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Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
.... land is controlled and regulated by section 96 of The Act and Act is a product of Special Statute. Sub‑section 12 of section 96 of the Act contemplates a first appeal to Civil Appellate Court from any order of Court of First instance under section 96 of The Act and appeal is limited to order/judg......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......ivil Revision Petition hinges on answer to the following question which is, whether appeal under Order XLIII rule 1(c) of the Code of Civil Procedure (for short The Code) against an order passed in a proceeding laid under Order IX, rule 9 of the Code springing out of Pre‑emption case presented und..Category: Procedural Law | Date: | Hits: 104
.... the price (lowest) quoted by the petitioner for acceptance by the Government vide Annexure H dated 11‑23‑2000.
2. The case of the petitioner, in brief, is that it is a private limited company, incorporated under the Companies Act, 1913. It was registered on 6‑6Â-1973. The said Compan......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.
......rwarded to the Government for consideration to take the final decision and that after about 2½ years suddenly an adverse report procured under duress from the Chief Engineer had set at naught the proceeding of the 26th meeting of the purchase committee and a fresh recommendation was sent in fav..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....02 & 192. Lawyers Involved: Rukunuddin Mahmood with Murad Reza Advocates ‑ For the Petitioners. Rafiqur Rahman with Serajur Rahman, Advocates ‑For the Respondents. Company Matter No. 47 of 1990. Judgment Md. Mozammel Hoque J.- This is an application under ......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. ......iews or taking any part in the deliberation of the meeting. Respondent No.2 totally ignored the presence and protests of the petitioners and refused to record the objections of the petitioners in the proceedings of the meeting. In the above circumstances the petitioners finding themselves in a helpl..Category: Company Law | Date: | Hits: 225
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....resented by the Establishment Division in an official Memo dated 27-5-93 inquired of the Ministry of Commerce, Respondent No.5, that in view of the recent recruitment in their cadre, whether they had any surplus officers and if so whether any assistance was needed for arranging for those officers to...... create illegal obstruction to the formal absorption of the petitioner along with other six officers the respondent No.2 held an internal meeting on 5-2-96 and took decision to the effect that at one stage there was shortage of officers in the Customs and Excise Cadre and therefore the 7 officers we......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
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....case, but his case was not finalised as the case records were allegedly misplaced. 3. A query was made by the Metropolitan Chamber of Commerce as to whether buying of shares in an incorporated company will qualify for exemption of gain tax within the meanÂing of section 32(8) of the Income Tax O......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......ly following a circular issued by the National Board of Revenue the Deputy Commissioner of Taxes acted without application of his own mind. Upto the date of impugned assessment upto 28.04.1985 he was proceeding on the assumpÂtion that the petitioner will enjoy the beneÂfits of section 32 (8), but ..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
.... Das, AIR 1951 Calcutta (FB) 69; Velji Raghavji Paten Vs. The State of Maharashtra, AIR 1965 (SC) 1433; N. Mahmud Vs. M. Ahmed 36 DLR (AD) 14; Cox Vs. Hickman (1860) 85 LG 268; Mollwo March & Company Vs. The Court of Wards (1872) L.R.4. PC 419; Piddocke Vs. Bunt (1894) I Ch.343. Lawyers Invol......n of accepting Taka twenty lacs from the complainant underÂtaking to supply 20/22 N.O.Cs., visas, perÂmits etc. to the complainant, we have to acÂcept that statement as prima facie correct at this stage. Therefore, in the facts of the present case when according to the complaiÂnant the accused d...... of accused Musa Bin Shamsher under section 561A Cr.P.C. was issued calling upon the Deputy Commissioner, Chittagong and the complaÂinant opposite party No.1 Ansarul Huq Ansari to show cause why the proceedings in G.R. Case No. 50/85 pending in the Court of the Chief Metropolitan Magistrate, ChitÂ..Category: Criminal Law | Date: | Hits: 362
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
.... Cases Referred to- Hazrat Ali Vs. Election Commission, 41 DLR 486; Darbari Lal Mudi Vs. Raneeganj Coal Association Ltd., AIR (31) 1944 (Patna) 30; Waverly Jute Mills Co. Ltd. Vs. Raymon and Company India (Pvt.) Ltd., AIR 1963 (SC) 90 = 1963 (3) SCR 209; Khardah Company Limited Vs. Raymon and C......iven a statutory relief in section 43. Then he submits that although the general principle of law is that the question as to jurisdiction or objection to jurisdicÂtion is to be taken at the earliest stage, even then any party having not taken such objection earlier, can take such objection as a gro...... it is clear that they have not only waived their right to raise such question, under secÂtion 6 but also are estoppel from doing so at a belatÂed stage like after the completion of the arbitration proceedings and passing of the award. Relying on the well settled principle that 'a person cannot ta..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman ChowÂdhury and others, 1992, 21 CLC (HCD)
