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Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ......ed: Abdul Matin Khasru with M Faruque and Pankaj Kumar Kundu, Advocates‑For the Petitioner. Mahbubey Alam with Moqbul Ahmed, Advocates‑ For Opposite Party No. 2 Syed Abu Kowser Deputy Attorney‑General‑For the State. Criminal Miscellaneous Case No. 3204 of 2002. Judgment MA...... complainant, if any lies in the money suit. 6. Mr. Mahbubey Alam, learned Advocate for the complainant, concedes that cognizance taken under section 138 of the Negotiable Instrument Act is bad in law but the petitioner's liability for having committed an offence under sections 406/420 of the Pen..Category: Civil Law | Date: | Hits: 83
....gation against him which adversely affected the petitioner’s career and reputation. Such cancellation without giving an opportunity to the petitioner to be heard is against the principle of natural justice. It was done mala fide and for collateral purpose. A copy of the impugned Memo dated 13-9-19......rest of Justice, for the Government to appoint a Special Public Prosecutor for this Particular case and not leave the matter in the hands of the incumbent Public Prosecutor or his deputies. We direct accordingly.”
8. It is apparent that in compliance of this direction from the Appellate Divisio......s Involved:
Jamiruddin Sircar with AKM Shamsul Huq, Advocates—For the Petitioner.
Abdul Malek with Raquibul Hoque Miah, Advocates—For Respondent Nos. 5-34.
Md Mamtazuddin Ahmed, Deputy Attorney-General—For the Respondent Nos. 2-4.
AJ Mohammad Ali, Advocate—For the Respondent No. ......ssistant Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh (Annexure-D) should not be declared to have been made mala fide and without lawful authority and is of no legal effect.
2. The case of the petitioner, briefly, is as follows..
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....nctioning cash credit on the one hand the IDA credit ought not to have been taken back that is, giving by one hand and taking away by another hand which is not legal and against the canons of natural justice. This cash credit was required by the plaintiff for running the mill. He never applied for t......rgued that in such a suit where compensation and damages have been claimed the plaintiff has to prove the loss by adducing convincing evidence. But no such evidence has been adduced. The trial Court, according to Mr Mohammad Ali, failed to appreciate the evidence on record properly and came to, the ......ected against the judgment and decree passed by the learned Subordinate Judge Feni in Money suit No. 01-1990 who by his judgment dated 31-1-1991 decreed the suit in part. 2. The short fact leading to this appeal is that the plaintiff instituted the suit alleging that for obtaining loan under IDA ...... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75...Category: Civil Law | Date: | Hits: 72
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......ments of lease similar to Annexure A. 3. It is stated that the Town Improvement Act 1963 provides a legal basis for open space for purposes of ventilation and recreation and the park or open space accordingly provided in the site plan Annexure A, and A‑1) reflect the scheme of the Master Plan. ......ddin Farooque Vs. Bangladesh and others, 48 DLR 438. Lawyers Involved: MI Farooqui with Md. Ruhul Quddus, Md. Abdul Mannan Khan, Advocates‑For the Petitioner. AJ Mohammad Ali, Additional Attorney‑General with Karunamoy Chakma, Assistant Attorney-General-For the Respondents. Writ Peti......d No. 4, at Block A, Section 12, Mirpur Housing Estate under Police Station Pallabi, Dhaka into residential plots, community centre and police station should not be declared to have been made without lawful authority and of no legal effect and why they should not be directed to develop the same vaca..Category: Environmental Law | Date: | Hits: 259
.... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72....... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72.......ppellate Division
(Special Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
Md. Muzammel Hossain J
Shah Dairy Products Limited………………Petitioner
Vs.
Commissioner, Customs, Excise and VAT Chittagong and others………………Respondents
Judgment
June 7, 1999......14-6-98, File No.4th/A(12) VAT/Shah Dairy/96/1313 dated 16-6-98 and File No.4th/A(12)2/VAT/Budget/98/3404-7 dated 18-6-98 (Annexure-’F’ series) shall not be declared to have been made without any lawful authority or of no legal effect.
