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Ataur Rahman Vs. Secretary, Ministry of Com­munication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others, 1997, 26 CLC (HCD)

....ssion of the Ferry ghat in time. After careful consideration the authorities took decision to extend his lease from 1‑7‑96 to 10‑1‑97. Such decision of the authorities is reasonable, just and proper and not arbitrary,capricious or the result of any behind the scene intrigues. The legitimate ......ginal Jurisdiction) Present: Mainur Reza Chowdhury J Md. Iftikhar Rasool J Ataur Rahman……………………………Petitioner Vs. Secretary, Ministry of Com­munication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others………………………………......how cause as to why the order dated 2‑6‑96 (Annexure‑C) issued by the respondent No.3 in favour of respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect. 2. The following is the brief case of the petitioner. The petitioner is an establis..

Category: Civil Law | Date: | Hits: 178

Lalima Begum and another Vs. Chairman, Court of Settlement, 1st Court, Dhaka and another, 1997, 26 CLC (HCD)

....visions) Ordinance, 1985 (Ordinance No. 54 of 1985) against respondent No.2 Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development, praying for exclusion of the case property in Holding No. 8B/B, 2nd Colony, Mirpur, Dhaka from the ‘Kha' list of the abandoned build......This case is also Reported in:49 DLR (HCD) (1997) 325. ......daughters, vendors of the petitioners, there was no occasion for the Government for enlisting the case property in the list of abandoned buildings and, as such, the impugned Gazette Notification is illegal, arbitrary and without lawful authority. Mr. Masood R Soblian further submitted that having re..

Category: Property Law | Date: | Hits: 116

Sultan Ahmed @ Md. Sultan Ahmed Vs. Chairman, Divisional Labour Court, and others, 1993, 22 CLC (HCD)

....stant. The petitioner then filed the case before the Labour Court, Khulna being Case No.C‑57 of 1988 alleging that no proceeding as required under the rules was drawn up against him and that no proper enquiry was held. It was also alleged before the Labour Court that he was not also heard in p...... Jurisdiction) Present: Naimuddin Ahmed J Md. Golam Rabbani J Sultan Ahmed @ Md. Sultan Ahmed…………………………………Petitioner Vs. Chairman, Divisional Labour Court, and others……………………………………Respondent Judgment April 20, 1993. Res......application under Article 102 of the Constitution the Judgment and order passed by the Labour Court, Khulna, in Complaint Case No. C‑57 of 1998 on 31‑7‑89 has been called in question as being illegal and without lawfull authority. 2. The petitioner of this writ petition Sultan Ahmed alias M..

Category: Labour and Industrial Law | Date: | Hits: 141

Serajul Islam Vs. State, 1996, 25 CLC (HCD)

....the order of detention of the detenu Shazzad Hossain on three grounds:- ­Firstly, the grounds as mentioned in Annexure‑B, are all vague and indefinite which has prejudiced the detenu in submitting proper and effective representation before the Advisory Board. His second contention is that in the ...... made absolute. Cases Referred to- Abdul Latif Mirza Vs. Bangladesh, 31 DLR (AD) 1; Jahanara Begum Vs. State, 46 DLR 107; Hasina Karim Vs. Bangladesh, 44 DLR 366; Yeasmin Akhter, 15 BLD 655; IskandarLashker, 47 DLR 12. Lawyers Involved: Moudud Ahmed with S. M. Emdadul Hoque, Advocates ......e representation before the Advisory Board. His second contention is that in the grounds one good ground has been mixed up with several indefinite grounds and this has rendered the entire detention illegal and on this point he has referred to the decision reported in 31 DLR (AD) 1 and 46 DLR 10..

Category: Criminal Law | Date: | Hits: 127

International Finance, Investment and Commerce Bank Ltd. (IFIC Bank Ltd) Vs. Abdur Rahman and Others, 2012, 41 CLC (AD)

.... it sanctioned a loan of Tk.1,00,000/-. The time of repayment of the loan was up to 30.12.1987. Defendant No.1 executed all the charge documents in favour of the bank and defendant No.2 mortgaged his property as described in the schedule to the plaint as the guarantee of the loan. In addition to abo......p;  Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J International Finance, Investment And Commerce Bank Ltd. (IFIC Bank Ltd)….......Appellant Vs. Abdur Rahman and Others……………………………..Respondent Judgment April 8, 2012. Result: ......e revisional Application is not maintainable on that count also. He lastly submits that in fact, the disputed property was mortgaged with the plaintiff-petitioner and that the plaintiff petitioner is legally entitled to recover that amount. 10. Mr. Md. Nurul Amin, learned Advocate appearing on be..

