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....ourt Division
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Qazi Shafiuddin J
Rahela Khatun.....................Petitioner
Vs.
Chairman, Court of SettleÂment, Bangladesh AbandonÂed Buildings, Segunbagicha, Ramna, Dhaka and others.................Respondents
Ju......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......itioner.
Q Akhtar Hossain, Assit. Attorney‑General ‑ For the Respondent No. 2.
Writ Petition No. 398 of 1989.
Judgment
Md. Abdul Jalil J.- This Rule calls in quesÂtion a judgment and order dated 23.2.89 passed by the Court of Settlement in Case No.1043 of 1987.
2. The petitionerâ......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
....at circumstances the learned Single Judge of the High Court Division ought to have exercised his judicial discretion in the matter of granting bail to the appellants. Lawyers Involved: Sajjadul Huq, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructe......ing not been properly exercised in the facts of the present case, we set aside the impugned order and allow the appeal. Consequently, the appeal is allowed. Let the appellants be enlarged on ad interim bail to the satisfaction of the Deputy Commissioner, Comilla till disposal of the Criminal A......he Appellants. B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chakiader, Advocate-on- Record-For the Respondent. Criminal Appeal No.12 of 1989. (From the judgment and order dated 14.12.1988 passed by the High Court Division, Comilla Bench in Criminal Appeal No. 137 o......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....eported in: 43 DLR (1991) 150. ......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......hellip;…………………………...Opposite Party. Judgment February 14, 1991. Result: The Rule is discharged and the stay order granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR (AD) 69, 34 D......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... This Case is also Reported in: 44 DLR (HCD) (1992) 500. ...... stayed for 15 days from today. The Rule is accordingly discharged. CommuniÂcate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......17 of 1990. Judgment ARM Amirul Islam Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Moulvibazar and opposite party No.1 to show cause as to why the Judgment and order dated 2.5.89 passed by the Sessions Judge, Moulvibazar in Miscellaneous Case No.III of 1989 sh...... stayed for 15 days from today. The Rule is accordingly discharged. CommuniÂcate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ...... Arbitrator appointed by the court, an Arbitration proceeding would come into existence and the court would be competent to pass an order under section 41(b) of the Arbitration Act and also pass ad‑interim order under Second Schedule of the Arbitration Act and also under the Code of Civil Procedur......vil Revision No. 168 of 1991. Judgment Anwarul Haque Chowdhury J.-This First Miscellaneous Appeal by the Coal Controller, Directorate of Coal, Govemment of Bangladesh is directed against an order dated 11.8.90 passed by the Subordinate Judge and 1st Commercial Court, Dhaka in Misc. Case No...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....Md. Abdul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Re......nt of Tk. 82,07,438.00 which was refuted by the Company. Thereafter the said Bank filed Miscellaneous Case No. 70 of 1980 under Article 33 of the Shilpa Bank Order, 1972 and obtained an order of ad‑interim attachment of the property, of the Company mortgaged against the loan under Article 33(3) of......or Assistant Secretary, of the said Ministry, Dr. Mahiuddin Khan Alamgir, Managing Director, Bangladesh Shilpa Bank and Mr. M Nurul Haque General Manager, Bangladesh Shilpa Bank to show cause why the order of detention of the petitioner dated 24.2.87 and extended by the order dated 23.5.87 (Annexure......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
.... and 35 of Mouza Daosa, PS Fulbaria District Mymensingh. Their case was, inter alia, that the land belong to 3 different groups of people. Wazid Ali Khan Punni, Ambika Charan and Bankim Charan and Kulada Charan were the original owners of land khatian Nos. 26, 27 and 35 respectively. Predecesor‑in......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....This Case is also Reported in: 43 DLR (AD) (1991) 122. ......se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......‑For the Appellants. SR Pal, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate‑on‑Record‑ For the Respondents. Civil Appeal No.63 of 1990. (From the judgment and order dated 18 June, 1990 passed by the High Court Division, Dhaka in Civil Order No.1156 of 1990). ......se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
....llip;…Respondent Judgment January 15, 1991. Result: The Appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Whether in view of the ad interim bail granted by the lower Appellate Court to move the High Court Division in revision, th......p;…Respondent Judgment January 15, 1991. Result: The Appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Whether in view of the ad interim bail granted by the lower Appellate Court to move the High Court Division in revision, the H......Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No.6 of 1989. (From the judgment and order dated 25.1.1989 passed by the High Court Division, Dhaka in Criminal Revision No.21 of 1989) ...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....ment December 19, 1990. Result: The prayer is allowed. Annual General Meeting, once a year According section 81 of the Companies Act every company shall in each year hold in addition to any other meetings a general meeting as its annual general meeting. But no Annual Genera...... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......cial integrity of the respondent Nos. 2 and 3 and there is deadlock in the management of the company and there is justifiable lack of confidence in the management and it is just and equitable that an order of winding up of the company may be passed. 