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....on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......law bearing on the subject and rightly dismissed the appeal on proper findings on the basis of the evidence on record and the same do not call for any interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure.
7. I have gone through the judgments o......site Parties
Judgment
November 5, 1997.
Result:
The Rule is discharged.
The State Acquisition and Tenancy Act, 1950 (Act No. XXVII of 1951); section 96
The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-emptee had bee......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
..
Category: Property Law | Date: | Hits: 78
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ...... wife. In case of a decree against a husband the Court can execute on discretion by passing an order of periodical payments but the unwilling husband can divorce his wife by pronouncing his arbitrary power of divorce. Thus the suits for restitution of conjugal rights is always instituted to compel t...... dismissing Title Suit No.390 of 1984 for restitution of conjugal right. 2. The opposite party as plaintiff instituted Title Suit No.228 of 1981 in the 2nd Court o Munsif, Chandpur and on transfer to the Court of Munsif, Matlab was renumbered as Title Suit No.390 of 1984 against the defendant-pet......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ..Category: Family Law | Date: | Hits: 185
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......iverse provisions excepting sections 50 and Section 102 of the Ordinance. Before adverting to these two sections, a brief reference to Sections 32, 34 and 35 is necessary. Section 32 deals with the power of the Administrator to remove a Mutwalli in certain cases and Mutwalli's liability for breach......ion. All that need be stated is that in the Court of Munsif, the plaintiff has divided the suit properties under two schedules land has claimed ownership and possession over both of them. With regard to the first he has sought a declaration of his title but with regard to the 2nd schedule he has pra......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249...Category: Trust/Waqf Law | Date: | Hits: 136
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
.... the dates of the respective transfers.” In Commissioner of Income Tax Vs. Birla Gwalior (P) Limited (1973) 89 I.T.R. 266 the commission was given up by the assessee company after the end of the financial year but before the accountings of the managed companies were made up. On the basis of the......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242....... M/S. Jamiluddin Corporation Ltd., Bogra………………………..Respondents (In all the appeals) Judgment February 20, 1979. Result: The appeals are dismissed. Cases Referred to- Commissioner of Income Tax Vs. Jai Frakash Omprakash Co. Ltd, 1964 P.T.D 586 = 52 I.T.R. 23 (......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242...Category: Fiscal/Taxation Law | Date: | Hits: 124
....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
......ment and the University Grants Commission which enjoy the exclusive domain to give approval for the establishment of the Private University at any place in Bangladesh and whether in exercise of their power under the provisions of the Ain, 2010, they can accord permission for establishing independent......r the Petitioners.
Mahmudul Islam, Senior Advocate instructed by Md. Zainul Abedin, Advocate-on-Record- For Respondent No.1.
None represented-For Respondent No.2-3.
Civil Petition for Leave to Appeal No.1923 of 2011.
(From the judgment and order dated the 10th day of May, 2011 passed by......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
..