2. Learned Advocate for the petitioner after placing the ..
Category: Fiscal/Taxation Law | Date: | Hits: 93
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
.... in their favour and, as such, the appellate Court committed an error of law in not allowing the application for withdrawal under Order 23 rule 1 of the Code of Civil Procedure occasioning failure of justice. 7. Mr. Moazzem Hossain, the learned Advocate for the opposite parties, contends that the...... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ......bul Kashem…………………..Petitioner Vs. Abdus Samad Biswas…………………Opposite Party Judgment May 11, 1999. Case Referred To- Md. Badaruddin Moral and others Vs. Santosh Kumar Sen and others, 41 DLR (AD) 156. Lawyers Involved: Nitai Roy Chowdhury, Advocate...... learned Advocate for the petitioner, submits that in view of the facts that the learned Judge found that since there was no cause of action the suit is not maintainable, the appellate Court erred in law in not allowing the application for withdrawal of the case. He further submits that since there ..Category: Property Law | Date: | Hits: 30
....f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......ondents.
Writ Petition No.6948 of 1997.
Judgment
Md. Ali Asgar Khan J.- This Rule was issued at the instance of the petitioners being the heirs of late Mi Akbar calling upon the respondents to show cause as to why judgment and order dated 15-9-97 passed by the respondent No.1 in respect of......2/73 Jessore) (Vide Annexure-F) rejecting the case and its publication in the official gazette dated 23-9-86 at page 9762(16 1) at Serial No. 81 should not be declared to have been passed without any lawful authority and is of no legal effect.
2. The petitioners in the application under Article 1..
Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)
....sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ...... not overcome the legal provisions mentioned hereinabove in the nomination of the President of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......aka…………….Petitioner Vs. Md. Moazzem Hossain Bhuiyan and Others……………………The Respondents Judgment December 17, 2009. Lawyers Involved: MK Rahman, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Rafique-U......dated 25.08.2007 (Annexure-B to the writ petition) cancelling the first Ad hoc Governing Body dated 15.07.2009 and appointing the second Ad-hoc Governing Body respectively to have been issued without lawful authority and of no legal effect and declaring the appointment of the first Ad hoc Committe..Category: Civil Law | Date: | Hits: 81
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....stated before. In discharge of its constitutional duties Bangladesh Public Service Commission did not do any wrong and whatever is done under the prevailing laws and rules concerned is to ensure fair justice to all job seeking candidates of the whole country. The whole thing was done with lawful aut......amination 292 candidates including the petitioners were found unfit for non-compliance of different mandatory provisions as was required to comply with at the time of filing application Forms and accordingly, they were declared unqualified to call for Viva-Voce Examination. It is stated that at ......thers..............Petitioners Vs. Public Service Commission and others…………..Respondents Judgment May 18, 2006. Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and others vs. Shahrayar Murshed 48 DLR (AD) 33; Govern......2 candidates including the petitioner, from the notice bearing No. BASAKAKA-Pa Ni: Shakha dated 256-2003 (Annexure A) issued by the respondent No. 2 should not be declared to have been made without lawful authority and to be of no legal effect and/or such other of further order or orders passed as..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... to the property. Despite notice given to the respondents, the respondents did not care to take up the case of the petitioners for consideration, thereafter, the petitioners served a notice demanding justice on 2411-2001 for mitigating their grievance. In supplementary affidavits filed by all the ......purchased the lands from the original owners by different registered sale deeds in the year of 1997 and by their purchase the petitioners became the affected persons consequent to the acquisition and accordingly, their names were in the award list. The petitioner Nos. 1-5 got information that some o...... Shah Khashruzzaman with Reshma Sultana, Advocates—For Respondent No. 3. Writ Petition No. 6928 of 2001. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why they should not be directed to refrain from transacting any business on the ......hing the said residential model town. The petitioner purchased the acquired land of said LA Case No. 2/87-88 on different dates in the year of 1997 and, as such, the purchase is not permissible under law and the petitioners have not acquired any right, title and interest by purchase subsequent to ac..Category: Property Law | Date: | Hits: 34
