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Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)
....ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......Amirul Kabir Chowdhury J Maksuda Begum…………….………………….Petitioner Vs. Secretary, Ministry of Home Affairs and 2 others……………Opposite Parties Judgment October 27, 1999. Lawyers Involved: Golam Mohammad Chowdhury, Advocate—For the Petitioner. ......ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174...Category: Criminal Law | Date: | Hits: 44
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......er staying the proceeding of the Execution Case having been rested upon a total misconception and misapprehension of law and fact, the said order can be easily vacated by invoking the Courts inherent power under section 151 of the Code and the learned Subordinate Judge committed a substantial error ...... AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, the petitioners challenge the correctness of a decision recorded by the learned Subordinate Judge in refusing to vacate an order staying a Small Causes Court Execution Case whereupon Rule was issued calling upo......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172...Category: Civil Law | Date: | Hits: 66
....
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168.......0 of the said Rules, 1975 creates a vested right to a Nikah Registrar in respect of the areas to which a licence was granted to him before the amendment of Rule 10 on 19-1-93, the Govt. reserves full power and authority by virtue of the 2nd proviso of section 4 of the Act, 1974 to ‘extend, curtail......DLR (AD) 82.
Lawyers Involved:
Abdur Razzak, Advocate—For the Petitioner.
Abdul Baset Majumder with Md Momtazuddin Fakir Advocates—For the addition of Party.
Sufia Khatun, Assistant Attorney-General—For the Respondents.
Writ Petition No. 2371 of 1995.
Judgment
Md. Abdul A......
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168...
Category: Employment/Service Law | Date: | Hits: 76
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
.... 3. Defendant Nos. 1-9 contested the suit by filing written statement contending, inter alia, that Firoz and Abu Sufian were full brothers and they used to live jointly. Firoz used to look after the financial transaction of the family. It is stated that the suit land was settled in the name of the ......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......1-1998 and 11-2-1998 respectively passed by the Senior Assistant Judge, Narshingdi in Title Suit No. 64 of 1996. 2. Jagadish Chandra and Ramesh Chandra gave a permanent settlement of the suit land to Firoz Bhuiyan by hukumnama dated 10th Kartick, 1344 BS and father of the defendant Nos. 1-9 Abu S......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ..Category: Property Law | Date: | Hits: 23
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......rom taking cognizance of facts that occur since the laying of the action and granting relief to the parties on the basis of the altered situation, under exceptional circumstances. This is an inherent power, which a Court is required to exercise if it is conceived to advance the cause of justice. The...... Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil Revision No. 3054 of 1994 Judgment Md. Mamtazuddin Ahmed J.- This Rule was issued calling upon the opposite parties Nos.1 and 2 to show cause as to why the impugned Judgment and decree dated 11-7-1994 and 18-7-1994 respectively ......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196...Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......issioner of Customs dated 12-12-2000 that for contravention of the provision of section 32 of the Customs Act penalty has been imposed under section 156(1)(4) of the Customs Act and by exercising the power under section 181(1) the customs authority instead of confiscation of the goods imposed penalt......f credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......ed Advocate for the opposite party relief on certain decisions reported in 38 DLR 47, 35 DLR 461 and AIR 1950 (Cal) 178. These decisions were given by Hon'ble Courts in exercise of their revisional power under section 115 of the Code of Civil Procedure. The facts leading to these decisions are t......; others.................Petitioners Vs. Salim Reza & others.................. Opposite Party Judgment November 12, 1987. Result: The Rule is made absolute. Cases Referred to- A.I.R. 1920 (Cal) 467 (ChiranjilIal Ramala Vs. Tulsira Janki Das); A.I.R. 1964 (Allahabad) 34......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
....ehalf of the State an affidavit-in-opposition was submitted stating that the petitioner's husband committed prejudicial act having intentionally failed to re-pay a huge amount of loan affecting the financial interest not only of the Shilpa Bank but also of the State and that upon valid and legal g......reventing him from doing any prejudicial act it is necessary so to do make an order directing that such person be detained. Thus it is absolutely clear that section 3 of the Special Powers Act only empowers the Government to direct detention of a person only if it is satisfied that with a view to pr......J
Syed Fazle Ahmed J
Mrs. Tahera Islam.................Petitioner
Vs.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others............Opposite parties
Judgment
October 27, 1987.
Cases Referred to-
38 DLR (AD) 70; BLD 1986(AD) 49; 20 DLR 1968; AKM Shamsuddi......
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193...
