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Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......5, and the learned Single Judge on hearing the parties made the rule absolute and set aside the order of the District Judge with the observation that “the Administrator has arrogated to himself the powers of a Civil Court and he has himself adjudicated as to who was more competent of the two and a......……………………Appellant Vs. Md. Anwar Hossain and another………………..Respondent Judgment May 18, 1982. Result: The appeal is dismissed with costs. Case Referred to- Syed Saha Vs. Commissioner of Wakfs, A.I.R. 1961, SC 1095. Lawyers Involved: M.H Khondk...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108...Category: Trust/Waqf Law | Date: | Hits: 188
....d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262.......f the opposite party No.1 betrays that it did not approach this Court with clean hand and the Court was kept out of its knowledge regarding the taking over charge by the petitioner. The discretionary power is to be exercised in every case on a sound judicial principle as to whether it is reasonable ......Kaptai Rope Line and RD & BE Project, a project of Bangladesh Chemical Industries Corporation. The said Union on merger of the said Project with Karnaphuli Paper Mills Limited passed a resolution to change its name from the original name to Karnaphuli Paper Mills Sramik Karmachari Union and file......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262...
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is disÂcharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......bour Court exercises jurisdiction under the Employment of Labour (StandÂing Orders) Act and the Industrial Relations OrdiÂnance, but the position in the Industrial Relations Ordinance procedure and power of Labour Court has been defined under that Ordinance in section 36. Sub-section (3) of that s.........................Complainant Petitioner Vs. M.H. Azad..........................Accused opposite Party Judgment February 9, 1989. Result: The Rule is discharged. Cases Referred to- Hari Meah Vs. The State, 11 DLR (S.C) page 368; A.K. Khan and others Vs. The Chairman; Secon......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is disÂcharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....e, if any, for vindication of his right, if so adÂvised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......declaraÂtion of the Respondent No.1 as Chairman of MalÂonchi Union Parishad has been made without any lawful authority and of no legal effect. 3. The respondent No.1 entered appearance by filing power in the case and also filed an application for vacating the order of stay granted by this court...............................Petitioner Vs. Md. Aminuddin & Others.........................Respondents Judgment February 16, 1989. Result: The Rule is discharged. Cases Referred to- 34 DLR 147; Shahabuddin Iskandar Vs. Bangladesh Election Commission & others, 27 DLR 475;......e, if any, for vindication of his right, if so adÂvised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......, assistance or information relating to, lock and seal any factory, laboratory, shop, building, storeÂhouse or godown where unlicensed drug has been manufactured under the Act and exercises all such power as has been necessary for the purpose of Drugs Act and the said Drugs Act also provided that C...... by the learned Judge, Drug Court, Dhaka on 30.3.88 in Drug Case No.3 of 1987 convicting the appellants under section 16 of the Drugs (Control) Ordinance, 1982 and sentencing each of them there under to suffer rigorous impriÂsonment for a period of 3 years and a fine of Tk. 50,000/- each with a def......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ..Category: Criminal Law | Date: | Hits: 83
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......shall prepare, for the approval of the Government a comprehensive plan for the control of flood in, and the development and utilization of, water resources of Bangladesh. (2) The Board shall have power to take up any work as contemplated in clause (3) or any other work that may be transferred to......the People's Republic of Bangladesh, and others............Respondent (In both the Writ Petitions) Judgment August 28, 1997. Result: The Rules are made absolute-in-part. Cases Referred to- United States of America Vs. Iska W Carmack, 329 US 230-248 (91 Law Edition) of United States......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......e Court had advanced the date of hearing of the matter from 21-10-96 to 12-9-96 without serving copy of the notice on his Advocate, Mr. Ashrabuddin and that a copy was served upon a lawyer holding no power on his behalf and, so, the defendant made a prayer for vacating the order passed on 8-9-96 and......sgar Khan J Habibur Rahman Khan……………Appellant Vs. Nurul Islam Khan……………Respondent Judgment November 11, 1997. Result: The appeal is allowed. Case Referred to- Shirkat‑i‑Ahbab Vs. National Bank of Pakistan, 21 DLR (SC) 275. Lawyers Involved: M......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ..Category: Civil Law | Date: | Hits: 65
