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Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
..... It is the further case of the plaintiff that it was agreed upon that Taka 15,000.00 would be the prompt dower and the rest would be deferred dower. There was no kabinnama of the marriage due to the financial difficulty of the defendant. After the marriage the plaintiff went to live in the house of......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ...... Momtaz Begum…………….......Opposite Party Judgment June 16, 1999. Result: The Rule is made absolute. Lawyers Involved: MA Wahab Miah, Advocate — For the Petitioner. Goutom Kumar Roy, Advocate — For the Opposite Party. Civil Revision No.1984 of 1996. Judgment ......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......urts order for service of copy of the said affidavit upon the BRTC; that during the pendency of the matter the Bangladesh Shilpa Rin Sangstha briefly BSRS appeared in the matter on 8.3.89 by filing a power as one of the creditors of the said Company and the Rupali Bank Ltd. also filed a power on 14.......s. Ashraf Jute Mills Ltd………………………………….Respondent (Company Appeal No.13 of 1991) Judgment July 8, 1992. Result: Both the appeals are allowed. Cases Referred to- Food Controller Vs. Cork, 1923 AC 647; Kennedy 1896(1) Ch. Division 762; 1897 AC 80; 1895 to ...... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452...Category: Company Law | Date: | Hits: 317
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......proceeding but that hereby was scotched." Wade in his Administrative Law (1977) P.429 states: "The principles of natural justice are applicable to almost the whole range of administrative powers." In Breen Vs. Amalgamated Engineering Union (1971)1 AER 1148 Lord Denning observed: ...... Vs. Executive Engineer, City PWD Division Dhaka and others………………Respondents Judgment March 19, 1992. Result: The Rule is made absolute. Cases Referred to- Mozahar Sowdagor Vs. M. Zahirul Alam, General Manager, Bangladesh Shipping Corporation &am......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420...Category: Property Law | Date: | Hits: 133
.... is discharged withÂout any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538....... (section 5) to hear and determine appeals "from any order or decision" of an Administrative Tribunal (section 6). For the purÂposes of hearing an application or appeal, a Tribunal was given all the powers of civil Court, while trying a suit under the Code of Civil Procedure, in respect of some spe......er
Vs.
Bangladesh through the SecreÂtary, Ministry of Agriculture and others...............Respondents
Judgment
June 12, 1989.
Result:
The Rule is discharged withÂout any order as to costs.
Lawyers Involved:
Khondker Mahbubuddin Ahmed with Fida M. Kamal, Advocates - For the...... is discharged withÂout any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538...
Category: Administrative Law | Date: | Hits: 445
....a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
...... Moreover, he submits that the murder beÂing caused in the year 1986 that cannot be a ground for detaining the detenu for the purpose of prevention of commission of a prejudicial act nor the Special powers Act provides for such a detention. He strongÂly argued that when the specific case against t......er
Vs.
Government of the Peoples Republic of Bangladesh & another....................Respondents
Judgment
November 30, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
AIR 1974 (SuÂpreme Court) 116; 40 DLR (AD) 178; 40 DLR 193; AIR 1974 (SC) 1161; 40 DLR 193(......a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
..
Category: Criminal Law | Date: | Hits: 100
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ...... for the time being in force." 17. Section 107 (1) of the Code of Civil ProÂcedure lays down:- “Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power:- (a) to determine a case finally; (b) to remand a case; (c) to frame issues and refe..........Appellant Vs. Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and anÂother Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra C....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..Category: Property Law | Date: | Hits: 115
....t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
...... mandatory. Before the Deputy Commissioner acquires the jurisdiction to publish a notice under Section 3 an agreement with the non-Government requiring body is a sine qua non for the exercise of such power. It is a condition precedent. It cannot be whittled down by any device. It cannot be even acce......rs................Respondents
Judgment
March 7, 1989.
Result:
The Rule is made absolute.
Lawyers Involved:
Abdur Rashid, Advocate - For the Petitioner.
Fakhrul Islam, Assistant Attorney General with G.A. Mannan, Assistant Attorney General, Advocates - For Respondent No.2.
Fid......t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
..
Category: Property Law | Date: | Hits: 116
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
...... in session within a few days. Moreover, no circumstances exÂisted at the relevant time which rendered immediate action necessary so as to promulgate the said amendÂing Ordinance in exercise of the powers vested in the President under Article 93 of the Constitution. It is also stated that the Unio......
