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Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......y with regulation 2 which provides for appointment of three classes of employees- probationer, permanent and temporary. 6. Secondly, appointment of a cleaning contractor amounts to delegation of powers of the Authority to the contractors and, as such, is hit by section 8 of the Civil Aviation A................Petitioners Vs. Chairman, Civil Aviation Authority and another ......................Respondents Judgment June 21, 2003. Result: The Rule is discharged. Cases referred to- Chairman BJMC Vs. Nasir Ahmed Chowdhury and others, 7 BLC (AD) 144; Rabia Bashri, Irena and a......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......n the bank. He told her that he obtained loan in connection with his business of Gold Star Lines and Trans Bangla Shipping Line. He was the sole proprietor of those firms. The Bank obtained a general power of attorney in respect of the loans from her and she executed and registered said power of att......Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal is dismissed. Cases referred to- Ms Sekendar Jute Baling Ltd Vs. Sonali Bank and another, 1998 BLD (AD) 268; Vemlata Reddy Vs.......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...Category: Civil Law | Date: | Hits: 109
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......order is not only cryptic in nature but it is also a totally non‑speaking one and such an order is never countenanced by law. 4. Appointment of the receiver is not a matter of causal exercise of power by the Court. The Court can appoint a receiver for a disputed property only when the condition......zid Khan and others…………………Appellants Vs. Ali Howlader and others............... Respondents Judgment January 14, 2003. Result: The appeal is allowed. Cases referred to- Nur Mohammad Vs. Jogendra Kumar Dutta and others, 28 DLR 7. Lawyers Involved: Abdul Quq......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ..Category: Civil Law | Date: | Hits: 89
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....t a plaint and having so acted in rejecting the plaint it went beyond its jurisdiction. 5. Secondly, it was submitted that the Court was wrong to find that as the suit was not filed by any bank or financial institution and/or that the debt, claimed against the defendants was not a 'matured debt' ......ে পারিবে; এই আইনে এইরূপ আদেশ দেউলিয়া ঘোষণাদেশ বলিয়া অভিহিত। 30. Section 10 therefore, clearly empowers one or more creditors or a debtor to present a plaint when a debtor commits an act of bankrup......sent: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made absolute. Cases referred to- 42 DLR (AD) 86, Be......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ..Category: Others | Date: | Hits: 185
....ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......he above, it is evident to this Court that the arbitrary decision by respondent No.1 as to effect by respondent No.2 to issue wholesale denomination letters is a clear manifestation of gross abuse of power and is thus without any lawful authority and of no legal effect. The Rule in each of the Writ ......
Vs.
Chairman, Bangladesh Jute Mills Corporation and others……………………Contemner-respondent's
Judgment
April 23, 2009.
Result:
The Rule is discharged.
Cases Referred to-
Md. Salimullah Khan Vs. State, 15 DLR (SC) 150; State of Pakistan Vs. Mehrajuddin, 11 DLR (SC......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
..
