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Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......roperty at Rangpur town and that they took decision to get the property of Amar Chandra Saha at Rangpur town by way of exchange of their properties in India and accordingly both the brothers executed power of attorney in favour of their elder brother in India. Said Amar Chandra Saha executed a power......rafat Hossain……………………..Petitioner Vs. Dr. Islamuddin…………………..Opposite Party Judgment August 27, 1992. Result: The Rule is discharged. Cases Referred to- Mohori Bibi and another and Dhurmadas Ghose, Indian Appeals Vol. 30 page 115; Jasimuddin Khan......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ..Category: Property Law | Date: | Hits: 74
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ...... 'D' is a notification of the Rules published in the Dhaka Gazette by the then Government of East Pakistan Home (Transport) Department dated 7.1.60. This notification was published in exercise of the powers conferred by section 25 of the East Pakistan Inland Water Transport Authority Ordinance, 1958......tions) Vs. Chairman, BIWTA and others …………………………Respondents (In all Writ Petitions) Judgment April 29, 1992. Result: The Rules are discharged. Cases Referred to- BSI Corporation, Dhaka Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; Md. Sekander Hossain Vs.......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..Category: Employment/Service Law | Date: | Hits: 116
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......lers. 4. It appears that by SRO No.119 dated 18-6-87 published in the Bangladesh Gazette Extraordinary dated 25-6-87 that the Government amended earlier SRO No. 233 dated 27-6-1986 in exercise of power under section 12A(1) of the Excise and Salt Act, 1944 and totally exempted MS Products of Clas...... Industry Ltd……………..Petitioner Vs. Government of Bangladesh and others…………..Respondents Judgment July 24, 1997. Result: The Rules are discharged. Cases Referred to- Patel India (Private) Limited Vs. Union of India, AIR 1973 (SC) 1300; Shiv Shanker Dal Mills ......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Mirza Ashfaque Hossain and another Vs. Md. Ashraful Alam and others, 2011, 40 CLC (AD)
....্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ......in that the President of the Governing Body of the College is nominated by the authority of the National University and according to section 16 of the General Clauses Act the nominating authority has power to withdraw the nomination. 7. Mr. M. Amirul Islam, learned counsel appearing on behalf of ...... (In Civil Petition No.803 of 2011.) M. Amirul Islam, Senior advocate, Advocate instructed, by Md. Shamsul Alam, Advocate -on-Record-For respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 2311 of 2010 and 803 of 2011. (From the judgment and order dated 25.04.2010 passed......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ..Category: Others | Date: | Hits: 153
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......sions, the Government would not be able to employ persons in the other posts of the Council without first consulting the Council which is unconstitutional inasmuch as it has curtailed the executive power of the Government in derogation of article 133 of the Constitution. Section 28 of Act Nos.9, 1......) Vs. Md. Badiuzzaman and others.......................Respondents (In both the cases) Order March 3, 2011. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General with Murad Reza, Additional Attorney General Korunaymoy Chakma, Deputy Attorney Gener......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..Category: Constitutional Law | Date: | Hits: 219
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......for passing an order of mandatory injunction. Mr. Bhuiyan has submitted that the plaintiffs are in management of the affairs of the committee. Mr. Bhuiyan lastly submitted that the Court has inherent power to pass an order of injunction. Mr. Bhuiyan in support of his contention has referred to 35 DL......ers Vs. AKM Shamsuddin & others..........……………………………………Opposite Parties Judgment November 30, 1995. Result: The rule is discharged. Cases Referred to- AIR 1956 (Cal) page 428; 35 DLR (AD) 42. Lawyers Involved: Ziaur Rahman Khan, Advocate......gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ..Category: Civil Law | Date: | Hits: 85
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......llants Vs. State……………………………………………………………………..Respondent Judgment July 17, 1994. Result: The appeal is allowed. Cases Referred to- Abdul Hakim and others Vs. State, 43 DLR 389; Ruston Ali Vs. State, 9 BLD (1989); 43 DLR 512.......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ..Category: Criminal Law | Date: | Hits: 74
Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)
....terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ......, we find there is no bar in preferring a revision by an informant against an order of acquittal in a GR case if the State did not prefer any appeal against such order. As regards the exercise of the power of revision against an order of acquittal, the only bar is that the revisional court cannot co......Petitioners Vs. State and another……………………………………………..Opposite Parties Judgment November 14, 1995. Result: The Rule is discharged. Case Referred to- Kashem Ali Vs. The State & others 1989 BLD (AD) 13. Lawyers Involved: Ayenuddin, Ad......terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ..Category: Criminal Law | Date: | Hits: 82
....opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 57.