Vs.
Government of the PeoÂple's Republic of BanglaÂdesh & others...............Respondents
Judgment
February 17, 1990.
Result:
The Rule was made reÂturnable.
Cases Referred to-
AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the DisÂtrict Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......e office of the District Judge, the Additional Judge or SubordiÂnate Judge, as the case may be, may, subject to any rules which the (High Court Division) may make in this behalf, exercise any of the powers of the District Judge." 9. From a reading of sections 3 and 10 of the Act there is no doub......................................Petitioner Vs. Abidur Rahman...........................Opposite Party Judgment February 11, 1990. Result: The rule is discharged. Cases Referred to- Indian General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja Doo, Raja of Khalikote, AIR....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the DisÂtrict Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...Category: Procedural Law | Date: | Hits: 168
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....he pay scale is a service right rather that to be considered as fundamental right because such a right comes within the ambit of the terms and, conditions of the recruitment policy and the Government financial policy adopted in the service under the Republic. He, therefore, pays to discharge the rul......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......¦â€¦â€¦â€¦â€¦.Petitioners Vs. Bangladesh Government & others…………………………Respondents Judgment April 12, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Vs. Shamsul Haque, 12 MLR (AD) 25 = 59 DLR (AD) 54; Sazedur Rahman Vs. Secretary M......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458...Category: Administrative Law | Date: | Hits: 421
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......Begum. Zitu Beg had no issue and he sold some of his land to one Md. Shahidul Islam. As he became older and older and ill, he appointed the plaintiff as his attorney by registered deed of irrevocable power of attorney dated 17-9-1990 for his property and delivered possession thereof. The plaintiff t......ue J Golam Beg…………………….Petitioner Vs. Hajera Begum…………………Opposite Party Judgment July 5, 2010. Result: The Rule is made absolute. Cases Referred to- Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151. Lawyers Involved: No one appears - For the ...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ..Category: Property Law | Date: | Hits: 103
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......f respondent No.3, submits as under: (1) Though Money Laundering Prevention Act, 2009 was not incorporated in the schedule to Anti-Corruption Commission Act, 2004, the Act of 2009 itself has given power to, the Anti-Corruption Commission to investigate the case. (2) Money Laundering Prevention......n......……………Petitioner Vs. Government of Bangladesh and others………………..Respondents Judgment September 9, 2010. Result: The Rule is discharged. Cases Referred to- Marks Vs. United States, 430 US 188 (1977); Beazell Vs. Ohio, 269 US 167 (1925); State Vs. Mi......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..Category: Criminal Law | Date: | Hits: 112
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......Bireshwar Mondal (defendant No.1) who had been in exclusive possession in his portion of the suit plot No.78. He appointed Md. Shahidullah (defendant No.2) as his constituted attorney by a registered power of attorney dated 04.05.1999 to protect, preserve, sell or otherwise dispose of the suit land ...........Respondents Judgment July 30, 2012. Result: This petition is dismissed. Suit for specific performance of contract In a suit for specific performance of contract, the question to be decided whether there had been a valid contract between the parties and whether consideration ......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..Category: Civil Law | Date: | Hits: 186
....of the defendant No.1. Bank from the post of Executive Vice President is illegal, void and not binding upon the plaintiff and to reinstate the plaintiff in the service with all his arrear service and financial benefits.
3. The case of the plaintiff-appellant in brief are that:
The plaintiff jo......f the Bank on 23-2-1992. The Bank on 27-11-1993 leveled a charge sheet against the appellant bringing allegation of gross misconduct for allowing clean overdrafts in current accounts in excess of his power and for allowing clean drawings in different SOD accounts exceeding the face value of the secu......pellant
Vs.
International Finance Investment and Commerce Bank Ltd. and others……………Respondents
Judgment
January 17, 2010
Result:
The appeal is dismissed.