Category: Criminal Law | Date: | Hits: 83
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ...... the suit to the date of the decree. The award of interest under this section after the date of filling of the suit is entirely a matter of discretion of Court. This purely is a matter of statutory power. In a decree for the payment of money, the Court may pass an order of interest at such rate as......t February 20, 1989. Result: The Rule is discharged. The stay order granted staying the Execution Case is vacated. The Execution Case will proceed in accordance with law. Cases Referred to- AIR 1940 (Madras) 29; AIR 1937 (Madras) 511; AIR 1931 (Madras) 650; 3 BCR 1983 (HCD) 339; M......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ...... Court either in Appeal or in Revision, but obtained this Rule, which need be discharged. 4. In the instant case the filing lawyer had been Mr. Raushan Ali, Bar-at-Law. He initially obtained the power from both the petitioners and being satisfied signed his name. It is also signed by one Mr. Ab...... Abdus Samad & others.................Petitioners Vs. The State..................Opposite Party Judgment February 15, 1989. Result: The Rule is discharged. Cases Referred to- Chan Shah Vs. The Crown, PLD 1956 (FC) 43; Khalid Saigol Vs. The State, 14 DLR (SC) 321; Kha......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......ustoms. He further admitted that he himself detected the gold from a secret pocket at the bottom of the bag and after recovery of the gold the appellant was arrested. He further admitted he was empowered under the Customs Act to search and arrest any person. He also admitted that the seizure lis...... M. M. Rafiqul Hyder................................Appellant Vs. The State....................................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 42......cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..Category: Criminal Law | Date: | Hits: 87
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......Roy who claimed their co‑ownership of the premises. He further submits that the cancellation order in the garb of Rule 22 of the Cinematography Rule is illegal, mala fide and colourable exercise of power. He further submits that no notice of show cause was issued against the petitioner before the ...... Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Shahnaz Babli and Bulbul Rabeya Banu, Advocates ‑ For the Petitioner. Md. Golam Mostafa, Assistant Attorney General - For the Opposite Parties. Civil Revision No. 431 of 2003. Judgment Mir Has......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..Category: Property Law | Date: | Hits: 62
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ...... the petitioner. He simply directed to reconsider the earlier order of the Magistrate in the light of the observation made by him in his order. He further submits that the learned Sessions Judge is empowered to direct further enquiry when complaint against any accused is dismissed. In the instant ca......sain J AKM Fazlur Rahman J Basiran Bewa ............Petitioner Vs. State………Opposite Party Judgment July 4, 2004. Result: The Rule is made absolute. Cases Referred to- Yusuf Hasan Vs. MA Rezaul Ferdous, 48 DLR (AD) 43; Abdul Matin and others Vs. The State, 42 D......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ..Category: Criminal Law | Date: | Hits: 81
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......ments, stock of arms and ammunition and various affairs and also supply those vital material information. After successful conclusion of the liberation war and after actual and physical assumption of power of the Government of this country, the Government of the People’s Republic of Bangladesh bei......e Referred To- Secretary, Ministry of Industries Vs. Saleh Ahnaed and another, BLD 1981 (AD) 91. Lawyers Involved: Azizul Hasan, Advocate - For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney-General - For the Respondents. Writ Petition No.1541 of 1997. Judgment Md. Mozammel ......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ..Category: Administrative Law | Date: | Hits: 183
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......sion in the case of Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256 and the decision in the case of Unimarine SA Panama Vs. Bangladesh, 31 DLR (AD) 112. In Shamsul Huda it has been held that the power conferred under Order 38 rule 5 CPC is extraordinary power whereby a party in the suit may be ...... Ltd…………………Appellant Vs. Islam Steel Mills Ltd. and others……………………Respondents Judgment February 5, 1997. Result: The appeal succeeds. Cases Referred to- Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256; Unimarine SA Panama Vs. Bangladesh 31 D...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......e petitioners were informed the details of the judgment by the trial Court on 2‑9‑2003 after the Court received the judgment on 27‑8‑2003. The above order of the High Court Division clearly empowered the ad-hoc Committee formed under the provision of Article 109 of the Constitution of the Sa..............................Petitioners Vs. Khatibuddin Ahmed and others......................Respondents Judgment January 18, 2004. Result: The Rule is made absolute. Cases Referred to- Safaruddin and others Vs. Fazlul Haque, 49 DLR (AD) 151; National Bank of India Vs. Yakub Mia......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ...... Court may, in its discretion, hold a preliminary enquiry before lodging any complaint to the Magistrate only when it thinks it necessary but such an enquiry is never obligatory. The Court has enough power to lodge such a complaint without holding any enquiry at all when from the proved facts the Co......ated 10‑1‑2001 passed in had done works beyond the tender, which the Miscellaneous Case No. 1 of 1999 sending a defendants received and enjoyed. Not only that the complaint against the petitioner to the Criminal defendants already transferred the building may be Court concerned with the land at ......he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ..Category: Criminal Law | Date: | Hits: 82
....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......at any point of time the title of the plaintiffs was lost.
