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A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......said meeting and that the last election of the Society took place on 22.06.1999 electing the Managing Board for 3 years i.e., up to 31.12.2001 and that the President of the Society in exercise of the power under Article 9(1) of Bangladesh Red Crescent Society Order, 1973, hereinafter referred to as ......t Appellate Division (Civil) Present: K M Hasan CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J A. F. M. Obaidur Rahman, Secretary General of Bangladesh Red Crescent Society, Attorney and others………………......Petitioners Vs. Md. Asgar Ali and others…………......ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ..Category: Civil Law | Date: | Hits: 116
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125....... on record have been perfectly justified in passing the impugned order of conviction and sentence which suffers from no legal infirmity to justify any interference by this Court exercising revisional power under section 439 of the Code of Criminal Procedure. The learned Assistant Attorney-General fu....... Petitioner Vs. State…………….Opposite Party Judgment August 2, 1998. Lawyers Involved: Faisal Mahmud Faizee, Advocate — For the Petitioner. Kh Mahbub Alam, Assistant Attorney- General — For the State. Criminal Revision No. 740 of 1995. Judgment Gour Gopal S......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...Category: Criminal Law | Date: | Hits: 68
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ......stitution does not provide for any review of the judgments, decree, order, etc. passed by the High Court Division. Article 105 of the Constitution sets out: “The Appellate Division shall have power, subject to the provisions of any Act of Parliament and or any rules made by that division to ......98. Judgment Qazi Shafiuddin J. - These two review applications being Review Application Nos.15 and 16 of 1998 arise out of Writ Petition Nos. 2328 and 2329 of 1998 respectively have been heard together and will now be disposed of by this common judgment as the same arise out of the order date......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....Lub Pte Ltd. In course of its business, the said company took loan from two banks namely Dhaka Bank Ltd. and Bank Asia Ltd. The petitioner was also a personal guarantor against the said loans. Due to financial strain the company defaulted in payment of the loan within the stipulated time, for which ......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......ultana J Md. Ruhul Quddus J Nasim Anwar Hossain…………..... Petitioner Vs. Bangladesh Bank and others…………..... Respondents Judgment December 7, 2010. Cases Referred to- Major Monjur Quader (Rtd) Vs. Bangladesh Bank and others, 59 DLR, 451; Mahmudur Rahman and an......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 167
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......itted that since no proceeding is pending before any Court relating to the documents maintained with the petitioner Bank, the respondent No. 2, learned District and Sessions Judge, Nababganj is not empowered under section 94(1)(a) of the Code of Criminal Procedure to direct the petitioner to transmi......tion Officer and another…………….Respondents Judgment July 5, 2001. Lawyers Involved: Ahsanul Karim with Aneek R Haque, Advocates-For the Petitioner. Probir Neogi, Assistant Attorney-General-For the Respondents. Writ Petition No. 984 of 1994. Judgment Md. Munsurul Ho......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233...Category: Anti-Corruption Laws | Date: | Hits: 153
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......follows: “No person shall be prosecuted and punished for the same offence more than once.” 14. The word “prosecuted” is introduced in the present case in order to make it clear that the power relates to punishment by a Court of law and not to other kinds of punishment besides a judicia......— For the Petitioner. Md. Ismail, Advocate—For the Respondent No. 3. Writ Petition No. 3501 of 1997. Judgment Syed Amirul Islam J. - This Rule was issued calling upon the respondents to show cause as to why the order date 26th November 1996 passed by the respondent No.1, Sessions Ju...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...Category: Criminal Law | Date: | Hits: 56
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......stigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produc......urt
High Court Division
(Special Original 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
......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......abi first, raised an objection on maintainability on the ground that the dispute raised by this writ petition arises out of a contractual agreement and, as such, the High Court shall not exercise its power under Article 102 of the Constitution. Secondly, as the petitioner failed to bring all the nec......hipping Limited and another………………Petitioners Vs. Chittagong Port Authority and others……………………….... Respondents Judgment August 6, 1998. Cases Referred to- Sharping Matshajibi Samabaya Samity Ltd. vs. Bangladesh and others, 39 DLR (AD) 85; Banglades......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......an be made for derequisition of such acquired land. In the above case the principle which was expounded in 27 DLR 597 was discussed which is in the following terms: “It the Government had the power to withdraw any property from acquisition after compensation has been made there would be no f......Commercial Trust of Bangladesh Ltd. and others, 46 DLR (AD) 89; 27 DLR 597; 51 DLR (AD) 84. Lawyers Involved: Fida M Kamal, Advocate—For the Petitioners. Obaidul Hasan Shaheen, Assistant Attorney-General—For the Respondents. Writ Petition Nos. 337, 338, 339, 340 & 341 of 1999. ...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......nd thereby the tribunal acted beyond its jurisdiction as the valuation has been fixed without any objective information. 9. It appears from the language of sub-section (3) of section 193C that the power of the tribunal is discretionary, the Appellate Tribunal has the power to make such inquiry as......ivision (Special Original Jurisdiction) Present: Syed JR Mudassir Husain J Md. Awlad Ali J Sharif and Brothers….............................Petitioners Vs. Commissioner of Customs and Others……………. Respondents Judgment February 13, 2000. Cases Referred To- ......ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......wn. 8. Mr. AKM Shafiuddin, the learned Deputy Attorney-General, appeared in the case and on our pointing out he tried to contact with the respondent No.1 to ascertain whether he had been given any power or authority as contemplated under the Government Servants (Discipline and Appeal) Rules, 1985......; another…….………………Respondents Judgment January 16, 2000. Lawyers Involved: Amir-ul Islam with Manzil Morshed, Advocates—For the Petitioner. AKM Shafiuddin, Deputy Attorney-General—For the Respondents. Writ Petition No. 1316 of 1995. Judgment Md. Awlad Al......ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358...Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......an be no doubt that the petition was maintainable even if the right to relief arose out of an alleged breach of contract, where the action challenged was of public authority invested with a statutory power. 12. In the cases discussed above it happened that the public authority invested with statu......………….Petitioner Vs. Government of the People’s Republic of Bangladesh & another……………Respondents Judgment November 30, 1999. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Pictur......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ..Category: Others | Date: | Hits: 95