Category: Others | Date: | Hits: 197
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......ly distinct from that of its members, and the property of the Company is distinct from that of its members whose only properties are their shareholdings. 5. The company, therefore, has all the powers of a legal personality and can, among others employ or dismiss its employees and servants. Th......……………..Appellant Vs. Quamrul Huda & others……………………………..Respondents Judgment January 16, 1979. Result: The appeal is allowed. Cases Referred to- Bangladesh Small Industries Corporation Vs. Mahbub Hossain, (1977) 29 DLR (SC) 41; Punjab Ali......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......on has correctly reflected the consensus opinion that has been expressed by the Courts in the subcontinent as to the scope and nature of this provision under section 288 Cr.P.C. It is an enabling power which has been conferred upon the Presiding Judge for bringing on record the evidence of witne......amp; others………………………Appellants Vs. The State………………………….Respondent Judgment August 9, 1978. Result: The appeal is dismissed. Cases Referred to- Alim Vs. State, (1977) 29 DLR (SC), 268; Md. Ahmed Vs. State, (1970) 22 DLR (SC) 120; P.L.D. ......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..Category: Criminal Law | Date: | Hits: 107
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
.... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ......rriage. The High Court Division rightly came to the conclusion that in order to invest a Chairman of the Union Parishad with the function under the Muslim Family Laws Ordinance, express conferment of power was a pre-requisite. Merely the changing of definition from time to time without conferment of...... Magistrate and the learned Magistrate on consideration of the evidence found the respondent guilty under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961 and convicted him and sentenced him to suffer rigorous imprisonment for 5 months and to pay a fine of Tk. 200/- in default to suffer rig...... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ..Category: Family Law | Date: | Hits: 166
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ...... section 439A of the Code of Criminal Procedure and therefore, discharged the rule. 4. Being aggrieved by this order, the appellants moved this Court and obtained leave to consider whether the power conferred upon the Sessions Judge by the newly inserted section 439A being the same as that co......………………………Appellants Vs. Nurul Islam Chowdhury and others…………… Respondents Judgment December 14, 1982. Result: The appeal is dismissed. Case Referred to- Chand Agarwalla Vs. Shawi Base and another, AIR 1973 SC 799. Lawyers Involved: Aminul H......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......ike to quote the provision of section 561A of the Code of Criminal Procedure to examine its scope which runs as follows: "561A. Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court Division to make such orders as may be necessary to give effect to any order......nsis P Rojario alias Babu.................Accused-Petitioners Vs. State...............Opposite Party Judgment December 15, 2009. Result: The Rule is made absolute. Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Nasiruddin Mahmud Vs. Momtazuddin Ahmed, 36......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355...Category: Criminal Law | Date: | Hits: 86
.... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
......ioners is as follows:
i. “Turn Table Ladder (TTL), (total-6), Height 170 feet, Moving.
ii. Shorkel, (total-6), Moving Ladder, Height 88 feet.
iii. Break Down Van, (total-20) High hydraulic power.
iv. Emergency Tender (ET and Lighting Unit), (total-8)
v. Chemical Tender, (total-6), F.......
Government of Bangladesh and others.........................................Respondents
Judgment
July 29, 2009.
Result:
The Rule is made absolute and the respondents are directed to act as per the direction made in the body of the judgment.
Lawyers Involved:
Manzil Murs...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....wrote a letter to the Managing Director of Uttara Bank Ltd on 16-9-1990, in which admitted the agreement for sale dated 19-3-1990 and also admitted possession of the plaintiffs. Defendant No.1 due to financial problem, failed to pay installments to RAJUK, as such, some dispute arose between RAJUK an...... that there is no contract for selling of the suit property. 5. At the trial plaintiffs examined 4 witnesses and defendant examined no witness. 6. Plaintiff exhibited a number of documents i.e. power of attorney dated 26-1-2002, as exhibit 1 allotment letter dated 30-7-85 in favour of defendan......strict Judge, Arbitration Adalat, Dhaka dismissing Title Suit No.102 of 2004 for Specific Performance of Contract. 2. Appellants who are plaintiffs, stated in the plaint, that RAJUK plot No.12, Factory Road, Shyarnpur Kadamtali Industrial Area, allotted in defendant No.1, a private limited compan......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66...Category: Property Law | Date: | Hits: 78
....udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......rned may, after giving the claimants an opportunity of being heard, make such enquiries and examine such documents and records as he may deem necessary. The officer holding the enquiry shall have the power to summon and enforce the attendance of witnesses and compel the production of documents by th..............Petitioners
Vs.
Joint District Judge and Artha Rin Adalat & another...............Respondents
Judgment
May 22, 2004.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh represented by the Secretary, Ministry of Public Works and Urban Development Vs. M......udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
..
