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Principal, Barguna Darul Ulum Nesaria Alia Madrasha Vs. Secretary, Ministry of Health and others, 2002, 31 CLC (HCD)

....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542.......t if a plaint could not be rejected under Order VII rule 11 of the Civil Procedure Code, it could be rejected under section 151 of the Code of Civil Procedure, in the exercise of the Court's inherent power. In support of his contention he referred us to a decision of our Appellate Division, Abdul Ja......ivil Surgeon Barguna and others……………………………………………………Opposite Parties Judgment January 30, 2002. Result: The Rule is made absolute. Cases Referred to- Abdul Jalil and others Vs. Islamic Bank of Bangladesh Ltd. and others, 53 DLR 9; Burmah Easte......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542...

Category: Procedural Law | Date: | Hits: 146

Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)

.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......rrated it appears prima facie that the accused-petitioner admittedly executed bainapatra in favour of the complainant and thereafter suppressing the existence of that bainapatra executed two separate powers of attorney in favour of two other persons in respect of the same land. In this regard, the H......rul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For Respondent No.2. Not represented-For Respondent No.1. Criminal Petition for Leave to Appeal No.401 of 2009 (From the judgment and order dated 29th June, 2009 passed by the High...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 90

Administrative Officer, Hou­sing Settlement, Chittagong & others Vs. Abdur Rashid Chowdhury and others, 2011, 40 CLC (HCD)

....et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479.......sation vide Power of Attorney deeds for examining on behalf of others. The defendant exam­ined 2 (two) D.Ws. The plaintiff's documents were exhibited as exhibit-which is the Power of Attorney Deed empowering the plaintiff No.1 to depose in the suit on behalf of all other plaintiffs. Exhibit-2 serie......thers……………….Defendant-Appellants Vs. Abdur Rashid Chowdhury and others................Respondents Judgment May 10, 2011. Result: The appeal is allowed. Cases Referred to- Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, 14 BLC ......et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479...

Category: Property Law | Date: | Hits: 118

Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....ad during the year 1999-­2000 by the Superintending Engineer Dhaka Road Circle of the Roads and Highways Department on two envelope system, one containing technical offer and the other containing financial offer. The last date for submission of tender was 27‑6‑2000. The tenders were opened ......ecommendation made therein in favour of respondent No.4 (the 3rd lowest bidder) at the cost quoted by the petitioner are manifestations of unreasonable, arbitrary, biased and colorable exercise of power because in the meantime through Annexure "B” series the petitioner-company was awarded work............Petitioner Vs. Government of the People's Republic of Bangladesh and others……………Respondents Judgment May 10, 2001. Result: The Rule is disposed. Cases Referred to — Kulchhinder Singh and others Vs. Hardayal Singh Brar and others, AIR 1976 SC 2216; Sharp......l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ..

Category: Others | Date: | Hits: 207

Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)

....d of the family and the Company being a family concern the entire business affairs and management of the Company were run by him in the manner of a proprietorship concern. The Company has always been financially solvent and its business was lucrative and profitable. But respondent No.2 runs its affa......e declines to accept the shares offered, the directors may dispose of the same in such manner as they think most beneficial to the Company." 21. Regulation 71 as stated above has also given the powers of the directors as regards the management of the company. Regulation also prescribes that if......71. ......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ..

Category: Company Law | Date: | Hits: 225

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

....he Attorney‑General of Bangladesh at 25, Elephant Road and attacked his residence and as a result of this there was a threat on his life and there was deterioration of law and discipline. With your financial assistance two organisations namely, Ershad Mukti Parishad and Sangrami Chatra Shamaj have......olly without lawful authority. 21. Lastly, our attention has been drawn to the first portion of the grounds of detention wherein it has been stated that after the military rule Ershad took over power the detenu entered into politics, came to the forefront, was a former President of Jatiya Mahi...... Judgment February 5, 1992. Result: The Rule is made absolute. Lawyers Involved: Masood R Sobhan, Advocate ‑ For the Petitioner. A Y Salehuzzaman, Deputy Attorney General‑ For the Respondent Nos.1 and 2. Writ Petition No.3112 of 1991. Judgmen...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..

