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Sylhet Moulvi Bazar Motor Malik Group and another Vs. Ataur Rahman and others, 2008, 37 CLC (AD)
....ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ...... 7. The learned Counsel appearing for the petitioners submits that the High Court Division has erred in discharging the Rule and affirming the decision of the courts below without comprehending the power of the Courts in a Rent Deposit Case. 8. He further submits that because of the observation......off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ......ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ..Category: Property Law | Date: | Hits: 58
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....কীয় কার্যধারা (Judicial Proceedings) বলিয়া গণ্য হইবে। Artha Rin Adalat is competent to take cognizance only in respect of suits instituted by a financial institution for recovery of debt dues i.e. in respect of matter enumerated in section 2(...... such value not exceeding (one lac taka) as may be specified in the notification). (Provided that the (Government) may, by notification in the Official Gazette, delegate to High Court Division its powers under this section)." 12. Under section 19 of the Act an Assistant Judge has pecuniary jur......emo of appeal before this Court on 27.6.91 against the judgment and decree passed the aforesaid Money Suit No.528 of 1991. The Stamp Reporter gave a note dated 20.7.91 and returned the Memo of appeal to Mr. Md. Ozair Farooq, the learned Advocate for the appellant Abul Kalam Azad (defendant No.5). ......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......al laws is deprecated. The main thrust is whether if the process of the Court of law constituted under the general law is being abused, a writ of certiorari is maintainable. The High Court Division's power under writ jurisdiction to quash criminal proceedings should be exercised sparingly in rares...... ..................................................Petitioners Vs. Md. Enayetur Rahman and others …….........................Respondents Judgment February 28, 2011. Cases Referred to- State of Goa and others Vs. A.M. Jaffar and sons, (1996) 7 SSC 79; S.S. Jain Samiti Vs. Manag......ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ..Category: Anti-Corruption Laws | Date: | Hits: 214
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
....tor General of the বগুড়া পল্লী উন্নয়ন একাডেমি is all powerful in initiation of a departmental proceeding against any of the delinquent officers committed financial defalcation since service regulation of the Academy empowers him to punish any of the empl...... the year 1987 the Board of Director of the Academy, in its 15th meeting held on 19-12-1987 (Annexure-K), formulated the regulations regarding the service of the employees of the Academy, wherein the power to impose punishment like discharge, force retirement, termination etc. in respect of the Clas......ioner Md. Abdul Majid while posted as Assistant Librarian in the বগুড়া পল্লী উন্নয়ন একাডেমি, a Class II post, was discharged from the service by the Director General of the বগুড়া পল্লী উন্নয়ন একাডেমি Challeng...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ..Category: Employment/Service Law | Date: | Hits: 64
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......ts are not too satisfactory and also I am annoyed with the conduct of RAJUK, erstwhile DIT but since these appeals are from original decree, section 107 of the Code of Civil Procedure gives mandatory power to determine a case finally, as the Appellate Court, shall have the same powers and shall pe...... Hashem.........................................................Appellant Vs. Shamsul Kabir Humayun Reza and anothers.............Respondents Judgment February 10, 2011. Cases Referred to- Ejhar Miah Vs. Shaher Banu, 2 BLC AD 20=49 DLR (AD) 85; 4 BLC (AD) 191; 39 DLR (AD) 237; AIR ......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..Category: Property Law | Date: | Hits: 100
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......and point out their duty in every particular case that conies before them. Courts of law are essential to act and assume their role as guardians of the rule of law. It is said that source of judicial power is the law but, in reality, the effective exercise of judicial power originates from two sourc...... Sinha J Lt. Col. M. A. Mannan (Retd.)………………Appellant (In both the cases) Vs. Social Investment Bank Ltd. and Others …………Respondent (In Civil Appeal No.48 of 2006) Doctor J. H. Gazi and Others……………………Respondent (In Civil Appeal No.49 of 2006) Judgm......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518...Category: Civil Law | Date: | Hits: 90
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......ক্ষ কমিশন হইবে।" 15. Indeed, subsection (2) of section 3 of the Act lays down the condition subject to which the ACC has been created and it has been vested with certain powers and discretion. Sub-section (2) of section 3 of the Act guides the exercise of all the powe......nt: Md. Shamsul Huda J Md. Rezaul Hasan J Md. Obaidul Kader ............. Petitioner Vs. The State ..................... Opposite party Judgment: May 11, 2011. Cases Referred to- Rahit Pulp Paper Mills Vs. Collector of Central Excise, AIR 1991 SC 754; Indu Bhushan Chatter......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264...Category: Criminal Law | Date: | Hits: 111