5. An affidavit‑in‑opposition was sworn o...... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another........................espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ...... B Hossain, Advocate‑on ‑Record ‑ For the Appellant. Sharifuddin Chaklader, Advocate‑on‑Record-For the Respondents. Criminal Appeal No.4 of 1988. (From the judgment and order dated 10th February, 1986 passed by the High Court Division, Rangpur Bench, in Death Reference......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....o Reported in: 43 DLR (AD) (1991) 144. ......condition of termination of employment by notice. The Government could fill the post in this manner if the Government was unable to get a person with proper qualifications and was filling the post as interim measure till it secured a person with proper qualifications, and conceivably in some other s......duction in rank. The post of an IPO is a promotion post. There could not be any promotion to the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there f......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....cimals of suit land by gift of 6 pies share, confirmation of possession or recovery of possession if dispossessed during the pendency of the suit and for permanent injunction. 3. There are some admitted aspects of the case. The suit land, along with other lands, belonged to two brothers Abdul ......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. Ex parte-Respondent Nos.2‑10. Civil Appeal No.42 of 1985 (From the judgment and order dated 15.5.1983 passed by the High Court Division, Comilla Bench, in SA No.471 of 1973). ......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....ent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shambhu Nath Poddar.....................Plaintiff-Appellant Vs. Bangladesh Railway and others....................... ..Defendant-Respondent Judgment November......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......lam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent No. 1. Ex parte - Respondent Nos. 2 & 3. Civil Appeal No. 47 of 1986. (From the judgment and order dated 30th July, 1985 passed by the High Court Division, Dhaka Bench, in Civil Revision No.124......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....in Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ....................................Appellant Vs. Ashraf Ali alias Ashraf & an......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ...... Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 417 In an appeal against acquittal it is quite open to the Court to review the evidence in order to see whether finding on which acquittal has been based is perverse being wanton disregard of......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....ed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Sil..............................Judgment-debtor-Appellant Vs. Manhar Mandal being dead his heirs, Bismapada Mondal and others .... Decree-holder- Respondents Judgment Novembe......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ...... M Nowab Ali, Advocate-on-Record-For the Appellant. Not Represented- Respondent Nos.1(a) to 1(e). Ex parte - Respondent Nos.2-5. Civil Appeal No.68 of 1985. (From the Judgment and order 10th February, 1982 passed by the High Court Division in Civil Revision No.1331 of 1977). ......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mainur Reza Chowdhury J Farida Aziz....................Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Building, ......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......tition No.381 of 1997. Judgment AM Mahmudur Rahman J.- This Rule Nisi has been issued under Article 102 of our Constitution calling upon the respondents to show cause as to why the judgment and order of the Court of Settlement made in case No.230 of 1987 refusing to exclude the building, being......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....nd as such the application for pre‑emption was hit by the rule as to bar of partial pre‑emption. Pre‑emptor first claimed that 'Schedule-III’ land was entirely his own and the Vendor had no title and interest therein, and as such, he was not required to pre‑empt his own land. This ......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......er, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record-For the Respondent No. 1. Ex parte-Respondent No. 2. Civil Appeal No. 23 of 1986. (From the judgment and order dated 1.4.84 passed by the High Court Division, Chittagong Bench, in Civil Revision No. 332 (R......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
....abuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Kazi Mobarak Ali .............................................Appellant Vs. Mohammad Yeasin Mazumder and others................Respondent Judgment August 29, 1990. R...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ......uq, Advocate-on-Record-For the Appellant. Abu Sayed Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-3. Dead. substitution exempted vide order dated 4.3.87 -Respondent No. 14. Ex parte - Respondent Nos.4-13 & 15. Civil Ap...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....pellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Agrani Bank .............................................Appellant Vs. Bangladesh Tyres Ltd and others..............Respondents Judgment August 29, 1990. Result:......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ...... 1990. Result: The appeal is allowed. The Companies Act, 1913- Section 162 Clause (vi), 163 read with section 166 Whether the Appellate Court was wrong in setting aside the order of winding up- The learned Judges in considering the appeal against a winding up order to......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
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