Cases Referred to-
IFIC Bank Vs. Abdul Quayum, 4 BLC (AD) 255; Ismat Zerin Khan Vs. World Bank, 11 MLR (AD) 58 =......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....meanÂtime, the petitioner is ready to pay the said amount of Taka 20,000 with interest in favour of the Bank. 6. The Bank filed an affidavit-in-reply that on prayer of the Company, the Bank, as a financial institution allowed term loan, cash credit (hypo), cash credit (pledge), L/C limit in favo......to operation, the said suit was renumbered as Artha Rin Suit No.371 of 2003 before the Artha Rin Adalat No.4, Dhaka (the Adalat, in short). The petitioner had executed a deed of mortgage as well as a power of attorney in favour of the Bank as security of loan of Taka 20,000 only. In the deed of mort......€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Judge, Artha Rin Adalat and others………………………Respondents Judgment January 9, 2011. Result: The rule is discharged. Cases Referred to- Zahirul Islam Vs. National Bank Ltd, 46 DLR (AD) 191; Gazi M Towfiq Vs. Agrani Bank, 54 DLR (......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ..Category: Civil Law | Date: | Hits: 269
....confidential report to the Headquarter of the 15 Bangladesh Rifles staling that the Riflemen of the said outpost used to assist the smugglers in smuggling in and out of the country and thereby caused financial loss to the country and as such he recommended for discharge of all the RiÂflemen of the ...... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459.......
Result:
The Rule in all the Writ petitions are made absolute.
Lawyers Involved:
Abu Sayeed Ahmed, Advocate - For the PetiÂtioners (In all the Writ Petitions).
A.F. Hasan Ariff, Deputy Attorney General - For the ResponÂdents (In all the Writ Petitions).
Writ Petition Nos. 416, 438 a...... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459...
Category: Others | Date: | Hits: 167
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ng accused Anwar Ali:- "You at any time between 1.6.81 and 9.9.81 at B.S.C.I.C. Industrial Estate, Pabna within P.S. and District Pabna with the dishonest intention to prejuÂdice the economic or financial interest of the State, removed by taking out of the possession and disÂposed of the machi...... schedule were mortgaged. The Managing Director of the said M/S Decent Oil Mills Ltd. executed the credit agreement, D.P. notes agreements creating mortgage and hypothecation, irÂrecoverable general power of attorney in favour of the bank, mortgaging assets and machineries of the company in lieu of......d in absentia and convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul Huq, Special Tribunal, Pabna on 7.2.87 in Special Tribunal case No.27/85 and sentenced to suffer R.I. for 3 years and to pay a fine of Tk. 7,00,000/-, in default, to suffer R.I. for 1 yea......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..Category: Criminal Law | Date: | Hits: 108
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......m the ofÂfice of Chairman of the Mithapukur Upazila PariÂshad. It is stated in the petition that the impugned order has been issued on some uncertain, vague, and indefinite allegations of misuse of power and violaÂtion of the statutory provision by the Chairman. It is also stated that no proceedi....................Petitioner Vs. The People's Republic of Bangladesh............Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. SecreÂtary, Ministry of Local Govt. and Rural DevelopÂmen......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....rthÂwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......y this Court. Dr. Rafiqur Rahman submits that suo motu Rule as issued is illegal and without jurisdiction as in the face of the acquittal order the same cannot be issued in exercise of the revisional powers of this Court unÂder section 439 of the Code of Criminal Procedure. He further submits that ......site Party Judgment July 10, 1989. Result: The suo motu Rule is discharged. Lawyers Involved: Dr. Rafiqur Rahman, Advocate— For the PetiÂtioner. Md. Moazzem Hussain, Deputy Attorney General— For the State. Criminal Miscellaneous Case No.155 of 1987. Judgment Latif......rthÂwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ..Category: Criminal Law | Date: | Hits: 101
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....ome Affairs was served upon the detenu purporting to detain him for three months unÂder section 3(1) (a) of the Special Powers Act, 1974 in order to prevent him from acting against the ecoÂnomic or financial interest of the State. On 28.8.88 the detenu was served with grounds of detention which ar......etenÂtion by Memo No.6391-Sha-Ma (Nira 1) dated 8.7.89 in which it has been stated that in continuation of the Ministry of Home Affairs's Memo No.2430-Sha-Ma(Nira 1) dated 11.3.89 and in exercise of powers under section 3(3) of the Special Powers Act, 1974 the detenu has been detained with effect f......ted by the Secy., Ministry of Home Affairs and ors………………………………………….Respondents Judgment July 9, 1989. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. Government of Bangladesh and others, 31 DLR (AD) 1; Mrs. Sajeda Parvin ......judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
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