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Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......e impugned order rejected the application on the ground that the same was filed out of time by 7 days. The Appellate Tribunal further observed that the appeal being under special statute, it had no power to condone the delay; hence, this petition for leave to appeal. 5. Heard Mr. Korunamoy Chak......ther..........................Petitioners Vs. Md. Abdul Karim.......................................Respondent Judgment May 22, 2011. Lawyers Involved: Karunamoy Chakma, Deputy Attorney-General instructed by B Hossain, Advocate-on-Record—For the Petitioners. Sheik Mohammad ......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......herefore, that the jurisdiction exists." It is further held that: "But the Joint Stock Companies Act 1857 section 9, greatly increased the effect of the earlier enactment, for it expressly gave power to decide questions of title arising between two or more alleged holders of shares." It is ......esent: Mozammel Hoque J Mohiuddin Ahmed and others…….………Petitioners. Vs. Lutfur Rahman and another……………Respondents. Judgment May 31, 1990. Cases Referred to- Sirish Chandra Das Vs. Sri Sri Chhatteswari Debi Bigraha, 38 DLR (AD) 283; AR Shaw Vs. The Di......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......tution, being discriminatory, inasmuch as, in the absence of any guiding principle as to the procedure to be followed in revoking or cancelling the passport there is every possibility of misusing the power by the authority concerned. According to Mr. Huq the passport authority has, in fact, misused ......oner Vs. Government of Bangladesh, represented by the Secretary of Home Affairs, Bangladesh Secretariat, Dhaka and others ............Respondents Judgment July 17, 1990. Cases Referred to- Government of Pakistan and another Vs. Dada Ameer Haider Khan, PLD 1987 (SC) 504; Schmidt Vs.......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......the impugned order of the learned Munsif directing detention of defendant No. 2 to civil prison is not sustainable in law. Moreover, the circumstances of the case do not warrant an exercise of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impu......ury J Mohammad Mofizuddin ..........................Petitioner Vs. Mohammad Firoj Alam and another……………..…..…….Opposite Parties Judgment July 31, 1991. Case Referred to- Secretary of State Vs. Mask, AIR 1940 PC 105. Lawyer Involved: S A M Mahbub Elahi, Adv......of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ..Category: Civil Law | Date: | Hits: 84
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......mpensation at the rate of 12% per annum till realisation of decretal amount against the defendant Nos.1, 2 and 3. 4. The defendant No.3 itself and on behalf of the defendant Nos.1 and 2 has filed power and written statement contending, inter alia, that the defendant No.3 is not in any way liable......ocate ‑ For the Defendants. Admiralty Suit No. 8 of 1982 Judgment Md. Mozammel Hoque J.- The plaintiff has instituted this suit on the allegations, inter alia, that the plaintiff is a statutory corporation carrying on business in general insurance of all kinds excepting life insurance thr......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ...... any complaint which has been dismissed under section 203 or sub‑section (3) of section 204". It is apparent that under the provisions of said section 436 the Sessions Judge has been expressly empowered to direct a District Magistrate or any Subordinate Magistrate to himself make further inquir......Ahmed and others…………………………………..Petitioners Vs. State and another……………………………….opposite parties Judgment August 5, 1990. Cases referred to- Emperor Vs. Maunga Ba Thon, 32 CrLJ, 950; Abdus Salam Master Vs. The State,36 DLR (AD) 58. ...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ..Category: Criminal Law | Date: | Hits: 78
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......respassers, they having no right, title and interest in the property. It is the further case of the Bangladesh Mukti Judda Kallayan Trust that eviction was caused by the Government in exercise of the power under Ordinance 24 of 1970 namely, the provision of law authorizing the Government to take kha......t…………………………………………Appellant Vs. Nurul Hossain and others……………………………………..Respondents Judgment December 18, 1990. Case Referred to- Abdul Jalil Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) 42. Lawyers Involved: Md. Hanna......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ..Category: Property Law | Date: | Hits: 389
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
.... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ......5 are as follows: "(1) there shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic: Provided that nothing in this clause shall prevent Parliament from delega......others …………………………Petitioners Vs. The Election Commissioner, Shere Bangla Nagar, Dhaka…………..……………Respondents Judgment April 2, 1991. Cases referred to- Grey Vs. Pearson, (1857) 6 HLC 61,106; Duke of Buccleuch, (1889) 15 PC 86, 96. Lawyers Inv...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......f the Government, was absconding and/or concealing himself so that the said order of detention passed against him cannot be executed, the Government in the Ministry of Home Affairs in exercise of its power under section 7(b) of the Special Powers Act made the following notification on January 23, 19...... Union of India and others Vs. Haji Mastan Mirza, AIR 1984 (SC) 681; Moazzem Hossain Chowdhury Vs. Bangladesh and others, 43 DLR 186; Dr. MO Ghani Vs. ANM Mahmood, PLD 1966 Supreme Court 802; Director of Public Prosecutions Vs. Head (1958), 1 All ER 679 (6861) Sultan Ali Naghiana, AIR 1949 (Lahor......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ..Category: Criminal Law | Date: | Hits: 88
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......n. The original layout plan provided such amenities by earmarking some land as parks, play grounds, community centres, school, mosques etc. Therefore the contention of RAJUK that in exercise of its power under section 40(h) it can change the layout plan converting the open spaces into residential ......ases Referred To- Bangalore Medical Trust Vs. BS Muddappa reported in AIR 1961 (SC) 1902; Giasuddin Vs. Dhaka Municipal Corporation 17 BLD 577= 49 DLR 199. Lawyers Involved: AF Hasan Arif, Attorney General, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioners. (In both the......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ..Category: Property Law | Date: | Hits: 92