......period of detention of 120 days vide order of the Government dated 6-11-93 as illegal, the subsequent order of the Government dated 1-12-93 was clearly a mala fide action and a colourable exercise of power. He further submits that the grounds taken by the detaining authority for the subsequent order.....................opposite parties
Judgment
January 6, 1994.
Result:
The Rule is made absolute.
Lawyers Involved:
Alaluddin, Advocate‑For the Petitioner.
M. Shamsul Alam, Deputy Attorney‑General‑For the Opposite Parties.
Criminal Miscellaneous Case No. 1954 of 1993.
Jud......opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 57.
..
Category: Criminal Law | Date: | Hits: 69
....ence by this Court.
In the result this Rule is discharged. But in 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) 1.......t authorised to relieve the petitioner as he had been nominated by the Senate and appointed by the then Chancellor in accordance with law. It is further stated that since the Chancellor had no direct power and since there is no provision in the University Act itself for removal of the petitioner, th......……Petitioner
Vs.
Chancellor of Rajshahi University, Rajshahi & others………………Respondents
Judgment
July 1, 1997.
Result:
The Rule is discharged.
Cases Referred to-
Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Technology, 45 DLR 333;......is writ petition the petitioner describes himself as Vice-Chancellor of Rajshahi University through the process of section 11 of Rajshahi University Act of 1973 (Act No. XXXVI of 1973) as a Member of Panel from which the Vice-Chancellor shall be appointed for a period of 4 years from the said panel...
Category: Employment/Service Law | Date: | Hits: 158
State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)
....12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ......ainst the accused respondent No.1 under section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) for causing monetary loss of Tk.20,43,250/- to the Dhaka Shishu Hospital by abusing his power. 4. On 15.01.2009 the case record of Shahbagh Police Station Case No. 22(10)08 was placed ......ioner Vs. Dr. A.Z.M. Zahid Hossain and another.................... Respondents Judgment February 26, 2012 Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Sufia Khatun, Advocate on Record - For the Petitioner. Mvi. Md. Wah......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 92
....d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
......nala, 1991 on the following among other grounds that the authority has no authority to terminate an employee without issuing a notice and that the said rule enables the writ respondents to exercise power arbitrarily against an employee without assigning any reason whatsoever.
3. The writ-respon......Surendra Kumar Sinha J
Arun Chandra Das and others………….........Petitioners
Vs.
Chittagong Port Authority, Bandar Bhaban, Chittagong and others..............Respondents
Order
October 6, 2010.
Result:
Leave is granted.
Case Referred to-
Bangladesh Parjatan Corporati......d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
..
Category: Employment/Service Law | Date: | Hits: 97
Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)
....pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ......s the deed of 1928 is set aside. 6. Mr. Mahmudul Islam, learned counsel appearing for the petitioners contended that the High Court Division exceeded its jurisdiction in exercise of his revisional power in interfering with the concurrent findings of fact arrived at by the Courts below that the de......e CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Sukendra Bikas Das and others ............Petitioners Vs. Anil Baran Das and others…………………..Respondents Order October 27, 2010. Result: Extension of stay order is granted. Lawyers Involved: Mahmudul I......pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ..Category: Property Law | Date: | Hits: 74
A.M. Nurunnabi Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....him to the post of Deputy Inspector General, Police with effect from 5th May, 1983 and then to the post of Additional Inspector of General of Police with effect from 6th January, 1994 and to give him financial benefits attached to those posts. The Administrative Tribunal by judgment and order dated ......in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ......011. Result: This petition is dismissed. Lawyers Involved: Abdul Wadud Bhuiyun, Senior Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner. Mahbubey Alam, Attorney General-For the Respondent. Civil Petition for Leave to Appeal No. 1914 of 2009. (From ......in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ..Category: Administrative Law | Date: | Hits: 194
....t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
......n remand to the trial Court with a direction to dispose of the same after "investigation of the suit land by appointing another Advocate Commissioner" to ascertain the suit land invoking the inherent power under section 151 of the Code of Civil Procedure. Mr. Islam has further contended that the ord......ior Advocate instructed by A.K.M. Shahidul Islam, Advocate-on Record-For Respondent No. 3 (c).
