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Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......holding as sub‑tenants under Syed Ahmed and running their respective business they are necessary parties to the suit and their presence would be necessary for proper adjudication of the issues. The power to be exercised under Order 1 rule 10 CPC is a discretionary one and has to be exercised judic......ur Rahman J Nurul Absar Chowdhury and others…….........Petitioners Vs. Haji Abdul Hoque Sowdagar.......................Opposite Parties. Judgment August 16, 1990. Cases Referred to- Messrs Importers and Manufacturers Ltd. Vs. Pheroze Fraturoze Taraporewala and others, 1953 ......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ..Category: Property Law | Date: | Hits: 67
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....itration agreement the umpire had no jurisdiction to make the award. In that case dispute arose with regard to certain amount paid to the company, Bengal Silk Mills Ltd. from time to time to help its financial difficulties out of the fund of the partnership firm of which Golam Hossain Ariff and his ......f the two agencies of the same Government must receive disapproval of this court. A luxury litigation, defying the decision to settle the dispute "once and for all" through arbitration of a very high power committee of the Government, should not be encouraged. In recording disapproval I seek support......om. 245; All India Groundouts Syndicate Ltd. 1949 Cal. 350; 1952 Patna 66; Kashinathsa Yamosa Kabadi Vs. Narisngsa Bhaskarsa Kabadi, 1961 SC 1077; Kashinathsa Yamosa Kabadi, 1961 (SC) 1077; KDH Laboratories Ltd. Vs. Pubali Bank and others, 40 DLR 1; M/s Adamjee Jute Mills Ltd. Vs. Chairman, Third La......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......ted and partisan and the learned Assistant Sessions Judge has further committed illegality in relying upon the Photostat copy of the post mortem report in the absence of the doctor in exercise of the power under Section 509A of the Code of Criminal Procedure, but without compliance of the requiremen...... Vs. State……………………………………………………………………Respondents Judgment September 3, 1992. Result: The appeal is dismissed. Cases Referred to- Abdul Karim Vs. State and others, 1981 BLD, (AD) 200; Sultan Muhammad Vs. Crown 1955 PLD Laho......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
.... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......an offer letter. It is further stated that since the matter is purely a commercial one which is not amenable to the writ jurisdiction; at best the petitioner may claim for compensation for it because power of cancellation is absolutely within the respondent No.3 as per tender notice Annexure-A to th......is also Reported in: ...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 133
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70......., for the interest of the Waqf Estate and that of the beneficiaries, has taken action under the authority vested in him by the Waqf Ordinance. 5. Mr. Maqsudur Rahman, the learned Advocate, filed a power on behalf of the respondent No.1, the Waqf Administrator. 6. The impugned order addressed t......me Court High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Tobarak Ali Sikder.....................Petitioner Vs. The Administrator of Waqfs……………...........Respondents Judgment November 4, 1992. Cases Referred......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......ppeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35.......g or calling for an explanation. Rule 51 of the Bangladesh Legal Practitioners and Bar Council Order and Rules, 1972 runs as follows: “51. The Tribunal after a case is referred to it, shall have power to suspend the Advocate concerned, pending enquiry against him and to vary or rescind such ord......Supreme Court) in this application under Article 102 of the Constitution prays for issuance of a Rule Nisi upon respondent Nos. 2 and 3 of the Tribunal No.1, Bangladesh Bar Council, Dhaka asking them to show cause why the order dated 13.3.91 (Annexures 1-3 ) passed by the respondent Nos. 2 and 3 sho......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35...Category: Employment/Service Law | Date: | Hits: 94
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ...... Yunus Mia was never the attorney of late Abdus Samad Choudhury and neither the said predecessor nor the petitioners are bound by his acts and deeds and the said Yunus Mia was never authorized by any power of attorney, registered or otherwise, to act on behalf of Abdus Samad Choudhury and that the a......……………………………..Petitioners
VS.
Upazila Revenue Officer, Patiya, Chittagong & others………………………Respondents
Judgment
June 12, 1991.
Cases Referred to-
Abdul Mannan & others Vs. Kuloda Ranjan Mowali & others, 31 DLR (AD) 195; Abu Bakkar ......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ..
Category: Property Law | Date: | Hits: 91
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......e and all Magistrates shall be independent in the exercise of their judicial functions. He has then emphasised that Article 116 of the Constitution which lays down that the control which includes the power of posting, promotion and grant of leave and discipline of persons employed in the judicial se......presented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Judgment February 20, 1995. Cases Referred to- State of Assam and another, appellant Vs. Kueseswar Saikia and others, Respondents, AIR 1970 ...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......cultivating under-raiyat or a group of rent-receiver, cultivating raiyat or cultivating under-raiyats who has or have undertaken large scale farming on a co-operative basis or otherwise by the use of power driven mechanical appliances or large-scale dairy farming may, if he is or they are certified ......wyers involved:
Hamidul Huq Chowdhury, Senior Advocate with A.Y. Mashihuzzaman, Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record - For the Appellant.
A.W. Bhuiyan, Additional Attorney-General instructed by A.W Malik, Advocate-on-Record - For the Respondent Nos. 2 & 3.