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......of the petitioner’s application and other relevant papers, by Memo No.620-Justice-72N/27/86 dated 16-11-89 granted permanent licence to the petitioner for holding the office of Nikah Registrar with power to register the marriages and divorces within the area comprising Kalai, Zindapur, Punat, Uday......rliamentary Affairs, Government of the People’s Republic of Bangladesh and others……………Respondents Judgment August 20, 1997. Result: The Rules are discharged. Cases Referred to- Bangladesh Small Industries Corporation Limited Vs. Mokbul Hossain Chowdhury, 29 DLR (SC) 41;......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ..Category: Civil Law | Date: | Hits: 90
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......ed to notice that although the appeal may be incompetent owing to the wrong person being named as respondent but the Court which deals with it is acting in a proceeding in a suit and as such has full power under section 153 of the Code of Civil Procedure to direct an amendment of the memorandum of a......…….Petitioner Vs. Mutaleb and others…………………………………...Opposite Parties Judgment January 18, 1996. Result: The Rules are made absolute. Cases Referred to- Hali Mandal and another Vs. Khirode Bala Debya, 12 DLR 74; Labbu Ram; Anantalal Daga and othe......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...Category: Procedural Law | Date: | Hits: 70
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......t was directed in this summons that the accused petitioner was to appear either in person or through the lawyer before the learned magistrate on 5-9-1993. Thereafter, the petitioner as alleged duly empowered an Advocate of the High Court Division of the Supreme Court of Bangladesh to go to Gopalgonj......¦â€¦â€¦â€¦â€¦..Petitioner Vs State and another……………………………………Opposite Parties Judgment August 1, 1994. Result: The Rule is disposed of. Cases Referred to- Dr. Muzzammel Huq Chowdhury Vs. Chief Martial Law Adminstrator and others, 32 DLR (AD) 100; E......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..Category: Criminal Law | Date: | Hits: 70
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......m the reading of the FIR we find that the name of the petitioner No.3 does not appear therein. Now the law is settled by several judicial pronouncements of this Court that in exercise of its inherent power under section 561A of the Code this Court can interfere when the complaints do not constitute ...... State……………………………………………………………………………Opposite Party Judgment January 29, 1996. Result: The Rule in made absolute. Case Referred to- Abut Basher Vs. State 47 DLR 521. Lawyers Involved: Md. Delear Hossain, Advocate-For th......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ..Category: Criminal Law | Date: | Hits: 105
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......he owner of the other property and the other three brothers became owners of the suit property. The 3 brothers subsequently exchanged their property with one Abdus Sattar and others by way of general power of attorney executed on 17‑4‑64 which was regularised by way of a registered deed of excha......……………….Petitioner Vs. Arif Ahmed…………………………………………Opposite Party Judgment June 22, 1994 Result: The rule is discharged. Cases Referred to- Mohammad Salim Vs. Md. Siddick Jamal and others 22 DLR 841; Ahmed Shan Khan Vs. Abdul Barkat;......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89...Category: Property Law | Date: | Hits: 59
Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150....... 1973 since reported in (1979) 31 DLR 169 had considered the aforesaid decision in 26 DLR 491 and the majority view is that decision was not the correct law and further held that in case of emergency power has been conÂferred upon the Magistrate to attach the disÂputed properties and appoint recei......rul Haider Chowdhury J Md. Shamsul Alam…………………Petitioner Vs. Kanak Chandra Shome and another……………………Respondents Judgment June 14, 1978. Cases Referred to- Fazlul Karim Vs. Abdus Sobhan, 26 DLR 291; (1979) 31 DLR 169; 26 DLR 491. Lawyers Involved......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150...Category: Criminal Law | Date: | Hits: 69
....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......n support of his contention, he has cited the decision of Jagannath Vs. State of Orissa AIR 1966 (SC) 1140.
5. The question before us, as to the jurisdicÂtion of the High Court in exercise of its power under writ jurisdiction, is well settled, in that it is to satisfy itself of the validity of t......IR 1954 (SC) 179.
Lawyers Involved:
S.R. Pal, Senior Advocate, with S.S. Halder, Advocate, instructed by Aminul Huq, Advocate on-Record - For the Appellant.
Ahmadur Rahman Khan, Additional Attorney-General, B.B. Roy Chowdhury instructed by B. Hossain, Advocate on Record - For the Respondent......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
..
Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....notice on 29.05.2007 under Section 26(1) of the Anti-Corruption Act, 2004 on appellant No.1 asking him for submitting a statement of his assets and liabilities and those of his family members for the financial year 1988-89 to financial year 2006-2007. On 06.06.2007 appellant No.1 having signed a sta......the same was paid before submitting the statement. Consequently, he submitted statement of properties of Tk.1,40,36,461.19 + Tk. 19,49,541= Tk. 1,59,86,002.19 without any basis. 4. By misusing the power and with the aid of appellant No. 1, appellant No.2 illegally acquired a piece of land measuri......l Uddin and another .......................Appellants Vs. The State............................. Respondent Judgment November 8, 2010. Result: The appeal succeeds. Case Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir and others, (2010) 62 DLR (AD) 290,......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..Category: Criminal Law | Date: | Hits: 108
.... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
......en made within the stipulated time is outside the reach of the arbitration clause.
16. Mr. Rafiqul Huq has raised a pertinent question which naturally arises from the leave order. It is, that, the power of the Court under section 34 of the Arbitration Act is a discretionary power and when the two......…………Appellants
Vs.
M/s. Crete Construction Company Ltd., & another……………Respondents
Judgment
April 27, 1978.
Result:
The appeal is dismissed.
Cases Referred to-
Heyman Vs. Darwins Ltd., 1942 A.C. 337; Gayn Electric Supply Co. Ltd., Vs. State of Bihar, A....... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......im to make a representation against the order. The learned Advocate further submits that in the instant case the learned District Magistrate who made the initial order of detention in exercise of his powers under sub-section (2) of Section 3 of the Special Powers Act did not serve the grounds of deÂ......almonirhat..............Petitioners Vs. District Magistrate & another................Respondents Judgment February 7, 1989. Result: The application is allowed. Cases Referred to- Abdul Latif Mirza, 31 DLR (AD) 1; Iftekhar Ahmed Vs. Government of Bangladesh, BLD (1988) 1......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ..Category: Criminal Law | Date: | Hits: 66
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....king the petitioner to show cause why the Managing Committee of the samity shall not be dissolved under section 22(4) for mismanagement, misappropriation of money, abuse of power and deÂstruction of financial position of the society and a new Managing Committee shall not be appointed and as to why ......Ordinance No. I of 1985) asking the petitioner to show cause why the Managing Committee of the samity shall not be dissolved under section 22(4) for mismanagement, misappropriation of money, abuse of power and deÂstruction of financial position of the society and a new Managing Committee shall not ......perative Division, Ministry of Local Government, Dhaka & others........................Respondents Judgment January 25, 1989. Result: The Rule Nisi is made absolute. Cases Referred to- Md. Khair Ahmed Vs. Bangladesh, 40 DLR 353; 31 DLR (AD) 152; Government of the People's Rep...... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210...Category: Civil Law | Date: | Hits: 87
....tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
...... to be of no legal effect.
10. We find that Section 7 of the Ordinance can give the petitioner exactly the remedy which she is praying for here. The Court of Settlement has been given the specific power to exclude the disputed property from the list (a). The petitioner has been given a specific r......Âdesh represented by the SecreÂtary, Ministry of Works, Dhaka & others.......................Respondents
Judgment
February 13, 1989.
Result:
The Rule is discharged.
Case Referred to-
Kohinoor Mercantile Corporation Vs. Hazera Khatun, PLD 1963 238.
Lawyers Involved:
H.R.......tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
..
Category: Property Law | Date: | Hits: 171
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, DhaÂka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......unÂless a complaint is made by the judicial officer before whom the false statement is made. But in the matter of defamation the Magistrate on his own authority cannot take any initiative. He has no power to say that a person should be proseÂcuted for defamation because he has made a deÂfamatory ........................Petitioner Vs. Shah Alam & others..............................Opposite Parties Judgment January 23, 1989. Result: The Rule is made absolute. Cases Referred to- Sukra Mahto Vs. Basudeo Kumar Mahto and another, AIR 1971 (SC) 1567; Ayeasha Bi Vs. Pear Khan......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, DhaÂka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ..Category: Criminal Law | Date: | Hits: 77
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