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....or aforesaid reasons, the judgment and decree of the court of appeal below, which reversed those of the trial Court cannot be sustained in law, which no doubt resulted in error occasioning failure of justice. 26. In the result, the Rule is made absolute without, however, any order as to cos...... 11. The trial Court found the existence of the pathway in the deed Exhibit 1. There was clear recital of six feet wide pathway leading to the main road marked by letter by sketch map. It, accordingly, held that the plaintiff was entitled to use the pathway marked by letter ''ট', 'ঠ' ......iyan (Md)…………Petitioners Vs. Begum Saheda Nur……………………..Opposite-Parties Judgment February 15, 2007. Result: The Rule is made absolute Right to easement If a pathway is used for egress and ingress from his (her) land by anybody ...... be entitled to get such obstructions removed. 25. For aforesaid reasons, the judgment and decree of the court of appeal below, which reversed those of the trial Court cannot be sustained in law, which no doubt resulted in error occasioning failure of justice. 26. In the result, th..Category: Property Law | Date: | Hits: 30
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
.... on record as well as the possession of the case properly and documents in respect of the bona fide transfer of the property and thereupon, the impugned judgment and order has occasioned a failure of justice. 11. No affidavit-in-opposition has been filed by the respondents although notice of the......ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ......ettlement and others……………..Respondents Judgment August 17, 2006. Lawyers involved: MA Quddus Sheikh for Md. Fazlul Karim—For the Petitioners. Md. Shamsul Haque, Assistant Attorney-General with Ms. Quamrunnessa Ratna, Assistant Attorney-General — For the Respondents. W......pondent No. 1, the First Court of Settlement, Dhaka in Case No. 377 of 1995 (Kha-72: Block 'D', Mohammadpur, Dhaka), Annexure-Q to the writ petition should not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....e Employment of Labour (Standing Orders) Act, 1965 and, as such, the suit was not barred under that Act and the order of his dismissal from service was passed in violation of the principle of natural justice as he was not given an opportunity of being heard and, as such, the dismissal order was ille...... him to explain why he would not be dismissed from the service; that he by a letter dated 11-11-1990 gave reply to such second show cause notice, which was found not satisfactory by the authority and accordingly, he was dismissed from service by the letter dated 5-1-1991, on receipt of which he file......ar vs. Chairman, Labour Court, Khulna 31 DLR 301; Indo-Pakistan Corporation Ltd. vs. Chairman, Labour Court 21 DLR 265; Dosta Textile Mills Ltd. vs. Sudhansu Bikash Nath 40 DLR (AD) 45; Managing Director, Rupali Bank Ltd vs. Tofazzal Hossain and others 44 DLR (AD) 260; Managing Director, Rupali Bank......le as the plaintiff as a worker was defined in section 2(v) of the Employment of Labour (Standing Orders) Act, 1965 and, as such, his remedy was available in the Labour Court, created under a special law and, as such, the suit was barred by law. The plaintiff filed written objection, against that ap..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....impugned judgment and decree allowing the appeal and reversing those of the trial Court passed in Other Class Suit No. 82 of 1994 which has resulted in an error in the decision occasioning failure of justice and, as such, the same cannot be sustained in the eye of law. 15. In the result, the ......that the aforesaid order is not binding upon the plaintiff. 3. The plaintiff's case, in brief, is that Government gave compensations on the basis of State Acquisition and Tenancy Act, 1950 and accordingly, during SA operation the suit land was recorded in the name of the Government in khas Kh...... Case Referred To- Government of Bangladesh vs. Ramananda Sarker, 54 DLR (AD) 35. Lawyers involved: Abdul Haque, Advocate—For the Petitioner. Feroz Shah, Assistant Attorney-General—For the Opposite Parties. Revision No. 4415 of 2000. Judgment ......plaintiff-appellant-opposite party No.1 (Government), whether the suit being No. 82 of 1994 is barred by limitation and whether the ex parte order dated 236-72 was passed in that Miscellaneous Case lawfully. 8. During trial of the aforesaid suit plaintiff examined only one witness (Tahshild..Category: Property Law | Date: | Hits: 32
