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Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......ce of the offence, which is the absolute discretion of the Magistrate. It is further submitted that the learned Magistrate after considering the evidence on record passed the order in exercise of his power under section 202 sub‑section (1) read with the provision to sub‑section (2)(a) of the Cod......n Criminal Motion No.65/III/89 under sections 435/436 of the Code of Criminal Procedure by which the order dated 28.8.89 passed by the Upazila Magistrate, Baniachong in GR Case No.30 of 1988 refusing to take cognizance of the offence under sections 147/148/302/427 and other sections of the Penal Cod......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..Category: Criminal Law | Date: | Hits: 89
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ...... Home Affairs, Government of Bangladesh, reported in 40 DLR (AD) 170 it has been held by the Appellate Division that the principle of natural justice is to be observed in the matter of exercising the power of cancellation of the licences of gun under section 18 of the Arms Act and that the order can......r……………Petitioners Vs. Secretary, Ministry of Home Affairs and others.............Respondents Judgment January 16, 1991. Result: The Rule is made absolute. Case Referred to- Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 40 DLR (A......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ..Category: Constitutional Law | Date: | Hits: 174
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......itted his guilt, tendered unqualified apology and has undertaken not to repeat the same in future and has thrown himself upon mercy of this Court. After considering the background of the case and the power to punish a person for contempt in extreme necessity, only to keep the flow of administration ......: D M Ansaruddin Ahmed J Abdul Hasib J Ayub Ali Mohaldar ............Petitioner Vs. Md. Shahjahan and others..........Opposite Parties Judgment August 14, 1990. Case Referred to- AIR 1961, Supreme Court, at page 1367. Lawyers Involved: Md. Abdur Rahim ‑ For the Pe......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..Category: Criminal Law | Date: | Hits: 84
....e on behalf of the respondent Bank which made the petitioner to suffer huge loss in 1982. The respondent Bank‑ also did not reschedule petitioner's loan in time and the petitioner has suffered huge financial loss also on that account. The factual case of the petitioner boils down to this that the .......
(5) Dues of the Bank may also be recovered by any other legal action without any ad valorem fee for the same.
(6) An officer (of the rank of Manager or above) of the Bank may exercise all the powers exercisable by a certificate officer under the Public Demands Recovery Act, 1913 (Bengal Act ......Court
High Court Division
(Special Original Jurisdiction)
Present:
AKM Sadeque J
Mainur Reza Chowdhury J
MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner
Vs.
General Certificate Officer, Collector......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407...
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......as Uddin Al Mamun demanded money from one Begum Khadija Islam, Chairman of Nirman Construction with assurance that an work order would be awarded to her for construction of an eighty (80) MW capacity power station in Tongi, BISIC Industrial Area through his close friend and business partner Tarique ......eration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....entary affidavit having been sworn in was filed wherein it has been stated that the suspension order in respect of the petitioner No.2 has been withdrawn by the authority with the observation that no financial loss has been caused to the bank and the bank has since been satisfied about its dues. The......oking the aid of section 339D of the Code of Criminal Procedure. The learned Deputy Attorney‑General, however, could not show any provision in the said section by which the court is vested with the power of revival of a case once stopped suo motu when such revival is not sought for by the Governme......d another, 34 DLR 238; MG Towab, Air Vice Marshal (Rid.) Vs. The State, 34 DLR (HC) 371. Lawyers Involved: KS Nabi, Advocate ‑ For the accused Petitioners. Amirul Kabir Chowdhury, Deputy Attorney -General ‑ For the State. Criminal Revision Case No.80 of 1989 (Khulna) and re‑numbere...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...Category: Criminal Law | Date: | Hits: 80
....has taken us through the impugned order passed by the Artha Rin Adalat, deposition of witnesses namely, P.W.-1 and D.W.-1 and other materials on record and then submits that Bangladesh Krishi Bank as financial institution executed total 5 agreements time to time with the defendant-company and thereu...... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......tion)
Present:
Sheikh Abdul Awal
M. Moazzam Husain
Bangladesh Krishi Bank……........................................................Appellant
Vs.