Category: Banking Law | Date: | Hits: 151
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......isdiction, in terms of Article 103(1) "to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division." 16. The Appellate Division has also full and complete powers to receive additional evidence in the appeal, if necessary, because Article 104 of the Consti......afa Kamal J Md. Mozammel Haque J Falu Mia & others.................Petitioners Vs. Safar Ali & others.............Opposite Parties Judgment March 24, 1988. Case Referred to- West Pakistan Vs. Gulzar Mohammad, 21 DLR (SC) 46. Lawyers Involved: M.H. Khondoker, wi......ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......ule having taken me through the judgments of the courts below and the records had submitted that it has always been the law that even if there is a bar in law in hearing a matter the court would have power always to examine the question of jurisdiction. He has further submitted that the decision in ......Ali & others..........................Petitioners Vs. Additional Deputy Commissioner, Khulna & others...............Opposite Parties Judgment August 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32 DLR (AD) 216;...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..Category: Property Law | Date: | Hits: 36
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
.... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55.......erence and as she failed to repay the loan installments in terms of the loan in spite of demand notices sent by the bank, the bank, being appointed as attorney of the mortgagee-loanee by a registered power of attorney, sold the properties in auction, notice of which was duly published in the Nationa......or the Petitioner. Harun-Or-Rashid, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 8. Not Represented-Respondent Nos.1-7 & 9-11. Civil Petition for Leave to Appeal No.1774 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - This leave petition i...... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55...Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....The detenu is involved in transferring of thousands of dollars to foreign countries. The officers of the Airport are afraid of the detenu and are helpless to deal with the detenu and as a result huge financial loss is sustained by the Government. Besides that, the detenu is responsible for the insta......sions affecting the rights and liberties of the citizen of the State has the corresponding duty of acting judicially and the superior courts having supervisory jurisdiction over such persons have the power to see whether the said person has conformed to the judicial norms applicable to the case. Apa......d others 27 DLR 122; Md. Khair Ahmed vs. Bangladesh and others 40 DLR 353. Lawyers Involved: Moudud Ahmed with AM Mahbub Uddin, Advocates—For the Petitioner Obaidul Hasan Shaheen, Deputy Attorney General— For the Respondents. Writ Petition No.1481 of 2001. Judgment Md. Shamsul ......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...Category: Criminal Law | Date: | Hits: 45
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......defence party, Shamsu worked under the Chairman for any purpose Shamsu was not a good person and sometimes Shamsu used to collect subscription from boatmen during night time and even he had shown his power as a VDP man and slapped the boatmen and all these were complained to the Chairman of the Unio...... 280. Lawyers Involved: TH Khan with Subrata Saha, Md Jahurul Islam- For Condemned Prisoner Nos. 1‑5. Md. Khurshid Alam Khan‑ For Condemned Prisoner No. 6. Syed Abu Kowsar, Deputy Attorney-General with Fara Mahmuda, Assistant Attorney-General and Monowara Khatun, Assistant Attorney......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......লীয় জমির পরিমান .০০৪৭ অযুতাংশ” In such a manner the learned Commissioner mentioned several times about possession. A Court of law cannot delegate power to the Advocate Commissioner for ascertaining possession. Mentioning or determining possession......ate—For the Opposite Party Nos. 1 and 2. Civil Revision No. 1597 of 1999. Judgment Md. Abdus Salam J.- In this Civil Revision a Rule was issued calling upon the Opposite party Nos. 1 and 2 to show cause as to why the impugned order No.28 dated 16-3-1999 passed by Mr Aziz Ahmed Bhuiyan, le......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......amily Court for maintenance at an enhanced rate is not maintainable. But this contention of the defendant-petitioner cannot be accepted. The Family Courts Ordinance, 1985 has been given an overriding power. Section 3 of this Ordinance provides “the provisions of this Ordinance shall have effect no......tion) Present: Nazmun Ara Sultana J Kowsar Chowdhury ……….………………….Petitioner Vs. Latifa Sultana ……………………………Opposite Parties Judgment October 28, 2001. Lawyers Involved: Mujibar Rahman, Advocate—For the Petitioner, Md. Korban...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175...Category: Family Law | Date: | Hits: 186
....ssessment year 1984-85.
2. The applicant assessee is a society registered under the Societies Registration Act, 1860. It is a voluntary organisation providing counseling, information, training and financial assistance to small industrial entrepreneurs to generate employment opportunities on self ......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168....... in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168...
Category: Fiscal/Taxation Law | Date: | Hits: 65
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
....7 admitted on oath that the transfer of shares in question was not discussed and approved in the extraordinary Board Meeting and that he was not required to pay for the said share in detriment of his financial and other gains, such statement should be regarded as true. In Consideration of the afores...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ......of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ..Category: Company Law | Date: | Hits: 203
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......cts and circumstances of the case, the impugned order does not suffer from any illegality or legal infirmity occasioning failure of justice justifying interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. 6. The learned Advocate for the petiti......ce and ultimately obtained a decree therein on contest on 28-11-94 for an amount of Taka 10000.00 as dower and Taka 11,800.00 as maintenance. Subsequently, on the prayer of the petitioner judgment-debtor, the learned Family Court by his order dated 11-11-97 allowed instalments for payment of the dec......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ..Category: Family Law | Date: | Hits: 155
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
.... which originates from Nepal and passes through India and Bangladesh before it flows down to the Bay of Bengal. The World Bank, the defendant No.1, provided the Government of India with the necessary financial assistance for construction of the said Farakka Barrage. The plaintiff contended further t...... Munsif must remember that if on a meaningful not formal—reading of the plaint it is manifestly vexatious, and meritless, in the sense of not disclosing a clear right to sue, he should exercise his power under Order VII rule II, CPC taking care to see that the ground mentioned therein is fulfilled......m Habibuzzaman instituted this suit against the World Bank and seven others including the High Commissioner, Government of India, claiming damages of Taka 4,00,000 crore (four lac crore) occurred due to the construction of Farakka Barrage at Farakka in India, causing sufferings to the plaintiff and ......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159...Category: Others | Date: | Hits: 79
....and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690.......l of the respondent. So, this dispute squarely falls within the provisions of the said Act and, as such, it has been rightly found by the High Court that it is the Electrical Inspector who alone is empowered to decide the dispute. If the Electrical Inspector comes to the finding that the meter is fa.......
This Case is also Reported in: 59 DLR (2007) 690.......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690...
Category: Others | Date: | Hits: 131
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