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ......fter discharging her cargoes. When defendant No. 4, the clearing agent of the plaintiff, went to take delivery of goods they failed to deliver 37 bales of raw cotton as the same was not traceable and accordingly, the port authority issued a short landing certificate in respect of the said 37 bales o......…..Defendant-Appellant Vs. Bangladesh Textile Mills Corporation and others……………..Respondents Judgment November 9, 2006. Cases Referred To- Gladstone Wyllie & Company Ltd. vs. Shahidi Trading Corporation 10 DLR 307; Karachi Steam Navigation ......ion under Rule 6 of Article 3 of the Schedule of the Carriage of Goods by Sea (Act XXVI of 1925) and, as such, the impugned judgment and decree passed by the learned trial Court is not sustainable in law. Mr. Ohiullah the learned Advocate, in support of his contention referred before us Carriage of ..Category: Civil Law | Date: | Hits: 87
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......s conceived and created a vested right to give effect to the recommendation being given by the said "Cell" 'vide' Annexure B for having the force of law in view of Article 152 of the Constitution and accordingly, she submits that the Rule should be made absolute by giving direction to the respondent......zaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged without any order as to costs. Cases Referred to- Bangladesh represented by the Secretary, Ministry of Establishmen...... being constituted to identify the sick industries, its causes for being sick and to give recommendation for effective solution to the problem lying therewith, is a notification, and has the force of law for having been published in the Bangladesh Gazette by the order of the President. Hence, recomm..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
....tion materials for recounting of the ballot papers of Ward No. 4. The Election Tribunal heard the application and allowed on the view that recounting of the ballots would be essential for the ends of justice. 6. Against the said order, the elected member made a revision application before the......ction materials for resolution of the election dispute. 12. On 24-5-2005 the Election Tribunal heard the application and found the recounting of the votes was necessary for ends of justice and accordingly, directed the returning officer for sending the election materials. 13. The revis......tioner along with four others contested. He got 452 votes with the symbol of 'Machh' while opposite party No. 1 Habuluddin with 'Morog' got 475 votes. Then, opposite party No. 1, hereinafter referred to as elected member, was declared elected. Result of the election was published on 15-5-04. ......ding, in which order has been passed by a Court of Joint District Judge or Senior Assistant Judge or Assistant Judge from which no appeal lies and if such Court appears to have committed any error of law resulting in an error in such order occasioning failure of justice, and revise such order and ma..Category: Election Law | Date: | Hits: 99
Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)
.... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ...... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ...... ..............Respondents Judgment June 24, 2009. Lawyers Involved: Sufia Khatun, Advocate-on-Record- For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 312 of 2008. (From the judgment and order dated 4.12. 2007 passed by the High Court......02 of 1998 affirmed the above decision holding that the imposition of the custom duty on the basis of Yellow Book Value on the reconditioned used vehicles imported from, abroad was in accordance with law and thereafter following the above decision another Bench of the High Court Division in the case..Category: Fiscal/Taxation Law | Date: | Hits: 64
Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
....vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185.......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185.......vernment of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………………………....Respondents Judgment October 19, 2009. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Syed Mahbubur......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185...Category: Civil Law | Date: | Hits: 85
....e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......don BC ex p Kayene Lavenson [1975] QB 431, R v London CC ex p Corrie, [1918] 1 KB 68.
Lawyers involved:
Ms Sarwat Siraj, Advocate—For the Petitioner.
Shamsul Hoque, Assistant Attorney-General—For the Respondent.
Writ Petition No. 3535 of 2005
Judgment
Sy......th those three specific channels (Annexure 'Q' to the Supplementary Affidavit dated 14-12-2006). That licence proactively also subjected the petitioner licensee to compliance with all future relevant law and guidelines. Incidentally, with the legislative development on 24-9-2006 manifested in the ..
Category: Information Technology Law | Date: | Hits: 171
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