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....ate appearing on behalf of the petitioner, has placed before us a decision of Mir Alauddin Ahmed Vs. Province of East Pakistan reported in 26 DLR 27 wherein it has been held that report of an officer holding inquiry is to be treated as a judicial order and reversal of such decision is permissible by......sion
(Special Original Jurisdiction)
Present:
Md. Fazlul Haque J
Md. Abdul Matin J
Mainul Haque (Md.)………………….Petitioner
Vs.
Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat Dhaka and others………..
Category: Employment/Service Law | Date: | Hits: 72
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....seek leave to appeal against the impugned judgment and order dated 25.8.2003 passed by the High Court Division in Writ Petition No. 1248 of 2003 making the rule absolute in part declaring that by not holding election according to law the action of the respondent has become illegal and directing the ......le of various transactions including election of Vice-President, Treasurer and Members of the Managing Board of the Society and that in the midst of the General Meeting the respondent No.4, presiding over the General Meeting, announced receipt of order dated 30.12.2002 (Anneuxre-D to the writ petiti..Category: Civil Law | Date: | Hits: 116
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
....te of mortgage deed and the suit has been filed within a period of 60 years. Accordingly both the courts below committed a gross error of law in construing the President's Order No. 88 of 1972 and in holding that the mortgage deed was executed in 1936 and section 95 of the State Acquisition of Tenan......n 1936 and section 95 of the State Acquisition of Tenancy Act was amended by promulgation of President's Order No. 88 of 1972 with effect from 03.08.1972 and the transaction is a past and closed one, overlooking the vital fact that the mortgagor's right of redemption within a period of 60 years limi..Category: Property Law | Date: | Hits: 60
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 28-6-93 passed by the Sessions Judge, Chandpur in Criminal Appeal No.69 of 1992 dismissing the appeal and upholding the judgment and order dated 30-9-92 passed by the Additional District Magistrate, Chandpur ......to take her in his house as the legally married wife but accused Hanif refused it and tried to kill the child in her womb. Eventually, she gave birth to a female child. A salish was subsequently held over the matter but the accused did not attend the salish hence the case. 3. Upon the aforesaid a..Category: Criminal Law | Date: | Hits: 67
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....davit-in-reply are reiteration of those made in the Writ Petition only with an added statement that the application of the petitioner resting with the authority for long has not been rejected and withholding decision upon petition is bereft of any justification. The petitioner also by filing its sup......eeking permission to commence classes of the University as stated in paragraph 5 of the Writ Petition but stated that the petitioner could not legally admit students without obtaining Sanad from the Government. The respondent 1 also stated that although the Hon’ble Minister directed to give Dr. Ra..Category: Others | Date: | Hits: 104
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
.... as appellant has preferred this appeal. 5. Mr. Md. Nurul Mostafa, the learned Advocate for the appellant, submits that the trial Court misconstrued the bainapatra Ext. 1 and committed an error in holding that the bainapatra has not been written at the instance of the executant Marani Paul. The l......r husband Chandra Kumar Paul is valid in law. The learned Advocate submits that since donor and the donee both belong to Hindu community, provision of Hindu Law being their personal law shall prevail over the provision of the Transfer of Property Act and the oral gift is therefore valid to confer ti..Category: Property Law | Date: | Hits: 51
....nti-Corruption is given on the basis of an order passed by the learned Metropolitan Magistrate, Dhaka sending the petition of complaint to the District Anti-Corruption Officer to take lawful steps on holding proper enquiry and the District Anti-Corruption Officer has got the lawful authority to issu......iginal Jurisdiction)
Present:
Kazi Ebadul Hoque J
AK Badrul Huq J
Abdul Hafiz (Md.) and others……………………. Petitioners
Vs.
Director General, Bureau of Anti-Corruption, Government of Bangladesh ………Respondents
Judgment
July 16, 1997.