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242....... such the finding and decision in reversing the Judgment and decree of the trial Court calls for no interference by this Court. 13. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure has been laid down in several judicial pronou......Dabirush Shan J Hemayetuddin and others ......................... Petitioners Vs. Md. Shahjahan Miah and others .............. Opposite Parties Judgment June 3, 2009. Cases Referred to- Golzar AH Pramanik Vs. Soburjan Bewa being dead her heirs Md. Yakub Ali Khan and others, 6 B ......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242...Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......d against him his been answered by holding that in such a case sanction for prosecution was not necessary." 19. Third point agitated and calls for our consideration relates to the jurisdiction and power of the Special Judge to take cognizance of a case by way of framing charge under section 5(1)(...... Muhammad Abdul Mannan J HM Ershad ................................Petitioner Vs. The State .............................Opposite Party Judgment September 23, 1992. Cases Referred to- Saber Ahmed Vs. Manzur Mia ad others, 35 DLR 213; State Vs. Md. Safikul Islam, 40 DLR 310; 17......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......an then refers us to the case of Altaf Hossain Vs. Abdul Quashem reported in 45 DLR (AD) 53 wherein it has been held, "In our legal system relating to election also the Election Commission's inherent power under the provision of superintendence, control and direction' should be construed to mean pow......l Haque Chowdhury J KM Hasan J Mamtajul Karim……………Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment June 17, 1993. Case Referred to- Aftaf Hossain Vs. Abdul Quashem, 45 DLR (AD) 53; AFM Rashid Vs. The Election Commission and o......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ..Category: Election Law | Date: | Hits: 122
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ...... 12. Before we take up the question for consideration as to whether the impugned judgment and order of conviction and sentence should be quashed or not, it will be necessary to see the extent of power, scope, principles and categories of cases in which High Court Division may invoke its power a...... The State………………………………………………………….Opposite party (In both cases) Judgment May 26, 2011. Result: The Rules are made absolute. Cases Referred to- Sher Ali (Md.) and others Vs. The State, 46 DLR (AD) (1994)67; Quader Chowdhury Vs. The State......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ..Category: Criminal Law | Date: | Hits: 86
....of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......178.......of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178...
Category: Employment/Service Law | Date: | Hits: 62
.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176.......used to live with his mother. At the relevant time he earned a lot. There is a provision of Cinema Law that to bring a cinema print through any body without going by himself, it can be done through a power of attorney executed on five taka stamp paper, given by the director of the Cinema Hall to bri......
Bivash Chandra Biswas, Advocate-on-record-For the Petitioner.
Md. Aftab Hossain, Advocate-on-record-For the Respondent No.1.
Not represented- Respondent No.2-3.
Civil Petition for Leave to Appeal No.1055 of 2008.
Judgment
MM Ruhul Amin CJ. - This petition for leave to appeal is d...... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176...
Category: Property Law | Date: | Hits: 70
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....that while the defendant-petitioner was employed at the Tarail Jute Purchase Agency of the plaintiff-mills purchased 17688 Mds. of raw jute during the season 1981-1982 against which the Mill incurred financial loss to the tune of Tk. 1,56,569.38. The said losses were itemized as follows: i) Assor......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......J Md. Azizul Haque........................................Petitioner Vs. Adamjee Jute Mills Ltd................................Opposite Party Judgment August 26, 2010. Case Referred to- 7 MLR 132. Lawyers Involved: A. K. M. Shafiuddin with Binod Kumar Agarwal, Advocates…......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ..Category: Civil Law | Date: | Hits: 97
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......take advantage of those GOMs. which came into existence long subsequently and say that the petitioners have no right of renewal under the said two Government Orders. In that case there was no lack of power of the State Government to keep its promise. That case rests on different contexts and disting......preme Court
High Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
National Engineers Ltd.…………Petitioner
Vs.