Category: Property Law | Date: | Hits: 173
Hanif Shaikh (Md) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ving moral turpitude or under President's Order 8/72; or (c) that if the printer or publisher has been found to be a lunatic or of unsound mind by a Court of law and (d) if a publisher ceased to have financial resource required for regularly publishing the newspaper, but in the instant case neither ......nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ......y 26, 2004. Result: The Rule is made absolute. Lawyers Involved: MI Forooqui with Ruhul Quddus and Abdul Mannan kha, Advocates ‑ For the Petitioner. Abdul Kader Talukder, Assistant Attorney General with Nahid Mahtab, Assistant Attorney General ‑ For Respondent No. 2. Writ Petit......nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ..Category: Information Technology Law | Date: | Hits: 282
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......further provided in this section that the decision of the District Judge in such matter shall be final. The question now arises is whether the Additional District Judges are entitled to exercise this power or not. Section 8 of the East Bengal Civil Court's Act (Act XII of 1887) provides: (1) When...... Abdullah Harun.................Petitioner Vs. Additional District Judge and others.............Respondents Judgment June 21, 2001. Result: The Rule is discharged. Cases Referred to- AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola and others, 38 DLR (......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ..Category: Trust/Waqf Law | Date: | Hits: 153
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......ar as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub‑section(1)." 12. From a plain reading of the above provision the extraordinary power to further investigate conferred by the Code upon police officer in a case lies to obtain "fur................Respondent Judgment July 10, 2004. Result: The appeal is allowed. Lawyers Involved: Golam Abbas Chowdhury ‑ For the Accused Appellant. Md. Rabiul Karim, Assistant Attorney General ‑ For the Opposite Party. Criminal Appeal No. 1195 of 2004. Judgment Khade......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...Category: Criminal Law | Date: | Hits: 64
....excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
...... exercises function mainly managerial or administrative in nature will fall into the category of employer. Respondent does not exercise any functions managerial or administrative in nature. He got no power to control or to supervise the work of any other person. Nature of his work does not bring him......rs.............Petitioners
Vs.
Chairman, Labour Court, Rajshahi and another...................Respondents
Judgment
August 15, 2004.
Result:
The Rule is discharged.
Cases referred to-
Md Mahmudul Hoque Vs. Md Shamsul Alam, 36 DLR (AD) 179; Senior Manager, Dosta Textile Mills L......excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
..
Category: Labour and Industrial Law | Date: | Hits: 188
Wazir Jahan Begum and another Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621....... lawful authority and therefore, the impugned order has been passed without any basis. On the other hand, Mr. KS Zaman, the learned Advocate appearing for the respondents, submits that in view of the power given in section 27 sub‑section 7(D), the District Judge can transfer the case to the Artha ......dul Matin J Syed Muhammad Dastagir Husain J Wazir Jahan Begum and another…………………Petitioner Vs. Government of Bangladesh and others ............Respondents Judgment October 27, 2003. Result: Rule is made absolute. Case Referred to- Bangladesh House Buildi......a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621...Category: Civil Law | Date: | Hits: 81
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......n 247 CrPC is not intended to serve as a short cut for trial Court to dismiss the case by a snap judgment. Power to dismiss the case is undoubtedly there when the complainant is found absent but that power must be exercised judicially and it must be seen and considered having, regard to the circumst...... J Tofael Ahmed......................Appellant Vs. Chand Mia, State .........................Respondents Judgment April 13, 2002. Result: The Appeal is allowed. Cases Referred to- AIR 1959 Cal 525, AIR 1961 (Allahabad) 352, AIR 1948 (Madras) 450, Ayub Ali Bangali Vs. Mia M......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614...Category: Procedural Law | Date: | Hits: 73
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....made appropriate and significant modifications to the tender documents. 20. He then submits that the procurement process provided for negotiation upon the terms of the contract, specifically, the financial bid, and hence the government had numerous opportunities to rectify its representation had......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......lah M Hasan, Advocate - For the Petitioners (In all the writ Petitioners). Mahmudul Islam with Nahid Mahtab, Advocates - For respondent No.1 (In all writ petitions). SM Moniruzzman, Assistant Attorney-General - For the Respondents. (In all the writ Petitions). Writ Petition Nos. 5737, 5354,......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..Category: Fiscal/Taxation Law | Date: | Hits: 152
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