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Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61.......t the Court concerned shall have to find out according to the terms of the rule, whether the proposed amendment is likely to facilitate the determination of the real questions in controversy. The power of amendment of pleading as provided in Order 6 rule 17 of the Code of Civil Procedure is a ma......an J Nitai Ch. Shaha ……………Petitioners (In Civil Revision No. 4 of 1981) Umananda Shaha ……………Petitioners (In Civil Revision No. 233 of 1981) Vs. M/s. City Ice and Cold Storage Ltd. and others…………………Opposite-Parties (In both the cases) Judgment April......d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61...Category: Civil Law | Date: | Hits: 132
Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)
....ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99.......urt Division formed the opinion that the irregularities and illegalities though not raised on the polling day yet can be resolved by the Election Commission in exercise of its supervisory and plenary power under Rule 93 of the Rules. 2009 inasmuch as election process starts with the publication of t...... Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Ataur Rahman……………….................Petitioner Vs. Election Commission & Others..........Respondents Judgment October 12, 2010. Result: The leave petition is dismissed. Lawyers Involved: Fida M. Kamal......ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99...Category: Election Law | Date: | Hits: 296
Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)
....f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ......the executing Court having decided the application on merit and having not decided on a preliminary point, the High Court Division erred in remanding the case to the executing Court in exercising its power beyond the scope of Order 41 rule 23 of the Code of Civil Procedure. The learned Advocate furt......Lawyers Involved: A.M. Ameen uddin, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. None represented-For Respondent. Civil Petition for Leave to Appeal No.395 of 2008. Judgment Mohammad Fazlul Karim J.- This Petition for Leave to Appeal......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ..Category: Others | Date: | Hits: 140
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ......uently the respondent No. 1 as per provisions of the Service Rules, 1985 issued the memo dated 26-1-1994 (Annexure C) temporarily suspending the petitioner from service. The respondent No.1 was given powers vide Memo No. Thana/Pa- 37/8/92/916 dated 31-10-1994 for issuing the dismissal letter against...... Upazila Nirbahi Officer and others……………..Respondents Judgment May 4, 2006. Lawyers involved: Md. Mazibar Rahman, Advocate—For the Petitioner. Md. Safed Ali, Assistant Attorney-General—For the Respondents. Writ Petition No. 3510 of 2004. Judgment MM Hossain J......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ..Category: Employment/Service Law | Date: | Hits: 180
Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)
....who has misappropriated the bank’s money. There is no prayer for realisation of money from any loanee. The Artha Rin Ain is meant for realisation of money from the loanee who took the loan from any financial institution including the present bank. It is submitted that the Adalat has no jurisdictio......within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......ch, Manikganj……………..Appellant Vs. AFM Emamul Huq………………Respondent Judgment January 7, 1998. Result: The appeal is allowed. Case Referred To- Managing Director, Rupali Bank limited and others Vs. Tafazal Hossain and others, 44 DLR (AD) 260. Lawyers Invo......within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173...Category: Civil Law | Date: | Hits: 202
Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)
....he decision of the said meeting held on 20.11.2006. Thus he remains as Panel chairman No. 1. 4. While the position was such, on 13.11.2007 the Ministry of LGRD empowered the petitioner to exercise financial power due to the custody of the Pourashava Chairman /Mayor under the provision of section ......a Rule and order of stay, staying the decision of the said meeting held on 20.11.2006. Thus he remains as Panel chairman No. 1. 4. While the position was such, on 13.11.2007 the Ministry of LGRD empowered the petitioner to exercise financial power due to the custody of the Pourashava Chairman /Ma......lam Mia, Advocate with Faruk Hossain, Advocate with him-For the Respondents. Writ Petition No. 7870 of 2009 Judgment Md. Abu Tariq J.- This Rule nisi was issued calling upon the respondents to show cause as to why the notification স্থাসবি/পৌর-২/চবি-বিবি......High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Mohammad Ismail, son of Noor Aziz, elected Councilor of Ward No. 9 of Teknaf Paurashava and Panel Mayor No. 1 of Teknaf Paurashava, Upazila-Teknaf, District—Cox’s Bazar. ………………..Category: Others | Date: | Hits: 136
....se of audit is to keep a deterrent on declaration of incorrect income in the return. This audit is made in all countries including India and Pakistan. Only a few of those returns are selected. In the financial year 2008-09 out of a total number of 5,28,826 returns, a total of 5,250 returns were sele...... 84 as the case may be." (Underlined by us)
7. The learned counsel after reading this provision of section 82 BB(3) submits that the insertion of section 82 BB(3) invested the respondents with the power to promulgation of Rule for selection of cases for audit, whereas the respondents by now, did ......oard of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others………………Respondents
Judgment
April 27, 2010.