23. Mr. Goutam Kumar Roy, the learned Deputy Attorney General further relying on the decision reported in 4 BLD (AD) 199 submits that the power of attorney dated 3.8.89 (Ext.4) was not proved as per the provision of section 67 of the Evid......Opposite parties.
Judgment
August 19, 2010.
Result:
The Rule is discharged.
Cases Referred To-
Nur Mohammed & others Vs. Moulvi Mainuddin Ahmed and others, 6 BLD (AD) 342; Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and others, 24 BL......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49...
Category: Property Law | Date: | Hits: 64
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....Corruption lodged a first information report against the petitioners and others alleging, inter alia, that the petitioner and others in collusion with each other by misusing official power caused a financial loss of Taka 1.10 crore to Bangladesh Muktijuddah Kallyan Trust by selling its landed prop......Bureau of Anti‑Corruption lodged a first information report against the petitioners and others alleging, inter alia, that the petitioner and others in collusion with each other by misusing official power caused a financial loss of Taka 1.10 crore to Bangladesh Muktijuddah Kallyan Trust by selling ......…...Opposite Parties Judgment January 5, 2003. Result: The Rule is discharged. Lawyers Involved: AKM Ali, Advocate—For the Petitioners. ABM Waliur Rahman Khan, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 709 of 2003 with Crimina......inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ..Category: Criminal Law | Date: | Hits: 93
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......rovisions contained in section 561A of the Code of Criminal Procedure. Section 561A of the Code provides that nothing in the Code of Criminal Procedure shall be deemed to limit or affect the inherent power of the Court to make such order as may be necessary to give effect to any order under this cod......itioner Vs. The State and another……………………Opposite parties Judgment June 3, 2009. Result: The Rule is discharged and Order of stay stands vacated. Cases Referred to- State of Madhya Pradesh Vs. Dr. Krishna Chandra Saksena, 1997 (1) Crimes 5 (SC); Sukumaran Na......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
....he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ...... are not required to furnish any security as provided under sub‑section (2) of section 32 of the Artha Rin Adalat Ain, 2003. The learned Judge of the Artha Rin Adalat appeared to have exercised his power and jurisdiction beyond the law. 7. In the result the Rule is made absolute. The impugned o......t was decreed in preliminary form and the decree was made final on 11‑10‑98. The respondent bank put the decree in execution in Title Execution Case No.94 of 1998. The property of the judgment-debtor was put to auction sale and that was purchased by the respondent No.1 on 18‑11‑02 at a price......he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......lished by any law and it has been created only to frustrate the Rule of law and to undermine the Court of justice and Tribunal. Even the Supreme Court of Bangladesh has ceased to have its supervisory power over the Commission and as such the establishment of the Commission is ultra vires of the Cons......awyers Involved: Mr. Tawfique Nawaz, with Mr. A.F.M. Mesbahuddin, Mr. Adilur Rahman Khan, Mr. Md. Asaduzzaman, and Mrs. Kashefa Hussain, Advocates - For the Petitioners. Mr. Salahuddin Ahmed, Attorney General, with Mr. Md. Delower Hossain, Deputy Attorney General, Mr. Zafor Immam, Assistant At......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......tence and other learned Judge dismissed the appeal on maintaining Judgment of conviction and sentence. The appeal has been referred to me as Third Judge by Hon'ble Chief Justice. 4. In exercise of power envisaged under section 429 of the Code of Criminal Procedure (hereinafter referred to as The ......l Huq J Babul..............................Appellant Vs. State..............................Respondent Judgment August 14, 2002. Results: Appeal stands allowed. Case Referred to- Kanta Proshad Vs. State, AIR 1961 Allahabad 438. Lawyers Involved: Prabir Halder, Advoc......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..Category: Criminal Law | Date: | Hits: 84
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