Director, Military Lands and Cantonment Directorate and others ……..Respondents
Judgment
August ......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
..
Category: Property Law | Date: | Hits: 92
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......idence on record and are based on correct principle of the appreciation of the evidence. I find no illegality in the impugned judgment to call for any interference by this Court exercising revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. ...... DLR 208; Abul Hossain Vs. Amjad Hossain, 62 DLR (AD) 436; Hridoy Ranjan Day the another Vs. Niranjan Dey and others in 6 MLR (AD) 26=54 DLR (AD) 16. Lawyers Involved: Salma Rahman, Assistant Attorney-General with Towhida Khntun, Assistant Attorney-General-For the Petitioners. Rezina Mahmud......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
....Rin Adalat Ain, 2003. This section has conferred power or jurisdiction upon the Artha Rin Adalat to dispose of the suit without holding trial only when the defendants admit the claim of the plaintiff financial institution. When the borrower defendant does not admit the claim of the plaintiff financi...... 6504 of 2009. The learned Advocate drew our attention to the following observations made in that judgment:
“We have examined section 13 of Artha Rin Adalat Ain, 2003. This section has conferred power or jurisdiction upon the Artha Rin Adalat to dispose of the suit without holding trial only wh......……………………………………petitioners
Vs.
The Government of People’s Republic of Bangladesh and others…………Respondents
Judgment
June 1, 2011.
Cases Referred to-
Md. Arfan Uddin Akand with Mr. Kamal Uddin Akand Vs. Joint District Judge and Arth......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
..
Category: Civil Law | Date: | Hits: 147
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......Court has rightly rejected the application. 13. In the case of Md. Shamsul Huda Vs. Mozammel Hoque, reported in 26 DLR 319 wherein a Division Bench of this Court has held: "Order 11, rule 21 empowers a Court to strike out the written statement of a defendant and to place him in the same posit......risdiction) Present: Mahfuzur Rahman J Ansar Ali……………….Petitioner Vs. Yeasin Mea and others……………..Opposite Parties Judgment July 27, 1993. Case Referred to- Md. Shamsul Huda Vs. Mozammel Hoque, 26 DLR 319. Lawyers Involved: Khondker Saiful Hoqu......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...Category: Procedural Law | Date: | Hits: 68
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......o the granting of the letter of administration under sections 10 and 11 of the Administrator General's Act, 1913 and on 10.6.87 the District Judge, Manikganj granted the letter of administration with power "to sell the ruined and dilapidated building and old furniture and fixtures of the said charit......
High Court Division
(Civil Appellate Jurisdiction)
Present:
Mainur Reza Chowdhury J
Hemendra Lal Homoeopathic Databya Chikitshalay and another………Appellants
Vs.
The Administrator General and Official Trustee...................Respondent
Judgment
January 16, 1991.
La...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
..
Category: Trust/Waqf Law | Date: | Hits: 183
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......2 are the daughters of the plaintiff. Their husbands are clever men. The defendant Nos.1 and 2 made attempts several times to grab the property of the plaintiff fraudulently. The plaintiff executed a power of attorney on 31.08.2004 in favour of defendant No. 4. On the basis of that power of attorney......ossain J Abdur Rahim…………………………………………Petitioner Vs. Momotaz Begum and others……………....Opposite parties Judgment July 27, 2011. Cases Referred to- Nizamuddowla Vs. Nurul Islam and ors. 22 DLR 277; Ramizuddin Miah Vs. Jarimunnessa and o......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
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