Result:
The Rule is discharged.
Cases Referred to-
Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress, A.I.R. (SC) 101; Mohiuddin Faruquie'...... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
..
Category: Fiscal/Taxation Law | Date: | Hits: 227
....tter to the syndicate. On the other hand, from a series of news paper reports (Bhorer Kagoj-07.05.2004) it was learnt that due to reckless appointments by the National University an additional annual financial liabilities of the Tk.6,00,00,000/- (six corers) was illegally created. It was illegal bec......03 to 04.01.2004 he appointed 331 persons without any advertisement, without any selection committee and without maintaining the quota system. This was done in exercise of the unguided and unfettered powers under Section 12(10) of the National University Act, 1992. In this way during his term the sa......spaper Ltd. Vs. India AIR 1986 SC 872 O.P; Gupta Vs. India AIR 1987 SC 2257.
Lawyers Involved:
Dr. Kamal Hossain, with Rehan Husain, Advocates-For the petitioner.
ABM Altaf Hossain, Deputy Attorney General-For the respondents.
Review Petition No. 67 of 2010
(arising out of Writ Petit......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
..
Category: Administrative Law | Date: | Hits: 371
Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)
....ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ......es Ordinance, 1976. Further, it is stated that the impugned order is the result of malafide intention and has been done for collateral purposes and the same was passed at the instance of the party in power and not on the basis of an objective independent finding. 3. Mr. Amirul Islam has taken us ......of the Constitution of the People's Republic of Bangladesh the petitioner challenges the order of the delimitation of constituency passed on 22‑5‑95 by the Election Commission delimiting the territorial constituency of Dhaka purporting to take away Harirampur Union from territorial constituency ......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ..Category: Election Law | Date: | Hits: 271
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......r. M. Fazul Karim - For the Opposite Party No.1. Civil Revision No.17 of 1980. Judgment Mustafa Kamal J.- The question involved in this Rule is whether the appellate Court below has the power to review its own Judgment under Order 47 rule 1 of the Code of Civil Procedure, the appeal ha......………………….....Petitioner Vs. Mehar Khatun………………………………Opposite Party Judgment April 7, 1982. Result: The rule is discharged. Cases Referred to- Jwala Prashad Vs. Jwala Bank Ltd. (in liquidation), AIR 1961 All 381; Mr. Abilakhi Vs. Sada N......ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ..Category: Procedural Law | Date: | Hits: 119
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
....ial as an instrument of harassment of prosecution witnesses and the accused, it is quite common in this poor country that the accused persons in defending themselves in a case become totally ruined financially, mentally and physically by the time the trial is over, even if they are acquitted at th......ntrary intention appears in the repealing enactment. As a different intention does not appear either in section 4 (Savings) or in any other provision of the Law Reforms Ordinance, 1978 giving special power to the trial Judge in the Court of Session to summon and try the discharged accused without ......etitioner. Md. Abdur Razaque Miah - For the State. Criminal Revision No. 429 of 1979. Judgment Mohammed Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner Dacca to show cause why the order dated 1.8.79 passed by Mr. Asaduzzaman, Additional Sessions Judge, Dacca...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ..Category: Criminal Law | Date: | Hits: 92
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ...... of any provision in the Act authorising the Principal of the college to take action by way of implementation of the decision of the Academic Council and Disciplinary Committee will not affect the power of the Principal to punish the students for indiscipline or misconduct. Though the point rega......f 1993] Vs. Principal, Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are accordingly made absolute. Cases Referred to- Farid Sons Ltd. Vs. Government of Pakistan, 13 DLR (SC) 233; Zakir Ahmed Vs. University of ...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..Category: Others | Date: | Hits: 168
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54....... has taken cognizance has got no force. The word 'proceeding' means legal proceeding in the Court and not the searches or arrest or investigation made by the investigating agency in exercise of the power conferred upon them by law. Proceeding means judicial proceeding which starts after submission...... J Rezaul Bari (Md.)....................Petitioner Vs. Bangladesh & others .........Respondents Judgment March 9, 2010. Result: The Rule is discharged. Cases Referred to- Makbul Hossain Vs. State, 40 DLR 326; Khorshed Alam Vs. State, 27 DLR 111. Lawyers Involve......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54...Category: Anti-Corruption Laws | Date: | Hits: 142
....aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
......now digress to have a glean to some relevant provisions pertinent in this respect for the appreciation and decision. The Customs Agent Licensing Rules 1986 came into force on 27-6-1986 in exercise of power conferred by enabling the section 219 of the Customs Act, 1969 read with item 21 of the third ......ction)
Present:
Md. Ashfaqul Islam J
SM Emdadul Hoque J
Saint Martin Commodities Limited...................Petitioner
Vs.