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......d passed by this sole arbitrator is illegal. The learned Advocate has contended that both the Courts below have failed to take into consideration that section 8 of the Arbitration Act, 1940 has given power to the Court to appoint an arbitrator in the circumstances where any appointed arbitrator fail......or the Petitioner. Azizul Hnque, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not Represented—For the Respondent No.2-3. Civil Petition for Leave to Appeal No. 1686 of 2009. (From the judgment and order dated 18-5-2009 passed by the High Court......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ..Category: Alternative Dispute Resolution | Date: | Hits: 182
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....were dispossessed by them by force from the suit property on 16.09.1997 and also denied the fact of looting away the goods from the suit property including from the tenanted rooms and shops causing financial loss of Tk.20, 00,000/-(twenty lacs) and the facts of getting rents from the tenants to th...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344....... G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Review Petition No.90 of 2010. (From the judgment and order dated 6.5.2010 passed by the Appellate Division in Civil Petition for leave to appeal No.1359 of 2009). Order Syed Mahmud Hossain J.- This application for review arises...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344...Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......tion did not consider some questions involved in the matter they are unable to agree with the views taken by them, that the PSC was compelled to, follow the direction of the Government which had no power to interfere with the business of the PSC, and that the report of the media could not be the......985) 1 SCC 122; Union of India Vs. Hindustan Development Corporation, AIR 1994 SC 988; Punjab Communications Ltd. V. Union of India, AIR 1999 SC 1801. Lawyers Involved: Murad Reza, Additional Attorney General (with Akram Hossain Chowdhury, Deputy Attorney General), instructed by Mrs. Sufia Kha......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ..Category: Constitutional Law | Date: | Hits: 247
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ...... on the other hand, submits that for granting temporary injunction the Court need not go into the merits of the case. If there is a prima facie case, it can grant an injunction. It is a discretionary power of the Court and should not be interfered with a revisional application however wrongly exerci......, in short are that the plaintiff opposing party instituted Title Suit No. 470 of 1984 against the defendant petitioners for permanent injunction restraining the defendant petitioners from entering into the suit land and from disturbing the plaintiff's peaceful possession of the same. The suit land ......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..Category: Property Law | Date: | Hits: 101
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......was removed from office in total conformity with the bye‑laws of the petitioner‑federation and rule 42 of the Co‑operative Societies Rules, 1987. He further submitted that the Government has no power to enquire into the dispute about the office of the Chairperson and to pass any ad interim ord.........Respondents. Judgment December 2, 1992. Lawyers Involved: AFM Mesbahuddin, with A Baset Majumder & Md. Mohsen Rashid, Advocates ‑ For the Petitioner. AF Hasan Ariff, Deputy Attorney‑General - For the Respondents 1‑3. Syed Mokaddas Ali, Advocate ‑ For respondent No.5......eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324...Category: Others | Date: | Hits: 136
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......n the said examination, the University authority instead of cancelling the results of all the examinees of the said centre under Article 19 of the Conduct of Examination Ordinance, constituted a high powered Inquiry Committee comprising Senior Teachers of the University, members of the Syndicate and......ocate ‑ For the Respondents.
Writ Petition No. 868 of 1991
with
Writ Petition No.1560 of 1991.
Judgment
Quazi Shafiuddin J.- In Writ Petition No.368 of 1991, 40 petitioners joined together and obtained the Rule challenging the validity of the impugned order (Annexure F) dated 31....... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292...
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......nt and order passed by the High Court Division on merit. Mr. Foez Siddique referred to the case reported in 39 DLR in support of his contention that a Court will not presume the existence of inherent power to do that for which specific provision has been made in the statute and should not invest its......ccess in the same. 4. Mr. Abdul Huq the learned Counsel appearing for the Petitioner, submits that no notice was ever served upon the plaintiff opposite parties in the revision case. There appears to be simply a report of the District Judge, Kushtia, that oil search of ‘khatapatra’ it appears......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..Category: Property Law | Date: | Hits: 90
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......ি দমন কমিশন আইন ২০০৪ read with rule 20 of the দুর্নীতি দমন কমিশন বিধিমালা ২০০৭, the learned Sessions Judge is empowered to accept such applications as are made to him on behalf of the respondent No.1 and accordin......…..Petitioner Vs. Chairman, Anti-Corruption Commission and others..................Respondents Judgment February 25, 2010. Result: The Rules are made absolute. Cases Referred to- Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman, Deputy Director, Bureau of Anti-Corruption, ......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ..Category: Anti-Corruption Laws | Date: | Hits: 200
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......ying any suit transferred withdrawn under this section from a Court of Small Causes shall, for the purpose of such suit be deemed to be a Court of Small Causes." 13. This section confers a general power to transfer, withdraw and retransfer suits, appeals or other proceedings at any stage on the a......e J Saroj Kumar Sarker and others ......................Petitioners. Vs. Manoj Kumar Sarkar………………………….Opposite Party. Judgment February 5, 2007. Cases Referred to- Ayesha Vs. Daleep A 1961 Raj 186, Geyer Vs. GA 1949 L 34; Rosamma Joseph Vs. PC Sabastian, AI...... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25...Category: Property Law | Date: | Hits: 68
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......the matter of inquiry before the decision to issue the notice is an administrative matter and is not justifiable and that the notice issued by the Deputy Director (DD) was in accordance with law, the power having been delegated to him under the ACC Act and Rules. 6. In reply, the petitioner filed......or the Petitioner. Md. Khurshid Alam Khan, Advocate-For Respondent No. 3. Writ Petition No.189 of 2010. Judgment Md. Imman Ali J. - A notice dated 30-12-2009 was issued by the Deputy Director, Anti-Corruption Commission, Integrated District Office ‘সমন্বিত জেলা ......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20...Category: Anti-Corruption Laws | Date: | Hits: 154
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