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Aung Shwe Prue Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....order to interfere with the same. In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 217. ....... It appears from notification dated 4‑11‑1996 that respondent No.4 has been appointed and recognised as the chief of the Bohmong circle of Chittagong Hill Tracts by the Government in exercise of power under Chittagong Hill Tracts Regulations 1900 (Regulation 1 of 1900) and Commissioner of Chitt......gment January 12, 1997. Result: The Rule is discharged. Lawyers Involved: Khandker Mahbubuddin Ahmed with SM Moonsir, Advocates ‑ For the Petitioner. KM Saifuddin Ahmed, Deputy Attorney‑General ‑ For Respondent Nos.1‑3. Zakir Ahmed with Oziullah, Advocates - For Respond......order to interfere with the same. In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 217. ..

Category: Civil Law | Date: | Hits: 185

lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)

.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ...... (CJS) IA Page‑279 is hereunder: "Acquiescence. The word, it has been said, implies acceptance or approval, active assent, active consent, assent, assent or consent, consent, also knowledge, and power to contract. The word has been employed as meaning conduct recognising the existence of a t..........Pre‑emptee‑Petitioner Vs. Md. Joinal Abedin Talukder and 76‑others.............Opposite Parties Judgment August 20, 2002. Result: The Rule is discharged. Cases Referred to- Durga Choudhurain Vs. Jawahir Singh Choudhuri, 17 Indian Appeal 122; Ramchandra Vs. Ram Linga...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..

Category: Property Law | Date: | Hits: 116

Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)

....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......s laid down in sections 237 and 238 in the Chapter II of the Succession Act, 1925. 7. Now the only question arises before us to ascertain as to whether the District Judge or District Delegate is empowered under the Act to consider grant of probate on the basis of copy of a lost 'Will' without get.....................Appellant Vs. Paresh Chandra Sutradhar..........................................Respondent Judgment February 16, 2002. Result: The Appeal is allowed. Case Referred to- AIR 1939, Calcutta 674. Lawyers Involved: SS Halder, Senior Advocate with HR Acharjee, ......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ..

Category: Property Law | Date: | Hits: 113

Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)

....d. 9. The foremost question is whether decree holder Janata Bank filed the execution case before the learned Joint District Judge legally. It is an admitted fact the decree holder Janata Bank is a financial institute within the meaning of Section 2 of Artha Rin Adalat Ain, 2003, Act VII of 2003 a......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ...... another………………………Petitioners Vs. Janata Bank………………………Opposite Party Judgment August 1, 2010. Result: The rule is made absolute. Case Referred to- Sonali Bank Vs. Abidur Rahman. Lawyers Involved: Md. Mustafizur Rahman Khan, Advocate ......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ..

Category: Civil Law | Date: | Hits: 168

Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)

.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......its that the learned Subordinate Judge utterly failed to consider that the arbitration proceeding was not conducted in accordance with law and that the arbitrator in giving the award acted beyond the power vested in him and thus fell into an error in not setting aside the award. The learned Advocate......…….Petitioners Vs. Progati Prakaushali & another…………………………Opposite Parties Judgment May 13, 1996. Result: The application is rejected. Cases Referred to- 6 DLR 478; 8 DLR 305; PLD 1966 (Dhaka) 262; AIR 1941 (Sind) 111; 9 PLD 1960 (Lahore) 677; AIR...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..

Category: Alternative Dispute Resolution | Date: | Hits: 606

Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)

....nd forthwith. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ......e of Criminal Procedure lays dawn that no police officer shall investigate a non-cognizable case without the order of a Magistrate of the first or second, class having power to try such case or send the same for trial. In the instant case not only inves......��…………………Respondent Judgment November 24, 1982. Result: The rule is made absolute. Lawyers Involved: M.A. Aziz - For the Petitioner. Moazzem Hossain, Deputy Attorney-General - For the State. Criminal Revision No.282 of 1979. Judgment Abdur Rahm......nd forthwith. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ..

Category: Criminal Law | Date: | Hits: 115

Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)

....clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ......anaging Committee but may do so from outside. 10. In that view of the matter, the Government was at liberty to appoint any person as Chairman of the Managing Committee in exercise of its residuary power but other than the person(s) recommended by the elected members of the managing committee. In ......Khairul Hague J.- The Rule Nisi was issued at the instance of Abul Hossain Azad the petitioner calling upon the Government of Bangladesh represent by the Secretary, Ministry of Education and 4 others to show cause as to why the order nominating the respondent No.5 as the Chairman of the managing Com......clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ..