....: "108. The Supreme Court shall be a court of record and shall have all the powers of such a court including the power subject to law to make an order for the investigation of or punishment for any contempt of itself." The High Court Division of the Supreme Court as a court of record has......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.......power subject to law to make an order for the investigation of or punishment for any contempt of itself." The High Court Division of the Supreme Court as a court of record has the power to take proceeding for contempt of courts even before passing of the Contempt of Court Act, 1926. Under Arti..Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....national Airport and was taken to the Cantonment Police Station and then his passport, a1r ticket and other papers and valuables were seized. Following day he was moved to Dhaka Central Jail without any warrant of arrest and an order of detention was served on him on 25.3.92 detaining him for a per...... differently. That is why it has been said in regard to a judge of the English Court of Equity that the canÂons of a Equity Judge of England varies with the measurement of his feet. 17. At one stage after heating was concluded a supplementary affidavit was sworn and filed on beÂhalf of the p......The Rule is, accordingly, made absolute. Let an advance order be sent to the SuperintenÂdent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
.... Hajee Abdul Latif ...........Petitioner Vs. Abdul Huq & others .........Opposite Parties Judgment March 13, 1991. Result: The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. AshÂraf Ali and others, 30 ......nd made over possession of the suit land to this deÂfendant and realised rent from him till the acquisition of the rent receiving interest by the Government The defendant got his name recorded in an stages of SA and RS operation, mutated his name in the GovernÂment Sherista and has been regularly ......ial Court wider section 10 of the CPC till disposal of the first suit i.e. Title Suit No.210 of 1981. Title Suit No.210 of 1981 having been dismissed for default on 9.9.84, the Court was justified in proceeding with the later suit No.188 of 1982. The petitioner filed application under Order 7 rule 1..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....eed executed and registered by Roushan Ali in favour of defendant No.7 Azibar was not acted upon and the leaned trial court further held that the defendanes kabala Ext. A also did not operate to pass any right, title, interest in favour of the transferees and that plaintiff continued to remain in po......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......his own interest. Further, it appears that the Ext. 2 was registered in the year 1947. But no dekhalia was produced showing payment of rent from that time onwards. Further it appears that no mutation proceedings was initiated by defendant No.7 to have the land of Ext. 2 recorded in his name. These a..Category: Property Law | Date: | Hits: 122
Liton Vs. State and others, 1995, 24 CLC (HCD)
.... 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 application or suo motu “to prevent abuse of the process of any C...... 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. ......r this section only those applications which are not contemplated by the Code of Criminal Procedure. 3. In view of this legal position the High Courts of our sub‑continent used to quash criminal proceedings Pending in the subordinate Courts where a person is being harassed by an illegal prosecu..Category: Procedural Law | Date: | Hits: 140
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....lim, Advocate and President of Joypurhat District Bar Association guilty of the charge of gross professional and other misconduct and he has been debarred from practicing the profession of law before any Court, Tribunal or authority in Bangladesh for a period of three years. In the said Judgment the......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. ......on book before it and on the same day the resolution book was filed before the Bar Council Tribunal and it was kept in the record. On 30.3.94 this resolution book was marked as Ext.12. 7. When the proceeding of the caw was going on, the learned Advocate for the complainant made allegation to the ..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....g such an order. We have gone through the provisions of section 352 of the Code of Criminal Procedure. It appears to us that this is not at all attracted in the present case. This section does not in any way empower the Sessions Judge to limit the number of appointments of lawyer by the accused. Thi...... submission of the prosecution must be heard before, framing charge. The learned Deputy Attorney‑General, on the other hand, submits that certified copies of those documents cannot be given at this stage in view of the fact that those have not yet been proved and marked as exhibits. These papers a......to consult and be defended by a legal practitioner of the choice. Section 304(1) of the Code of Criminal procedure provides that any person accused of an offence before a Criminal Court, against whom proceedings are instituted under this Code in any such Court, may of right be defended by a pleader...Category: Criminal Law | Date: | Hits: 121
KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)
....issued by the Director General Shipping is not a proper order as the same was not issued by the Secretary of the Government. We find no force in this contention as the learned Advocate failed to show any thing in support of the same. It further appears from the said memo dated 28.11.88 that the deci......ings of the Marine Court. In the result, the Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ......tioners. Abdus Salam Mamun, Advocate ‑ For the State. Criminal Revision No.2 of 1989. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioners is for quashing proceedings of MAC No.11 of 1986 pending in the Marine Court, Dhaka. 2. Heard the learned Advocat..Category: Criminal Law | Date: | Hits: 88
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....the judgment and order dated 08.07.1985 (Annexure D) passed by the respondent No.2, Chairman, Third Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts necesÂsary for......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. ......rule 6 the defendant is to be proceeded against ex-parte only when the summons has been duly served............Order IX, rule 6 and Order XVII, rule 2 being the only provisions authoÂrizing ex-parte proceedings against a defenÂdant it is clear that ex-parte proceedings can be ordered only in respe..Category: Procedural Law | Date: | Hits: 180
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....corresponding amendment of Rules 3 and 4 of the Rules of 1988, The answer can easily be obtained on interpretation of the different provisions of these laws and to remove inconsistency appearing from any of, them the Court is called upon to do so in protecting the right of the citizen accrued under ......o.1, it a condition of her service. It further states that as the petitioner never complained of the amendment of Regulation No.1 curtailing her age limit she cannot agitate the same now at a belated stage in Writ Petition and she is bound by the contract she signed. it further states that the petit......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
....tation to the Director General of Intermediate & Secondary Education, the Chairman of the Appeal and Arbitration Committee and the Divisional Commissioner, Khulna Division. But he did not receive any reply to his representation. He then served a demand of justice notice on the respondents throug...... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121....... are admitted.
8. It is admitted that the petitioner was appointed as a teacher of Kapilmuni College and was holding the post of Assistant Professor in the said college. It is also admitted that a proceeding was drawn up against him on the charge of being absent from his duties of the college and..
Category: Employment/Service Law | Date: | Hits: 226
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....in Ahmed, with Khondker AM Mohsenuddin, Advocates ‑ For the Petitioners. M A Wahab Miah with Md. Mucktadir Rahman, Advocates ‑ For the Respondent Nos. 1 ‑3. M Amir‑ul‑Islam, with Ms. Tanya Amir and MS Shirin Sharmin Chowdhury, Advocate ‑ For the Respondent Nos. 4‑10. Writ Peti......espondent Nos.4‑10 keeping in view their date of joining in the grade of Assistant Engineer as such the provisional seniority list circulated on 19.5.86 need be given by this Court at the aforesaid stage of the matter. But in view of the decision taken in the Board meeting of the authority held on......ing the matter of fixation of seniority of the petitioners as Assistant Engineers as per provision of Regulations of 1969 of the Authority and the decision so taken was recorded in paragraph 8 of the proceedings of Agenda No.3 and the Authority, circulated the decision so taken in the Board meeting..Category: Employment/Service Law | Date: | Hits: 191
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....ration‑ a) A declaration that the order passed by Defendant No.2 in EC No.15638 Law communicated under his Memo. No.780 Law dated 7.12.78 is illegal, void and without jurisdiction and has not in any way affected the authority of the Dargah Committee consisting of the plaintiffs as current membe......ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......tion 102 of the Waqf Ordinance which runs as follows: "Except as otherwise expressly provided in this Ordinance, no decision or order of the Administrator shall be questioned in any suit or other proceeding in any Court." 24. Mr. Chowdhury by referring to section 102 of the Waqf Ordinance has..Category: Trust/Waqf Law | Date: | Hits: 181
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