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......aside the judgment and decree passed by the trial Court on merit, on the basis of evidence on record on the mere seeking of the plaintiff to withdraw the suit for suing afresh as a casual exercise of power, without recording his satisfaction that the case comes within the ambit of Order 23 rule 1(2)...... Suit No.157 of 1977, praying for declaration of his title in the suit land alleging, inter alia, that the suit land comprising an area of 1762-1/2 acres out of 3525 acres of land originally belonged to Ram Chandra Datta, who subsequently settled the said land to one Najir Sheikh on receipt of prope...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ..Category: Property Law | Date: | Hits: 88
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......end of the arguments. Mr. Mahmudul Islam, learned Attorney-General, has submitted that very influential persons as they are once out of jail on bail, the petitioners will use of all the influence and power for tampering with the evidence and threatening witnesses. He submits that the government has ......4 DLR (SC) 321. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Habibul Islam Bhuiyan, Khondaker Mahboob Hossain and Humayun Kabir Bulbul, Advocates — For the Petitioners. Mahmudul Islam, Attorney-General, Md. Faruq, Deputy Attorney-General — For the State. Criminal Miscellaneous Case......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51...Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......tion under section 439 of the Code of Criminal Procedure is to confer the High Court Division a kind of paternal or supervisory jurisdiction in order to correct miscarriage of justice. The revisional power of the High Court Division vested in it by section 439 does not create any right in the litiga......i Ebadul Hoque J AK Badrul Huq J Syed Ahmed…………….Petitioner Vs. Abdul Khaleque and others…………………..Opposite Parties Judgment April 1, 1998. Cases Referred to- Seraj Din vs. Kala and another, PLD 1964 SC 26=16 DLR SC 94; Lalu vs. State, PLD 1959 SC 258 ......, influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43...Category: Criminal Law | Date: | Hits: 42
Harun and others Vs. State, 1998, 27 CLC (HCD)
....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......the nature of the offence, and if the offence is of a kind in which bail should not be granted considering the gravity of the offence. Court should refuse bail even though the High Court Division’s powers under section 498 of the Code of Criminal Procedure in the matter of granting bail are very w......State ……Respondent Judgment March 9, 1998. Lawyers Involved: MA Wahab, ANM Gaziul Huq, Md. Delwar Hossain and M A Wahab Miah, Advocates - For the Petitioners. MA Rouf, Assistant Attorney-General with Moharnmad Mushfiqur Rahrnan Khan Assistant Attorney–General - For the Responde......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33...Category: Criminal Law | Date: | Hits: 65
State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)
.... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ......fences, but that there are sufficient grounds for further inquiry into his guilt and pending such inquiry, he should be released on bail. Since the High Court Division has exercised its discretionary power in the matter of granting bail, this Court normally does not interfere with such power except ......The State..................................Petitioner Vs. Md. Ariful Islam @ Arif.................Respondent Judgment September 28, 2010. Lawyers Involved: M.K. Rahman, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. T.H. Khan...... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ..Category: Criminal Law | Date: | Hits: 50
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ......e thus non-alcoholic products within the meaning of Narcotics Control Act, 1990. 3. The respondent Nos. 1 and 2 jointly and the respondent Nos. 5 and 6 separately have entered appearance by filing powers. The respondent Nos. 1 and 2 have jointly and the respondent No. 6 has separately affidavits-......J Crown Beverage Ltd. and another..........................Petitioners Vs. Board of Investment and Others........................Respondents Judgment April 6, 2004. Cases Referred to- Chairman, Board of Intermediate and Secondary Education, Jessore and others vs. Md. Amir Hoss...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ..Category: Others | Date: | Hits: 182
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......ms Act, 1969 on the basis of Notification No. 38/97 Cus. dated 30-12-97 suffers from want of authority and, as such, the assessment of duty impugned is illegal. It is further contended that delegated power as conceived in section 25(7) of the Act has no relation with the normal market price and, as ...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Friends Corporation….…………..Petitioner Vs. Commissioner of Customs and others……. Respondents Judgment June 23, 1998. Lawyers Involved: AF Hasa......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....ase the petitioner is in no way connected with the loan, she does not claim the auctioned land and there is no cause of realisation against her. Such a person is not intended by the law to bear extra financial burden of 25% of the dcreetal amount as a pre-requisite to get relief. 15. In view of t......n such circumstances, the petitioner is not required to deposit 25% of the deccretal amount and section 32 (2) of the Ain, 2003 would not apply in this case. Section 57 of the said Ain gives inherent power to the Artha Rin Adalat to pass necessary order to meet the ends of justice and therefore, the......……….....Petitioner Vs. The Artha Rin Adalat, Narayangonj and others………….... Respondents Result: The Rule is made absolute. Judgment November 11, 2010. Case Referred to- Md. Delwar Hossain Vs. Bangladesh and others, 24 BLD (HC) 323. Lawyers Involved: Abdur ...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 183
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