Category: Others | Date: | Hits: 181

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

..... Mr. Md. Moinul Islam Chowdhury, the learned Advocate further submits that the trial Court was wrong in not considering that the respondent filed the suit in order to harass and cause huge amount of financial loss to the appellants and that the appellants having produced unimpeachable evidence to p......ty seeking it. Discretionary is not arbitrary or capricious but it must be regulated upon grounds that would make it judicial. No hard and fast rules can be laid down. In exercising its discretionary power a Court will grant or withhold relief according to the case presented. In every case the quest......…………….Appellants Vs. Md. Sekander Ali Haowlader…………………………………Respondent Judgment March 7, 2007. Result: The appeal is allowed. Cases Referred to- Rash Behari Moshalkar Vs. Hiron Baja Debi and another, 1985 BLD (AD) 51; Silver Estate Ltd. V......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ..

Category: Civil Law | Date: | Hits: 102

Ataur Rahman Vs. Secretary, Ministry of Communication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others, 1997, 26 CLC (HCD)

....or three terms before. For the lease of 1995‑1996 he deposited earnest money of Taka 4,47,775.00 but as the authorities failed to deliver possession of the Ferry ghat in time, he being hard pressed financially was obliged to write a letter to the Secretary, Ministry of Communication on 11‑12‑9......0th June of the following year, the extension of lease in favour of respondent No.5 is unprecedented. The impugned order is ex‑facie, discriminatory, illegal, malafide and in colourable exercise of power by respondents 2 and 3 who issued the impugned order behind the back of the petitioner while p......lway Division, Bangladesh Secretariat, Dhaka and Others………………………………….Respondents Judgment January 27, 1997. Result: The Rule is made absolute. Cases Referred to- Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others case, BLD 1987 (AD) 106; M......out lawful authority and is of no legal effect. In the facts and circumstances of the case there will not be any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 331. ..

Category: Civil Law | Date: | Hits: 178

Lalima Begum and another Vs. Chairman, Court of Settlement, 1st Court, Dhaka and another, 1997, 26 CLC (HCD)

....he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect. Ed. This case is also Reported in:49 DLR (HCD) (1997) 325. ...... case, thus must be held to be illegal, mala fide and without lawful authority. 14. We are conscious that the High Court Division in deciding the case is not acting as the Court of appeal with the power to lightly interfere with findings of facts arrived at by the learned Court of Settlement. But......…………Respondents Judgment March 12, 1997. Result: The Rule is made absolute. Lawyers Involved: Masood R Sobhan, Advocate ‑ For the Petitioners. Saifuddin Ahmed, Deputy Attorney‑General - For the Respondents. Writ Petition No.1514 of 1992. Judgment Gour Gopal ......he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect. Ed. This case is also Reported in:49 DLR (HCD) (1997) 325. ..

Category: Property Law | Date: | Hits: 116

Serajul Islam Vs. State, 1996, 25 CLC (HCD)

....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......(11)/95 under section 19A of the Arms Act and case No.18(11)/95 under sections 13 and 14 of the Explosive Substance Act. The District Magistrate, Dhaka on 11‑11‑95 issued an order, in exercise of power conferred by section 3(2) of the Special Powers Act, 1974, directing the detention of the afor......�……………………..Petitioner Vs. State………………………………….Opposite Party Judgment February 6, 1996. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. Bangladesh, 31 DLR (AD) 1; Jahanara Begum Vs. State, 46 DLR 107; Hasina......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ..

Category: Criminal Law | Date: | Hits: 127

Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)

....115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ...... of 1990 claiming that she had constructed a house on the schedule land by taking a loan of Taka 3,28,000.00 from the House Building Finance Corporation, Rajshahi, Subsequently she executed a general power of attorney in favour of the opposite party No.1 in respect of the house. At the same time she......unnahar Chowdhury...............Petitioner Vs. Md. Masud Jamal and others................Opposite Party Judgment November 23, 1994. Result: The Rule is discharged. Cases Referred to- Chattu Kutti Vs. Kundan, 1931 (61) (MLJ 852); Todd Vs. Superior Court, (1919) 7 ALR 938; West......115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ..

Category: Civil Law | Date: | Hits: 132

Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)

....missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......t Board………………………Appellant Vs. Sonali Bank and others……………………Respondent Judgment June 30, 1982. Result: The appeal is dismissed. Cases Referred to- Mirza Umar Boksh Vs. Hussan Aara and others, PLD 1960 (W.P.) Peshawar 85; Asghar Hussain Vs. ......missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..