M/s. Dadajee Ice Plant and Cold storage Ltd. and others……….........Respondents
Judgment
May 10, 2010.
Lawyers Involved...... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 217
....ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
......regards obligation of the subordinate courts to abide by the decision of the apex court, to ensure compliance, to stop any scope of corruption either apprehended or actual, to stop misuse of judicial power and to ensure accountability and uniformity in the application of law.
35. We accordingly ......ota & Kamal Baksh & another Vs. Siraj Bakshi & others, 7 BLT (AD) 328, Bangladesh Vs. Helal Jute Press Ltd., 8 LG (2011) (AD 70.
Lawyers Involved:
Mosharraf Hossain Sarder, Deputy Attorney General with Mrs. Shahida Begum, Assistant Attorney General and Khondaker Moderesh Elahi, Adv......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ...... No.5 attracted a good number of clients in the process. The institution was formed and created by an Article of Memorandum registered under Joint Stock Companies and Firms wherein Article 6 provided powers and functions of the respondent No.5 which did not empower him to function in the capacity of......………………Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August 3, 2011. Result: The Rule is discharged without any order as to cost. Cases Referred to- Moazzam Husain Vs. The State 35 DLR (AD) 290; Mahbubur Rahman Sikd......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....tical purposes, the Bangladesh Energy Regulatory Commission Fund has its origin from diverse sources including grants from the Government. In such a posture of things, the pay, allowances and other financial benefits of the Chairman of the BERC are not solely dependent on the charges, money etc, r......Bangladesh) is a law and development policy research institute. It has been providing pro-bono legal services to various energy customer groups of Bangladesh and has been involved in other energy and power related issues. The respondent No.2 was appointed as the Chairman of the BERC under the impu......aw Dev (Bangladesh)......................................Petitioner Vs. Bangladesh and another... ................................Respondents Judgment February 24, 2011. Cases Referred to- Ruhul Quddus, Advocate Vs. Justice MA Aziz, 60 DLR 511; Aminul Haque Helal Vs. Justice Sultan...... Dr. Tureen A froze is the daughter of the Chairman of the petitioner and once by the Memo No. বিইয়ারসি/প্রশা-০৭৫/৫৫৩৩ Dated 13-11-2008, she was appointed as a Panel Lawyer on a retainer of Taka 1000 per mensem and she declined to work by her letter dated 20-1..Category: Employment/Service Law | Date: | Hits: 92
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......duction in computing the total income from house property under section 9 of the Act. Subsequently the Inspecting Joint Commissioner of Taxes, Range‑11, Dhaka (South) Zone, Dhaka in exercise of his power under section 34A revised the assessment order relating to assessment of income from house pro......section 10(2)(XVI) of the Income Tax Act; (ii) Whether on the facts and in the circumstances of the case, the learned Appellate Tribunal is justified in disallowing the repayment of loan amounting to Tk. 1,37,500.00. The assessee earned income, profits and gains from business and from house pr......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......ion by the Respondent No.1, the Deputy Commissioner Dhaka. In this connection, it is necessary to refer to the Regulations 12 and 13 of the Service Regulations, 1979 which run as follows: "12. The power to impose penalty upon a teacher under Regulation 11 shall vest in the authority competent to ......n (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Ghulam Rabbani J Abdul Khaleque (Md)………………….Petitioner Vs. Deputy Commissioner, Dhaka, Collectorate Building, PS Kotwali, Dhaka and others………………….Opposite Parties Judgment N......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369...Category: Employment/Service Law | Date: | Hits: 59
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......further submits that as the petitioner has large number of family members including the minor children he ought to be reinstated to his own post. The argument although is appealing but in exercise of power under Article 102 we are not authorised to declare the impugned order as made without lawful a......Wahab, Advocate ‑ For the Petitioner. Tufailur Rahman, Advocate ‑ For the Respondents. Writ Petition No.22 of 1987. Judgment AM Mahmudur Rahman J.- The petitioner in this Rule asks us to declare that the order made on September 29, 1986 by the respondent 1 has been made without lawfu......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ..Category: Labour and Industrial Law | Date: | Hits: 115
