said period there was no negotiation within the meaning of the terms and conditions of the letter of credit. As such, there was no proper negotiation. Besides, he submits that the plaintiff Habib Bank Limited never made any payment...... Ed. This Case is also Reported in: 56 DLR (2004) 15. ......ional Bank Ltd, Khulna, informing them that they submitted their claim for reimbursement. The Habib Bank Ltd, NY informed them by telex that AMEX refused to pay, that the cancellation of the LC was illegal because it was irrevocable, that they sent telexes dated 4‑5‑1986, 12‑6‑1986, 19‑6â€..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....n that case, held that "If the trial Court's judgment is such that it cannot be termed as a judgment at all in accordance with the requirements of section 367 of the Code, then an order for writing a proper judgment may be necessary and desirable". 14. In the case of Kashem vs. State, 40 DLR (AD)...... This Case is also Reported in: 56 DLR (2004) 12. ...... order of acquittal of the trial Court and remand the case for reÂ-trial on his independent assessment of evidence on record. The learned Additional Sessions Judge, in the instant case, as such, was legally competent to reverse the order of acquittal and remand the case for respondents for re‑tri..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
....e power under section 540 of the Code of Criminal Procedure to call for any evidence not earlier recorded and any witness earlier examined by the Court, whenever it is found necessary for coming to a proper decision in the case. This section is never intended to give a premium for further cross-exam...... Nari‑o‑Shishu Nirjatan Daman Tribunal, Rangpur in Nari‑o‑Shishu Nirjatan Daman Case No. 455 of 2001, allowing an application by the prosecution for re‑calling 6, witnesses already examined and discharged by the Court. 2. The prosecution case, in short, is that 2‑4‑2001 was fixed fo...... merit. Communicate the order at once to the Nari‑oÂ-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ..Category: Criminal Law | Date: | Hits: 37
.... place (Annexure E) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. In the writ petition it has been stated, inter alia, that on 19‑5‑2002 the petitio......iginal Jurisdiction)
Present:
MA Wahhab Miah J
Shamim Hasnain J
Abu Jafar Md. Nurul Islam...................Petitioner
Vs.
DG, Department of EnvironÂment, Government of Bangladesh and others.........Respondents
Judgment
July 15, 2003.
Cases referred to-
Chairman, Zill......ner to stop the manufacturing of Muri (puffed rice) and to transfer the factory to any other vacant place (Annexure E) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..
Category: Environmental Law | Date: | Hits: 226
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