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Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....he power so confirmed will be misused.” 12. It is pertinent to be mentioned here that when a statute provides guidelines and/rules and/or regulations having been framed for exercise of the discretionary power, the exercise of such discretionary power should be in accordance with the guide......e substantive application and other materials on record in order to attain a proper decision. 8. It is incredibly correct that the disputed question of fact cannot be determined by invoking writ jurisdiction. It is apparent from the Annexure-"H" to the writ petition that after cancell..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......wn, thereby, by necessary construction making it an impossibility to further invoke the section 19 provisions on ex-parte hearing and disposal. In the present case, the court having assumed jurisdiction to proceed with the case ex-parte under section 10(1) of the Ain there resultantly rema..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......acts of the instant case seems to us are similar. However, on discussions of that decision there are so many cases which are distinguished from the present case. On perusal of another decision of our jurisdiction in the case of Shabitribala Vs. Rohinikanta Mondal, reported in 4 DLR 11, wherein their..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......we do not want to embark upon vividly touching upon the merit of the case rather we think it would be worthwhile to leave the matter to be decided by the respondent No.1. Bangladesh Bank within their jurisdiction conferred under section 45 m CGal fGhaX 49 (KM) of Bank Companies Act. 1991 read with A..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......tion No. 3859 of 2008) has already held that the Tribunal cannot pass an order dismissing the appeal for default, the order passed by the Tribunal dismissing an appeal for default is an order without jurisdiction and, as such, appeal should lie against the same before the High Court Division under s..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ....... 3. Mr. Ahmed Nowshed Jamil, the learned Advocate for the petitioner centres his arguments mainly on the contention that the Artha Rin Adalat constituted under Artha Rin Adalat Ain did not have jurisdiction to entertain the miscellaneous case filed by respondent No.2 under Article 27 of Presid..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......and order of conviction passed by the court below. 11. Leave was granted to consider the submissions made on behalf of the appellants that the learned Assistant Sessions Judge, Chandpur has no jurisdiction to hear and dispose of the criminal Appeal which arose out of judgment and order of co..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......er port can only be resolved finally and completely by way of a policy decision at the highest level of the government and the said dispute is not at all justifiable in exercise of the writ jurisdiction of this court. Therefore, we find that the instant writ petition is not maintainable. ..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ...... taking cognizance of the offence; in that case sanction for prosecution or taking cognizance of the offence is mandatory and in absence of such previous/prior sanction the Court has no authority and jurisdiction to take cognizance of the offence and to proceed with the trial. If the Court proceeds ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......sion represent by its Chairman Vs. Md. Enayetur Rahman reported in 8 LG(2011)AD 153 = 64 DLR(AD)14, the Appellate Division has categorically observed while deposing the issue as to invoking writ jurisdiction for challenging criminal proceedings; the relevant portion ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ...... not been properly given as such the impugned order of taking cognisance of the schedule offence of the Anti-Corruption Commission Act, 2004 by the learned Senior Special Judge is illegal and without jurisdiction for which all these rules issued in these writ petitions are liable to be made absolute..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ...... section 5 (2) of the Prevention of Corruption Act. 1947. He further submits that these are question of facts need to be decided by adducing evidence at the trial court and this court exercising jurisdiction under section 561A of the Code of Criminal Procedure cannot decided on the factual aspe..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
.... totally overlooked the promises made by the defendant and stressed upon the non-payment of the balance consideration by the plaintiff, and submits that the relief for specific performance being discretionary, the High Court Division erred in law in affirming the decree for specific performance......assist where there has been undue delay on the part of one party to the contract, and the other has given him reasonable nothing that he must complete within a definite time. Nor will it exercise its jurisdiction when the character of the property or other circumstances would render such exercise li..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42