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State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....struction), RAJUK,Dhaka 5) Deputy Commissioner, Dhaka and Commissioner, Dhaka Metropolitan Police, Park Avenue, Dhaka should not be directed to take necessary and appropriate steps in accordance with law to demolish the BGMEA Building located at Hatir jheel, Dhaka, being an unauthorized construction......l Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: The Rule...... to why they should not be directed to take appropriate steps against the concerned officials for failing to discharge their respective duties in accordance with law and/or pass such other or further order or orders as to this Court may seem fit and proper.” 2. As clippings from an English vern..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....inciple of waiver, estoppel, and acquiescence will not be applicable upon the pre-emptors in the facts and circumstances of this case of pre-emption and as such the trial Court has committed error in law in finding that the pre-emption case is barred by principle of waiver, estoppel and acquiescence......udgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......- For the Opposite Parties. Civil Revision No.1743 of 2008. Judgment Md. Nizamul Huq J.- This rule was issued calling upon the Opposite Party Nos.1-8 to show cause as to why the judgment and order dated 27.03.2008 passed by the Additional District Judge, Brahmanbaria in Miscellaneous Appeal..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....y the said order the petitioner corporation has preferred the present provisional application. 8. Mr. Shahid Alam, the learned Advocate for the petitioner Submits that the Executing Court erred in law is not allowing the costs for advertisement for auction notice, published in the newspaper and t......alling upon the opposite party to show cause as to why the order dated 05.11.2006 passed by the learned District Judge, Chuadanga in Miscellaneous Execution Case No.14 of 2004 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Th...... Civil Revision No.1221 of 2007. Judgment M. Enayetur Rahim J.- This rule at the instance of the decree holder petitioner was issued calling upon the opposite party to show cause as to why the order dated 05.11.2006 passed by the learned District Judge, Chuadanga in Miscellaneous Execution Ca..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....n after the expiry of the period originally fixed or granted. Only exception to such general principle is when the period is fixed or granted by the Court on the basis of the period prescribed by any law, the Court then would have no power to extend such period of time under the section. Similarly, ......: 61 DLR (HCD) (2009) 72. ...... 2007. Judgment MA Rashid J.- Defendant tenant obtained the above Rule upon making a revision application under section 25 of the Small Cause Courts Act, 1887 (Act IX of 1887 for revision of an order dated 19-3-07 passed by the Senior Assistant Judge at Sadar in Sylhet in Miscellaneous Case No..Category: Civil Law | Date: | Hits: 281
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......also Reported in: 61 DLR (HCD) (2009) 762. ...... proceedings of CR Case No. 227(1) of 2006 under section 406/420/109 of the Penal Code, now pending in the Court of Magistrate, cognizance court No. 3 Jamalpur, should not be quashed and/or any other order passed as this court may seem fit and proper. 2. By the Rule issuing order dated 23-7-2007,..Category: Employment/Service Law | Date: | Hits: 238
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....y the impugned letter under Memo No. পবম/শা-২/বগ-২/২০০২/৭৯৮ dated 21-7- 2007 (Annexure-F) issued by respondent No. 4 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case, so far as are relevant for ......e is also Reported in: 61 DLR (HCD) (2009) 707. ......rs ……………… Petitioners Vs. Government of Bangladesh and others …………………..Respondents Judgment January 21, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Government of Bangladesh Vs. Jahangir Alam, 12 BLC ..Category: Employment/Service Law | Date: | Hits: 216
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
....there is prima facie case for going to trial………………………………..(10) When a naraji petition is filed against the Police report the same should be disposed of in accordance with law……………………………(13) Case Referred to- Rahela Khatun Vs. Abul Hossain, 48......Division (Criminal Miscellaneous Jurisdiction) Present: Md. Abdul Quddus J Syed Md. Ziaul Karim J Khurshida Begum………………………Informant-Petitioner Vs. Monira Begum and others………………………..Opposite Parties Judgment May 15, 2008. Result: T...... This Rule was issued, on an application under section 561A of the Code of Criminal Procedure, at the instance of informant petitioner, calling upon the opposite parties to show cause as to why the order dated 5-7-2007 passed by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, Cox's..Category: Criminal Law | Date: | Hits: 177