Category: Constitutional Law | Date: | Hits: 299

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......tioners 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: 216

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......e complainant used to carry on business in Qatar by residing there for a long time. The accused used to come to the house and office of the complainant in Qatar often. Accused petitioner showed him a power of attorney issued by the Government of Qatar in favour of his firm M/s. Shahbaz International...........................Petitioner Vs. Ansarul Huq Ansari & others.........................Opposite-Parties Judgment May 14, 1986. Result: The Rule is discharged. Cases Referred to- Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another, 36 DLR (AD) 14; Bhuban Mohan ......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..

Category: Criminal Law | Date: | Hits: 362

Abdul Mannan and others Vs. Government of the Peo­ple's Republic of Bangladesh & others, 1986, 15 CLC (HCD)

....i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ......dealing with applications under Order 40, rule 1, is whether in the circumstances of the case the appointment of a receiver is just and convenient, the main object being to preserve the property. The power is discretionary with the Court, but at the same time this discretion is not to be exercised a......s Vs. Government of the Peo­ple's Republic of Bangladesh & others…………….Opposite-Parties Judgment August 23, 1986. Result: The Rule is made absolute. Case Referred to- Mvi. Azizur Rahman and others petitioners Vs. Kailas Chandra Bumecha & others Opposite pa......i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ..

Category: Procedural Law | Date: | Hits: 139

Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)

....nd any merit in this appeal. Hence the appeal is dismissed and the con­nected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......o raise such objection against such appointment under section 13 and 14 of the Act. The appellants also had opportunity to raise such objection before the Arbitrator himself, as sec­tion 17 provides power to the Arbitrator/Tribunal, itself to decide any question as to its appointment/ constitution/......l and others........................Appellants Vs. Noor Afza…………………..............Respondent Judgment April 28, 2010. Result: The appeal is dismissed. Cases Referred to- Hazrat Ali Vs. Election Commission, 41 DLR 486; Darbari Lal Mudi Vs. Raneeganj Coal Associati......nd any merit in this appeal. Hence the appeal is dismissed and the con­nected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ..

Category: Alternative Dispute Resolution | Date: | Hits: 251

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chow­dhury and others, 1992, 21 CLC (HCD)

....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......1926 as the Judicial Commission of Chittagong University Commission was appointed under the Commission of Inquiry Act, 1956. At the outset it is necessary to state that High Court Division has been empowered under section 2 of the Contempt of Courts Act 1926 to take cognizance in respect of contempt..............................Petitioner Vs. Dr. Hasanuzzaman Chow­dhury and others ................................Opposite‑parties Judgment March 29, 1992. Cases Referred to- State Vs. Miah Abbas Ahmed, PLD 1989 (Lah) 377; AIR 1958 (SC) 538; MV Rajwade Vs. Dr. SM H......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...

Category: Criminal Law | Date: | Hits: 131

Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)

....The Rule is, accordingly, made absolute. Let an advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......section 491 CrPC it is only required to be seen whether the de­tention order is illegal and or improper. Here in the present caw, the order of detention having been made in colorable exercise of the power it cannot be said that the provision of section 491 CrPC is not appli­cable. The objects is t......Banu, 40 DLR (AD) 178. Lawyers Involved: Amir‑ul Islam with Mesbahuddin, Md. Ruhul Amin Bhuiyan and Enayet Hossain, Advocates­For the Petitioner. Amirul Kabir Chowdhury, Deputy Attorney General with Shah Azizur Rahman, Assistant Attorney General ‑ For Opposite Parties. C......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...

Category: Criminal Law | Date: | Hits: 156

Liton Vs. State and others, 1995, 24 CLC (HCD)

.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......ections 302/34 of the Penal Code in the Court of Magistrate, Sadar, Barisal. 2. The law is by now well‑settled that the High Court Division of the Supreme Court has the widest and comprehensive power under section 561A of the Code of Criminal Procedure to pass any orders or order either on an ...... This Case is also Reported in: 48 DLR (HCD) (1996) 102. ...... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ..

Category: Procedural Law | Date: | Hits: 140

SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)

....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......mately, one Advocate, namely, Mr. Kazi Rabiul Hasan agreed to appear on behalf of the complainant, but he was warned for violation of resolution of the Bar Association and as a result he withdrew his power in this way the complainant could not come out from Custody for five days as the Members of th......pposite parties, namely Mr. Md. Momen Ahmed Chowdhury Mr. Md. Mozammel Hoque Shakhidar, Mr. Md. Shamsul Haque, Mr. Md. Hena Kabir, Mr. Md. Rezaul Karim and Mr. Md. Shafiqul Islam, Advocates, attached to the Joypurhat District Bar Association, were also found guilty of the charge of professional and ......ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ..