Category: Civil Law | Date: | Hits: 174

Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)

....poration, Rajshahi, Subsequently she executed a general power of attorney in favour of the opposite party No.1 in respect of the house. At the same time she entered into an agreement to sell the said property to the Attorney with all encumbrances and loans and dues to the House Building Finance Corp......urt High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J KM Hasan J Begum Shamsunnahar Chowdhury...............Petitioner Vs. Md. Masud Jamal and others................Opposite Party Judgment November 23, 1994. Result: The Rule is...... was advanced to the plaintiff‑petitioner. Therefore, without a tripartite agreement among the plaintiff, defendant No.1 and the House Building Finance Corporation any transfer of the property is illegal, void and not binding and consequently, the power of attorney is also illegal and of no legal ..

Category: Civil Law | Date: | Hits: 132

State Vs. Abdul Awal, 1983, 12 CLC (HCD)

.... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ......bsp; Government Appeal No.1 of 1980. Judgment Mustafa Kamal J.- This appeal against acquittal raises the point as to whether the nationalised Sonali Bank comes under the purview of the Shops and Establishments Act, 1965 (Act No. VII of 1965), hereinafter referred to as the said Act. 2. T......running several other public sta­tutory bodies before the liberation of Bangla­desh. The nationalised banks, in their struc­ture and organisation, were conceived to be public statutory bodies. The legal character of these public statutory bodies, their structu­res, the methodology of their funct..

Category: Others | Date: | Hits: 163

Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)

....learned Assistant Judge, 5th Court, Dhaka in Title Suit No.244 of 1999 decreeing the suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the suit land belonged to the minor d......e Court High Court Division (Civil) Present: Shahidul Islam J Hanif Chowdhury alias Serajul Islam Chowdhury………………………Defendant-Petitioners Vs. Mohammad Hasan Ali and another………………………………Plaintiff-Opposite Parties Judgment March 22, 2......ic Relief Act is a bar in granting the relief as sought in the suit. In the case of Mehem Hossain and others Vs. Nazrul Islam and others, reported in 46 DLR 86 it has been held that mother is not the legal guardian of the immovable property of a minor children though she may be in charge of the same..

Category: Civil Law | Date: | Hits: 129

Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)

....ption Act, 1947 (Act No. II of 1947); section 5(2) To establish the charge under clause (c) of sub-section 5, the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him and he dishonestly or fraudulently misappropriated or conve......Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......, that motorcycle was seized by the GD entry No.182 dated 07.11.1993 at Dhamoirhat police station as the stolen motorcycle of Akkelpur police station case No.2(6) 1991 that the seized Motor Cycle was legally delivered to the owner accused Abu Zafor Sidddiky by the concerned Magistrate as per the pro..

Category: Criminal Law | Date: | Hits: 109

Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....ioner (Annexure- E) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper: 2. The facts leading to the issuance of the Rule, in brief are: 3. On 01.06.2005, the ...... Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Mongal Paita Perkhiddah College………………………….Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment April 23, 2007. Resul...... of respondent No.2 cancelling the Monthly Payment Order (shortly, MPO) of the college of the petitioner (Annexure- E) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..

Category: Others | Date: | Hits: 112

Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)

....nd analyse the evidence whether the decision taken by the appellate Court caused any miscarriage of justice. 18. We are now called upon to scrutinize the material evidence on record to arrive at a proper decision in this case. 19. Prosecution has examined 9 witnesses P.W.1 Janab Ali deposed th......d down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......tly striked the standing Rangpur Bus No.JA-63 whereby the passengers sitting on the roof of Rangpur bus to fell on the ground and ran over by the wheel and died on the spot. These allegations have no legal value unless the allegations are substantiated by the reliable and convincing evidence. 30...

Category: Criminal Law | Date: | Hits: 119

Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)

....r of the plaintiff bank for repayment of the above loans, being Director of the defendant No. 1 the defendant Nos.7-9 apart from executing personal guarantees also created equitable mortgage of their properties as mentioned in the schedule of the plaint as Security for the loans and the defendant No......IFIC Bank Ltd. & Others………….....Respondents Judgment July 30, 2005. Result: The petition is dismissed. Case Referred to: Guhlam Rahman vs. National Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record - F......ered the matter and refused to strike off the name of the petitioner. The learned judges of the High Court Division also correctly refused to interfere with this interlocutory matter as there is no illegality in passing those orders". 6. The High Court Division accordingly made the Rule absolu..

Category: Civil Law | Date: | Hits: 122

Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)

....9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......reme Court High Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Kazi Ebadul Hoque J Nurul Huda Miah (Md)……………Petitioner Vs. Dhaka Water Supply and Sewerage Authority and others……………Respondents Judgment May 25, 1992. Result: ......the respondent No.2 was hostile to him and both of them kept the petitioner under suspension and when he issued notice demanding justice for filing writ petition No.285 of 1989 challenging impugned illegal order of suspension the respondent Nos.1 and 2 in post haste framed frivolous charges against ..

Category: Employment/Service Law | Date: | Hits: 231

Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Khademul Islam Chowdhury J Akramuzzaman ……………..Petitioner Vs. Government of Bangladesh and others……………..Respondents Judgment December 8, 1999. Result: The Rule is d...... asked to show why clause (Ga) of the order dated 21-4-98 issued by respondent Nos.2 and 5 (Annexure-G) should not be declared to be void and to have been issued without lawful authority and is of no legal effect. In Writ Petition No.2241 of 1999 the impugned order Annexure-H which was issued on the..