R......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......ing the dispute, but with no effect. 11. As to the scope of section 20 and the question of jurisdiction conferred on the Court. Dr. Kamal Hossain, referred to sub-section (4) of section 20 which empowers the Court to do the following; namely, (1) order the filing of the arbitration agreement in c......pondents Judgment May 18, 1982. Cases Referred To- Dhanrajamal Gobindram Vs. Shamji Kalidas and Co., AIR 1961 SC 1285; PLD 1952 Lahore 565. Lawyers Involved: A.W. Bhuiyan, Deputy Attorney-General instructed by A.W. Mian, Advocate-on-Record - For the appellant. Kamal Hossain, Se......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......uestion of fact, which cannot be interfered with under section 66(1); (b) so far as the provision of section 34A of the Income Tax Act is concerned the Inspecting Joint Commissioner of Taxes has wide powers to pass any order as the circumstances of the case may justify and in view of the aforesaid p......tion under section 66(1) of the Income Tax Act, filed by the assessee-appellant. The assessee, Mrs. Zebunnessa, has got a house at 119A, Dhanmandi Residential Area, Road No.2 Dacca, which she let out to the German Institute before the War of Liberation at a monthly rent of Tk. 4,000/- per month from......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56...Category: Fiscal/Taxation Law | Date: | Hits: 88
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......using unbearable sufferings to the people, law and order situation has deteriorated to an alarming state seriously threatening peace, tranquillity, stability and life with dignity and bickering for power among the members of the ruling party ignoring the duty to the state and jeopardising national......………….Petitioner Vs. Hamidul Huq Chowdhury and others..............Respondents (In Civil Petition Nos. 30 & 31 of 1982) And Syed Ali...............Petitioner Vs. Director-General, BDR and others.........Respondents (In Civil Petition No. 9 of 1981) And Mofizur ......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ...... Oudh have held that where an appeal is preferred from an ex parte decree and the decree is confirmed or otherwise disposed of in appeal, the Court which passed the ex-parte decree has no longer any power to entertain an application to set aside. This view was as taken in Dhonai Vs. Tarak, 12 CLJ......J Ruhul Islam J Badrul Haider Chowdhury J Md. Wasiq Khan..……....Appellant Vs. Md. Sabiq Khan and others....…….Respondents Judgment July 5, 1978. Cases Referred to- 19 DLR (Dacca) 81; Sajeda Khatun Vs. Mostafa Khatun, 28 DLR 221; Chajuram Vs. Neki, 26 CWN 6...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..Category: Procedural Law | Date: | Hits: 80
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......to these provisions will show that this Ordinance interferes with landlords right to property and freedom of contract only for the limited purpose of protecting tenants from misuse of the landlords power to evict them, by asserting their superior rights in property or trying to exploit their posit......y (Md.) @ Monjur Morshed and others.........Appellants Vs. Haji Abul Kashem Sawdagar and another........................................Respondents Judgment May 4, 2010. Cases Referred to- AKM Shamsuddin Vs. Dr. Aftab Uddin Ahmed, 12 BLD (AD) 81 = 43 DLR (AD) 230; Ramjan Ali Mistry......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ...... possession and asserted that the earlier suit was bonafide and the solenama was genuine. They, however, challenged the locus standi of Md. Hanif the attorney of the plaintiff on the footing that the power of Attorney filed in the suit was a forged one. 3. Both the Trial Court and the first appe...... Panday, Advocate on-Record—For the petitioners. B.B. Roy Chowdhury, Advocate, instructed by Abdur Rab-II, Advocate-on-Record—For the Respondent No. 1. Not Represented—Respondents 2 (a) to 2(A). Civil Petition for Special Leave to Appeal No. 189 of 1977 (From the Judgment and De......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ..Category: Property Law | Date: | Hits: 63
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......ress release was issued from the CCCI stating that in an alleged “Emergent meeting” at 2 PM on 14-3-2000 a no confidence motion was passed against the petitioner on the ground of alleged abuse of power and incompetence as the President of the CCCI. The petitioner claims that no notice of any suc......000) 659. ...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......quirement of law, as contained in sub-section (17) of the Statute 46 of the Dhaka University’s election laws. As a result the respective Presiding Officers were denied from exercising their ‘full power’ to dispose of ‘all points raised in the course of polling’. This has resulted in seriou......m, Shafique Ahmed, MA Halim, Kazi Kamrul Alam and AM Aminuddin - For the Respondents. Writ Petition No. 2314 of 1999. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why the impugned notification dated 18-6-99 (Annexure-D) declaring the said election r......egistered Graduates of Dhaka University, took part in the Senate election held in June this year, as candidates. They belonged to the panel collectively and unofficially called, ‘Jatiyotabadi Oikya Panel’. The respondent No. 2, the Vice Chancellor of Dhaka University, who was in charge of the el..Category: Election Law | Date: | Hits: 105
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....re, the claim of the plaintiff on this ground is not tenable in the eye of law. The plaintiff illegally obtained the order of arrest of the vessel and the owner of the vessel has suffered irreparable financial loss and damage and as such the plaintiff reserves the right to claim for the losses and d......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ...... 4. Ocean Wave Shipping Ltd. 93, Motijheel, C.A. (4th Floor), Dhaka………......Defendant Judgment March 1, 2010. Result: That the suit be decreed in part with cost. Case Referred to- M/S Shahnaj Traders Vs. MV SLETTER and others, 7 BLT (AD) 381. Lawyers Involved: Dr. M.......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......res of Article 25 of the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President’s Order No.16 of 1972), shortly the Order, for the said article did not delegate any power to the Government to make rules with retrospective effect. 29. Mr. Mahmudul Islam also subm.......1 (In FA No.85 of 1997 and FA No.158 of 1999). M Nurullah with AQM Safiullah, Mohammed Ullah and Ashraf Kanial, Advocates - For Respondent Nos. 2 and 3 (In FA No.85 of 1997). Mahmudul Islam, Attorney-General - For the Appellants (In FA No. 158 of 1999). Syed Ishtiaq Ahmed with Syed Refaat ......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ..Category: Tenancy Law | Date: | Hits: 135
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