None represented-For Respondent Nos.1-2, 3(a)-3(b) and 3(d)-3(e), 4-13.
Civil Petition for Leave to Appeal No. 538 of 2009.
(From the judgment and order dated the 28th and 29th days of October,......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
..
Category: Property Law | Date: | Hits: 83
Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)
.... of the Paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ......Board is a statutory Organization governed by Technical Education Act, 1967 and the Government made Regulation and Rules from time to time. The Chairman of the Board as Chief Executive shall have the power to appoint staff on temporary basis for a period not exceeding 6 (six) months and by this law,......echnical Education Board represented by the Chairman Agargaon, Shere Banglanagar, Dhaka.........................Petitioner Vs. Md. Anamul Haque and others…….......Respondents Order October 6, 2010. Result: The order of status-quo granted earlier be extended till disposal of th...... of the Paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ..Category: Employment/Service Law | Date: | Hits: 133
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......rd the revision though found that miscellaneous appeal in question filed before the District Judge, was incompetent, yet it “ratified" the order passed by the District Judge invoking the inherent power of the Court as mandated in section 151 of the Code of Civil Procedure (the (Code), hence......For the Petitioner. Shaheed Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.2. None represented-For Respondent No.1. Civil Petition for Leave to Appeal No. 124 of 2010. (From the judgment and order dated the 8th day of November, 2009 passe......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..Category: Civil Law | Date: | Hits: 108
Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)
.... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......ance on the decisions reported in 40 DLR 509 and 44 DLR 112. 4. Mr. Azizul Huq, the learned Advocate appearing on behalf of informant opposite party No.1, submits that the revisional Court has the power under section 439A of the Code of Criminal Procedure to pass any direction for correcting the ......the Opposite Party No.1. Criminal Revision No. 3155 of 1991. Judgment Mahmudul Amin Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner Munshiganj and opposite party No.1 to show cause why the order dated 20.10.92 passed by the learned Sessions Judge, Munshiganj in Crimi...... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ..Category: Criminal Law | Date: | Hits: 67
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......Lord Denning. Lord Denning in this book‑ Due Process of Law, dealt with this matter in the following manner: "Disobedience to an order of the Court. Strict Proof: One of the most important powers of a Court of law is its power to give orders. Very often it has to make an order commanding ......n J Rafiqul Hossain @ Ranaesh and another....................Petitioners Vs. Lal Mohan Saha and others....................Opposite Parties Judgment December 19, 1991. Cases Referred to- Mawazzam Ali Khan and others Vs. Shobash Chandra Pakrashi and another, 1927 Cal. 598; Mamtaz ......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......that the appellant was entitled to recover Tk. 20,40,712.06 from the respondent. 7. Dr. Kamal Hossain contends first, that if the Court takes a different view from the Arbitrator, the Court has no power to rectify the award unless the award is bad on the face of it and manifestly exposed to error......bria and Associates Ltd…………………Appellants Vs. Bangladesh Agricultural Development Corporation……………………Respondents Judgment September 6, 1992. Cases Referred to- Executive Engineer Irrigation, Golimala and others Vs. Abnaduta Jena, AIR 1988 (SC) 1520; Mes......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ..Category: Alternative Dispute Resolution | Date: | Hits: 156
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