Cases Referred To-
..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
.... rates partakes the nature of tax law. Dayal, J in the case of Firm ATB Mehtab Majid and Co. Vs. State of Madras and another, 1963 (SC) 928 observed; “We therefore allow this petition with costs holding the impugned Rule 16(2) invalid and order the issue of a writ of mandamus to the State of Ma......llsehaft mbh (DEG) which are international financing institutes. The company owns two container vessels and has invested about US$ 40.00 million on the project in private sector as per policy of the Government. One of the conditions of the said foreign investment was that the company shall be allowe..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....s of Phensidyl were recovered from the possession of the co-accused Md. Selim alias Montu and Nawshad Ali. The learned Sessions Judge and Special Tribunal framed charge against the accused appellants holding that the statements under section 161 Cr.P.C. can not be looked into at the time of framing ......Shaheb Ali 2. Abdul Hoque and 3. Md. Kabir against whom the police submitted final report. 2. The allegations against the accused-appellants and 2 others are that, six bottles of Phensidyl were recovered from the possession of Md. Selim alias Montu and Nawshad Ali who on interrogation told the po..Category: Criminal Law | Date: | Hits: 47
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....y Commissioner (General), Dhaka, as evidenced by Annexure “B” to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner was holding the revolver and a double barrel gun on obtaining due licences from the Government in 1987. ......urt Division (Special Original Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Riazuddin (Md.)……………………………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment July 29, 1999. Case Referred ..Category: Others | Date: | Hits: 105
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
.... order was challenged by the respondent being the writ petitioner before the Single Judge of the High Court of Allahabad by a petition under Article 226 of the Indian Constitution which was dismissed holding that the authority had acted pursuant to the terms of the contract and that the remedy lies ......urt High Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Md. Awlad Ali J Abu Mohammad ……………………………….Petitioner Vs. Government of the People’s Republic of Bangladesh & another……………Respondents Judgme..Category: Others | Date: | Hits: 95
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....the pre-emptor, named Semiruddin, Mukbul Ali and others, without mentioning the Khatian Number or plot Number of the same, the suit land can not be pre-empted, as it can not be treated as a part of a holding as defined in section 96 of the State Acquisition and Tenancy Act. Trial Court dismissed the......s not binding upon this Court. It has only persuasive force. After State Acquisition and Tenancy Act came in 1950 the owners and possessors of all kinds of lands have become direct tenants under the Government. The pre-emptor being a co-sharer and the purchaser, being stranger, case land being part ..Category: Property Law | Date: | Hits: 67
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
.... (iv) Complainants are 8 brothers and 2 sisters. None of the complainant’s brother came to depose before the Court and they were the competent witnesses to give evidence regarding the fact and withholding of those persons went against prosecution. (v) There is no corroborating evidence that ac......ions pressed into service the background of the case may be summed up which are as follows: Dud Mia Mazumder, the father of the informant-petitioner is the deceased in the case whose dead body was recovered by the police of Chauddagram Police Station from the bed of Dakatia river at Hossainpur. The ..Category: Criminal Law | Date: | Hits: 42
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....amendment of section 5A of the Prevention of Corruption Act, 1947 authorising a sub-inspector of police to investigate such cases or that the present investigating officer obtained any permission for holding such investigation from a competent Magistrate. So, it appears that the investigation of the......transferred the case record to the 5th Court of Additional Sessions Judge, Dhaka for disposal who framed charge under section 409 of the Penal Code against the accused petitioner. The charge was read over to him to which he pleaded not guilty and demanded trial. 4. It is submitted that the accuse..Category: Criminal Law | Date: | Hits: 62
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....৪/২৪০ dated 4-3-2004 (Annexure A) has cancelled the registration of the petitioner Company issued by it in favour of "Crown Beverage Limited" on the ground of violation of its condition No. 3 holding the petitioner responsible for marketing its products despite the BSTI's inability to grant ......d the BSTI is under responsibility to see whether commodities, having those standards and obtained licence from it, are properly maintaining the same, and for determining standard of an article, the Government used to send the particulars of the article for fixing its standard and since there is no ..Category: Others | Date: | Hits: 182
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....aneous Appeal No. 38 of 2000 the learned District Judge also dismissed the same on ground of limitation. The High Court Division however disposed of the Rule issued in Civil Revision No. 3257 of 2003 holding that none can file any preemption miscellaneous case against any vested property or land r......99 of 2007) Dr. Ashequr Rahman Khan.........Petitioner (In Civil Petition No. 1333 of 2008) Vs. Dr. Ashequr Rahman Khan and others.......Respondents (In Civil Petition No. 1498 of 2007) Government of Bangladesh & others.........Respondents (In Civil Petition No. 1499 of 2007) Moh..Category: Property Law | Date: | Hits: 62
Syed Muhammad Mashiur Rahman Vs. President of Bangladesh and others, 1996, 25 CLC (HCD)
....6 of the Constitution had been in fact amended by 13th Amendment Act. On the fact of the 13th Amendment Act it appears that those provisions were made only for a limited period for ninety days before holding general election after dissolution of the Parliament or before expiry of the Parliament. We ......the 6th Parliament of Bangladesh. By this 13th Amendment Act after Chapter II a new Chapter, namely. Chapter-II(a) has been introduced in the Constitution. Article 58 which provides for a Care-taker Government for a period of Ninety days after dissolution of Parliament or before expiry of the period..Category: Constitutional Law | Date: | Hits: 199
Abdul Majid Pramanik and others Vs. Md. Sorhab Ali and others, 2010, 39 CLC (AD)
....cord to show that the tenancy was created for non-agricultural purpose. The case land is admittedly situated in rural area. The homestead of the agriculture raiyat is included within the agricultural holding and, therefore, the institution of the case for pre-emption under section 24 of the Non-Agri......mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1...Category: Property Law | Date: | Hits: 54
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....lier suit that the cause of action for canceling the deed arose on 29.5.1980, and the same issues were decided between the parties in that suit; and that the present suit was not maintainable for not holding any enquiry under the Lunacy Act to prove that the plaintiff was a person of unsound mind. ......the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 54
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....) and followed in R.L. Kapur, (AIR 1972 SC 858), has been referred with approval in a recent decision in Delhi Judicial Service Association V. State of Gujarat, (1991) 4 SCC 406: (1991 AIR SCW 2419), holding that the view of this Court in Sukhdev Singh Sodhi is "that even after the codification of t...... it has in the eye of the law no existence [Oswald, Law of Contempt of Court 3rd Ed, Page-1]. In its origin, all legal contempt will be found to consist in an offence more or less direct against the Sovereign himself as the fountainhead of law and justice, or against the palace, where injustice was ..Category: Criminal Law | Date: | Hits: 163
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