Chairman & Joint Commissioner, Licensing Authority, Customs House & Others………Respondents
Judgment
February 23, 2010.
Result:
The R......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
..
Category: Business or Commercial Law | Date: | Hits: 656
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....n 1975 the petitioner, the Mannaco Laboratories Ltd., a Pharmaceutical industry engaged in manufacturing certain medicines, applied to the Bangladesh Shilpa Bank (hereinafter mentioned as Bank) for financial assistance for modernisation of the factory. In February, 1978, the Bank having found th......new Drug Policy. In the petition filed by the Bank before respondent No.1 it was admitted that the project was adversely affected by the new Drug Policy of 1982. 8. Article 32 of the BSB Order empowers the Bank to ask an industrial concern to repay the entire loan in spite of any term stipulate......risdiction) Present: Syed Misbahuddin Hossain J Qazi Shafiuddin J Mannaco Lab. Ltd.......................Petitioner Vs. General Certificate Officer & Bangladesh Shilpa Bank, Taltola, Hill Town Hotel..................................................Respondents Judgment A......ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ..Category: Civil Law | Date: | Hits: 171
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......stion of maintainability of the appeal was not specifically raised in the Appellate Court below, but this being a question of law, can be raised here before this Court. This Court in exercising its power under section 115(1) of the C.P.C. can even suo motu interfere into an illegal order in the ......................Petitioners Vs. Abdul Karim Sheikh & others.........................Opposite Parties Judgment May 31, 1989. Result: The Rule is made absolute. Cases Referred to- 26 DLR(AD)1(8);38 DLR (AD)33(8);22 DLR (SC)102(11);AIR 1957 Cal. 242(11);22 DLR (SC)144(13). ......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....rity) of the Ministry of Home Affairs, Govt. of Bangladesh, wherein it has been stated that the detaining authority having been satisfied that the detenu was acting in a manner prejudicial to the financial and economic interest of the State passed the order of detention in the present case. 4......tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......………Petitioner Vs. Secretary Ministry of Home Affairs & others…………….Opposite Parties Judgment May 24, 1989. Result: The Rule is made absolute. Cases Referred to- Lakshman Khatik Vs. State of West Bengal, 1974 IV Supreme Court Cases 1. 7975 (2) Supreme Cou......tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153...Category: Criminal Law | Date: | Hits: 109
Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)
....nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ......tigation, inquiry, trial or other proceedings under this code by or before such Court or officer, such Court may issue summons or such officer a written order, to the persons in whose possession or power such document or thing is believed to be requiring him to attend and produce it, or to produce......ceedings of D.A.B. Non F.I.R. Case No.717 dated 6.8.86 and D.A.B.G.R. No.76 of 1986 under section 175 of the Penal Code. 2. The petitioner's case, in short, is that one Mr. Abdul Khaleque, Inspector, District Anti-Corruption Bureau, Commissioner's Building, Dhaka by his letter dated 21.4.86 u......nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ..Category: Procedural Law | Date: | Hits: 118
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......investigation or for taking cognizance of the offence under section 25B and 25D of the Special Powers Act against the accused petitioner and the learned Sessions Judge purported to have exercised his power as Special Tribunal, Dinajpur by his order dated 23-1-89 took cognizance of the offence under ......……………..Accused Petitioner Vs. The State……………………...............Opposite Party Judgment June 27, 1989. Result: The Rule is made absolute. Cases Referred to- 29 DLR 428; 30 DLR 125; 31 DLR 242-243; Md. Kalu Bhuiya alias Kalu Vs. Special Tribunal No. I...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ..Category: Criminal Law | Date: | Hits: 103
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
.... may be a subsequent proceeding, but it will proceed in its own way in accordance with law and it cannot be stayed, because it has been filed under a special law providing for a speedy remedy for financial and loan-giving organization. For realisation of bank loans a special law had been enact......vision, we should consider it with utmost care and caution. The relevant portion of the said decision may be quoted as follows:— "It (meaning P.O.No.129 of 1972) confers upon the Shilpa Bank powers to advance loan and provides the composition, powers and functions of the Bank. It also lay......Ahmed Silk Mills Ltd.......................Petitioner Vs. Bangladesh Shilpa Bank.............Opposite Party Judgment June 29, 1989. Result: The Rule is discharged. Cases Referred to- Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 38 DLR (A.D.) 70. Lawyers Involved: ......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ..Category: Civil Law | Date: | Hits: 119
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