Category: Others | Date: | Hits: 139

Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)

....been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......ions Judge as contemplated under section 9(2) of the Code of Criminal Procedure. 7. Mr. Khondker, the learned Advocate appearing for the petitioners submits that the learned Sessions Judge has no power or jurisdiction to limit the number of lawyers to be engaged by the accused persons. The learn......e. Lawyers Involved: Khandker Mahbub Hossain with Golam Kibria, Md. Afzal Hossain, Md. Harun‑or‑Rashid and Khurshida Bilkis Banu, Advocates - For the Petitioner. AFM Hasan Arif, Deputy Attorney‑General, with Amirul Kabir Chowdhury, Deputy Attorney‑General, Syed Abu Kowser, Assistant......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ..

Category: Criminal Law | Date: | Hits: 121

M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)

....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......IX, rule 13 of the Code of Civil Procedure. 7 In the case of M/s. M.M. Ispahani Ltd. Vs. Chairman, 2nd Labour Court, Chittagong and others, 19 DLR 612, it was held that a Labour Court can exercise powers under Order IX of the Code of Civil Procedure. A con­trary decision was given by another Div.........................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20, 1986. Result: The Rule is made absolute. Cases Referred to- Vinayak Shreedhar Kulkarni Vs. Chintaman Vaman Kulkarni AIR 1938 (Bombay) 470; Muhammad Swale......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ..

Category: Procedural Law | Date: | Hits: 180

Bisheswar Dutta Vs. Sree Gopal Chandra Dey being dead his heirs No.1 (a) Harendra Chandra Dey & others, 1986, 15 CLC (HCD)

....gards demolition of the structures raised by the defendants. The Rule is accordingly disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 8.......uit the real intendment behind this provision seems to be to provide a quick remedy by way of resti­tution of possession only. Under section 9 of the Specific Relief Act, the Court has therefore, no power to pass a decree for removal or demolition of structures. 7. The view which I have taken fi...... heirs No.1 (a) Harendra Chandra Dey & others ………………………………Opposite Parties Judgment September 3, 1986. Result: The petitions are disposed of. Cases Referred to- Ananta Kumar Sarkar and another Vs. Meghu Kurmi & others, 61 CWN 347; Sana Mia and anothe......gards demolition of the structures raised by the defendants. The Rule is accordingly disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 8...

Category: Property Law | Date: | Hits: 119

Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)

....howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6.......ng the facts and circumstances of the case in the light of the principles of law indicated above, I am unable to hold that the explanation does not constitute a suffi­cient case. 9. Moreover, the power that is conferred on the Court before which an application for setting aside abatement is made......................Petitioner Vs. Rup Gazi & others......................................Opposite-Parties Judgment August 25, 1986. Result: The Rule is discharged. Case Referred to- Union of India Vs. Ram Charan, A.I.R. 1964 (S.C.) 215. Lawyers Involved: Md. Abdus Sobh......howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6...

Category: Civil Law | Date: | Hits: 121

Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and another, 1986, 15 CLC (HCD)

....eptance of any filing. In the result, the Rule is made absolute but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 1.......nths should be counted in the pres­ent case from 15.04.1984 and not from 05.07.1983, as contended by the Registrar. 9. Dr. M. Zahir however has raised a fund­amental objection with regard to the power and authority of the Registrar of Joint Stock Companies to withhold acceptance of an annual re......(Special Original Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rah­man J Bangladesh Chemical Industries Corporation and another...............Petitioner Vs. Registrar, Joint Stock Companies and another...............................Respondent Judgment July 8, 1986. ......eptance of any filing. In the result, the Rule is made absolute but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 1...

Category: Company Law | Date: | Hits: 306

Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)

....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......210/- The impugned order dated 1.12.1992 was passed on the strength of amended Regulation No.11 which came in to force on February 5, 1995. The SRO by which amendment was made was made in exercise of power conferred upon the Board of Directors Of the Biman under section 30 of the Bangladesh Biman Co..........petitioner Vs. Bangladesh Biman Corporation and another...……………….Respondents Judgment July 19 & 20, 1995. Result: The Rule is made absolute. Cases Referred to- Secretary of the Air Craft Engineers of Bangladesh and another Vs. Registrar of Trade unions ......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132...

Category: Employment/Service Law | Date: | Hits: 361