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......akness of his case and fill up the omissions. The discretion of the Court should not be used in favour of the plaintiff who was not diligent in getting the evidence filed although he could do so. The power under Order 41 rule 27 CPC is intended to be exercised when the Court considers itself unable ......Court. 3. Plaintiff respondent Abdul Hamid and others filed a Partition Suit being T.S. No.31 of 1960 in the 4th Court of Subordinate Judge, Dhaka for partition in respect of the land appertaining to CS Khatian No.11 of Mouja Pakiabad PS Kapasia District Dhaka. In addition to the usual share inhe......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ..Category: Property Law | Date: | Hits: 69
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......he face of record and as such the impugned judgment and decree must be set aside. 6. Mr. JN Dev, the learned Advocate for the plaintiff opposite parties, has raised a question as to the revisional powers of this Court vis‑a‑vis the powers of this Court under the unrepealed section 100 CPC. It......on) Present: Qazi Shafiuddin J Bangladesh .... ........................Petitioner Vs. Md. Aslam and others ............ Opposite Parties Judgment July 27, 1989. Cases Referred to- Ajirannessa Vs. Saper Mia, 30 DLR (SC) 41; Abdul Majid Vs. Nabiruddi, 22 DLR 360; Abdur Rashi...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....argo on appointment as teacher as put by the Director‑General and for appointment as teacher after the date of embargo the approval of the Director‑General as he is to take into consideration the financial limitation and several other reasonable factors. 7. It is admitted that petitioner was ......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ...... This is an application by Nikhil Kumar Sarker, Assistant Teacher, Goalundo Shahid Smrity Girl's High School under Article 102 of the Constitution of the People's Republic of Bangladesh with a prayer to issue Rule Nisi calling upon the respondents to show cause as to why the order dated 18.8.90 (Ann......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ..Category: Employment/Service Law | Date: | Hits: 82
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......he impugned order suffers from no error of law. 10. The only further question which has argued is whether it was permissible for the executing Court to entertain the application in exercise of its power under section 151 of the Code. Precisely, this question was also agitated in the case of Saleh...... Haroon and another .............................Petitioners Vs. Mst. Sufia Khatun and another ...........................Opposite Parties Judgment November 13, 1990. Cases Referred to- Usha Jain and others Vs. Manmohan Bajaj and others, AIR 1980 MP 146; Ramgulam Vs. Mahendra Ku...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...Category: Civil Law | Date: | Hits: 89
....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
...... a Professor and has also received the salary by rendering his service as a Professor, the order of appointment of the petitioner as Professor has been given full effect and it did not lie within the power of respondents to suspend the operation of the order of appointment in the manner as done by t......f Engineering and Technology, represented by its Vice Chancellor and another..................Respondents
Judgment
August 13, 1991.
Result:
The Rule is discharged without any order as to cost.
Cases Referred To-
Shiv Narayan Vs. Vice‑Chancellor, University of Sagar and anothe......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......-Inspector of RAB-1, Uttara, Dhaka lodged a First Information Report (FIR) with Gulshan Police Station on 26-10-2007 at about 20:05 hours alleging, inter alia, that he along with a contingent of high powered RAB-1 officials having received information, that there were a lot of Yaba tablets, phensydi........Appellant (In both Appeals) Vs. Amin Huda………………..................Respondent (In both Appeals) Judgment June 1, 2011. Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General instructed by B Hossain, Advocate-on-Record-For the Appellant (In both Appeals). A......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......to be enforced in writ jurisdiction arises out of statutory duty or sovereign obligation or public function of a public authority; (c) Where contract is entered into in exercise of an enacting power conferred by a statute that by itself does not render the contract a statutory contract, but ......erred To- Sassoon & Co. Vs. CIT Bombay City, AIR 1954 SC 470; Bangladesh Power Development Board Vs. Muhammad Asaduzzaman Sikder, 9 BLC (AD) 1. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mr. B Hossain, Advocate-on-Record-For the Appellants. Abdul Wadud B...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..Category: Business or Commercial Law | Date: | Hits: 267
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