Category: Procedural Law | Date: | Hits: 143

Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)

....tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......n 10.7.1986. The defendant No.1 was a minor on that date and that is admitted. On perusal of the contract it shows that the mother herself in her personal afford executed the contract without being empowered from any Court of law to transfer immovable property belonged to the minor defendant. Power ......ioners Vs. Mohammad Hasan Ali and another………………………………Plaintiff-Opposite Parties Judgment March 22, 2007. Result: The Rule is made absolute. Cases Referred to- Iman Bandi Vs. Mutsuddi, 45 IA 73; Md. Izaj Vs. Md. Iftikhar, AIR 1932 (PC) 76; 1 PLR Dhaka 6......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ..

Category: Civil Law | Date: | Hits: 129

Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)

....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......n of law, irregularity of procedure, neglect of proper precautions or apparent harshness of treatment. The High Court Division under section 435 and 439 of the Code of Criminal Procedure reserves the power to see that the justice is being done and sub-ordinate Courts do not exceed the jurisdiction o......……………………..Petitioners Vs. The state…………………………….Opposite party Judgment July 30, 31, 2005. Result: The rule is made absolute. Cases Referred to- Abdul Bahar @ Abul Bahar and others Vs. The State, 5 BLD 84; Gaziur Rahman Vs. The state, 11 ......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ..

Category: Criminal Law | Date: | Hits: 119

Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)

....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174....... credit facilities for the said projects which being allowed the defendant No. 1 opened a Current Account with the plaintiff bank on 3.11.1986 and executed 3(three) Powers of Attorney on 17.12.1991 empowering the plaintiff bank to collect the bills directly from the respondent No. 12; thereafter the......ms………………Petitioner Vs. IFIC Bank Ltd. & Others………….....Respondents Judgment July 30, 2005. Result: The petition is dismissed. Case Referred to: Guhlam Rahman vs. National Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: ......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174...

Category: Civil Law | Date: | Hits: 122

Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)

....9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527....... in the case of Abdur Rouf Vs. Abdul Hakim, reported in 17 DLR (SC) 515 where it was observed as follows: "A mala fide, act is by its nature an act without jurisdiction. No legislature when it grants power to take action or pass an order contemplates a mala fide exercise of power. A mala fide order ......……Respondents Judgment May 25, 1992. Result: The Rule in Writ Petition No.1233 of 1989 is made absolute. The Rule in Writ Petitioner No.285 of 1989 is discharged. Cases Referred to- Protap Singh Vs. State of Punjab, AIR 1964 (SC) 72, Vice‑Chairman, EP Management Board Vs. ......9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527...

Category: Employment/Service Law | Date: | Hits: 231

Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......to IWTA the respondent No.2, its recommendation for granting the aforesaid ghat to the respondent No. 7 by way of lease to help the Muktijuddha families. 11. The respondent No.2 in exercise of its power under clause 3(Ga) of the office order dated 21-4-98 (Annexure-G) decided to grant lease of Mo......uzzaman ……………..Petitioner Vs. Government of Bangladesh and others……………..Respondents Judgment December 8, 1999. Result: The Rule is discharged. Cases Referred to- Dr Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; Bangladesh Vs. Safiuddin 50 DLR (AD) 27; Erusi......ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209...

Category: Others | Date: | Hits: 170

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....became an outstanding officer in the field. In July 1994, he was instrumental in exposing a company, the name of Orian Laboratory Ltd. who had illegally evaded Taka 40 lakh in value added tax. In the financial year 1994-95 whilst working under Tongi Division the petitioner earned for the country in ......T Collectorate Dhaka (North) sent him a message of congratulation. A copy of the congratulation letter date 2-1.95 has been annexed as Annexure-S to the writ petition. 11. There was shortage of manpower to do the job in the department as the work is ever increasing with overflow of responsibiliti......hment, Government of the People’s Republic or Bangladesh & others………………Respondents Judgment February 12, 1998. Result: All the Rules are made absolute. Cases Referred to- Mujibur Rahamn Vs. Government of Bangladesh, 44 DLR 111; Bangladesh Vs. Saifuddin Ahmed, 50 D......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357...

Category: Employment/Service Law | Date: | Hits: 186

Bangladesh Water Development Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)

....re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ......(b) order that the arbitration agreement shall cease to have effect with respect to the different referred. (3) A person appointed under this section as an arbitrator or umpire shall have the like power to act in the reference and to make an award as if be had been appointed in accordance with th......during 1989‑91. A work order for Taka 1,75,00,000.00 was issued in favour of opposite party No.1. Subsequently a dispute about enhancement of rates for payment of bills arose and the parties agreed to settle the dispute through arbitration and accordingly, Mr. Justice Maksum-ul‑Hakim was appoint......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ..

Category: Alternative Dispute Resolution | Date: | Hits: 521

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