Category: Others | Date: | Hits: 170

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....ustoms and Excise) Cadre and if so how should their seniority be determined. After receiving the reply from the Ministry of Establishment a final decision could be made about these officers on making proper evaluation about their performance whilst under deputation.” 13. A copy of the minutes o......sh Vs. Saifuddin Ahmed, 50 DLR (AD) 27; 3 BLC (AD) 6. Lawyers Involved: M Amir-ul Islam, Advocate - For the Petitioner AM Aminuddin, Assistant Attorney-General - For the Respondent Nos. 1, 5 and 6. Mahmudul Islam, Advocate - For the added-Respondent Nos. 7-10. Abdur Rab Chowdhury, Adv......nnexure-O and O(1). Accordingly, the Ministry of Commerce, respondent No.5, sent a Memo on 29-5-95 to the Hon’ble Prime Minister recommending for abolition of the 23 posts while confirming that the legal requirement for abolition of these posts as laid down in BCS (Trade) Cadres Organogram and Cad..

Category: Employment/Service Law | Date: | Hits: 186

Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)

....10.2008 giving reasons as to why the licence should not be revoked. Such rea­sons included, inter alia, the fact that the customs agents licence was issued by the licensing authority after following proper and lawful procedures as set out in the Customs Act and the 1986 Rules and that there is no p...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Bangladesh repre­sented by the Secretary, Ministry of Finance and others……..Petitioners Vs. CMA CGM Bangladesh Shipping Limited……………...R......ouse (Import) Chittagong and the respondent No.5 is the Deputy Commissioner of Customs, Member, Licensing Board, Customs House, Chittagong. The petitioner is aggrieved by the impugned arbitrary and illegal order bearing order No.S12-98/Shipping/Li:/2008/1473(01)-Cus dated 20.10.2008, issued by the r..

Category: Administrative Law | Date: | Hits: 318

Jamaluddin (Md.) Vs. Income Tax Appellate Tribunal, Chittagong Branch, Chittagong, 1997, 26 CLC (HCD)

....ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 279. ......n the appeal of the petitioner under section 158 of Income Tax Ordinance, 1984 by impugned order dated 29‑1‑90 (Annexure‑B) to the petition should not be declared to be without lawful authority and of no legal effect and why he should not be directed to entertain and hear and dispose of the sa......al of the petitioner under section 158 of Income Tax Ordinance, 1984 by impugned order dated 29‑1‑90 (Annexure‑B) to the petition should not be declared to be without lawful authority and of no legal effect and why he should not be directed to entertain and hear and dispose of the said appeal...

Category: Fiscal/Taxation Law | Date: | Hits: 221

Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)

.... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ......rted in: 49 DLR (HCD) (1997) 277. ......quent Memo dated 21‑5‑1991 (Annexure‑H) and Memo dated 28‑7‑1991 (Annexure‑J) passed by the respondent No.5 should not be declared to have been made without any lawful authority and of no legal effect. Rule in Writ Petition No.2435 of 1992 was issued at the instance of the petitioner M/s..

Category: Others | Date: | Hits: 146

Bangladesh Water Develop­ment Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)

....lication before the learned Subordinate Judge (Annexure‑A) asserting that Mr. Moksudur Rahman, having resigned as a Judge before his confirmation and being a practicing lawyer since then, was not a proper person for appointment as an arbitrator and that this appointment of Mr. Maksudur Rahman by t...... Division (Civil Revisional Jurisdiction) Present: Md. Abdul Karim J Syed Amirul Islam J Bangladesh Water Develop­ment Board....................Petitioner Vs. Zakir Construction and Co. and another.....................Opposite Parties Judgment November 16, 1995. Result......half of the opposite party to opposite the Rule. 6. Mr. Fazlul Hoque submits that by appointing Mr. Moksudur Rahman as an arbitrator in the case, the learned Subordinate Judge did not commit any illegality and that Mr. Moksudur Rahman was appointed as Assistant Judge and he was confirmed as a Jud..

Category: Alternative Dispute Resolution | Date: | Hits: 521

British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)

....e to termination by 30 days notice on ether side. By a letter dated 15‑1‑94 Bangladesh Air Services Pvt. Ltd. informed the Manager of the Petitioner in Bangladesh about a dispute from unjust or improper interference by the latter causing substantial financial loss to well over taka twenty‑five...... Bangladesh Air Services Pvt. Ltd..................Opposite Party Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (C......of Exception I to section 28 of the Contract Act, which keeps arbitration outside the ambit of ordinary tribunals. Mr. Chowdhury further submits that learned Arbitration and Subordinate Judge acted illegally in failing to consider that clause 14 of the agreement clearly provides that the arbitration..

Category: Alternative Dispute Resolution | Date: | Hits: 304