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....of the Code of Criminal Procedure. 4. On such submission, we have gone through the FIR and the police report filed today by the supplementary affidavit meticulously. It is settled principle of law and long standing practice that prayer for bail can be agitated at any time on different cause o......h Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J MM Shabbir Hasan………………….Accused-Petitioner Vs. State and others…………………….Opposite-Parties Judgment June 17, 2012. Result: The......e under section 5(2) of the Prevention of Corruption Act, 1947 read with section 161 of the Penal Code pending in the Court of Chief Metropolitan Magistrate, Chittagong and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Md. Badrudduza the learne..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....on under section 491 of the Code of Criminal Procedure. 15. The aforesaid section requires determination as to whether the order of judicial custody of victim Mosammat Rokeya Dil Afroz Munmun is lawful and whether she is entitled to go accordingly to her will and choice. 16. For determinatio...... Result: The Rule is made absolute. When the state does not raise any objection in such circumstances the High Court Division can certainly interfere, when the liberty of a citizen is curtailed and his valuable right of freedom is taken away by the order of the subordinate Court and the High C......e does not raise any objection in such circumstances the High Court Division can certainly interfere, when the liberty of a citizen is curtailed and his valuable right of freedom is taken away by the order of the subordinate Court and the High Court Division has valid right to set aside the impugned..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....o.33 dated 25.07.2004 and the order No.37 dated 29.08.2004 passed by the 2nd Court of Artha Rin Adalat, Bagerhat in Artha Rin Suit No.14 of 2003 should not be declared to have been passed without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to t......sdiction) Present: Nozrul Islam Chowdhury Mohammad Ullah J Dr. S.M. Eunus Ali………………………………………Petitioner (Defendant-Judgment Debtor) Vs. Artha Rin Adalat and others………………………Respondents Judgment December 3, 2012. Result: The....... Judgment Mohammad Ullah J.- This Rule Nisi was issued on an application filed by the petitioner under Article 102 of the Constitution, calling upon the respondents to show cause as to why the order No.33 dated 25.07.2004 and the order No.37 dated 29.08.2004 passed by the 2nd Court of Artha R..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....he State…………………….Respondent Judgment January 13, 2009. Result: The appeal is allowed in part. The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that the accused should be presumed to be innocent till the charg....... ...... Siddiqur Rahman Miah J.- This Criminal Appeal at the instance of Md. Shahid Bepari @ Shahidullah and 9 others under section 410 of the Code of Criminal Procedure is directed against the Judgment and order of conviction and sentence dated 17.01.2005 passed by the learned Additional Sessions Judge, 3..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....ecurities and Exchange Commission (Mutual Fund) Rules, 2001 (Annexure-K) restricting Respondent Nos.3-6 from declaring stock dividend or rights issue should not be declared to have been taken without lawful authority and to be of no legal effect. 2. The facts leading to the issuance of the Rule, ......se is also Reported in: 30 BLD (HCD) (2010) 49. ...... million through issuance of bonus shares. SEC having permitted payment of stock dividend itself is now estopped from retracting from it. The Securities and Exchange Commission was created in 1993 in order to protect the interests of the investors, develop the securities market and administer regula..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....................Petitioner Vs. Deputy Commissioner, Brahmanbaria and others....................Opposite parties Judgment August 28, 2007. Result: The Rule is made absolute. The law of enemy property died with the repeal of Ordinance No.1 of 1969 on 23.3.74 and no further veste......oncerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......opposite parties. Civil Revision No. 3167 of 2000 Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the opposite party Nos.1 and 2 to show cause as to why the judgment and order dated 6.4.2000 passed by the learned Sub-Judge, 2nd Court, Brahmanbaria in Title Appeal No.23 ..Category: Property Law | Date: | Hits: 155
....passed by the respondent No.4 directing the petitioner to go on retirement on 31.12.2005 on completion of 57 years of age (Annexure-A) shall not be declared to have been passed and issued without any lawful authority and of no legal effect.
2. Facts necessary for disposal of the Rule in short are......t:
Mirza Hussain Haider J
Md. Rais Uddin J
Ranjit………………………….Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Jute, Bangladesh Secretariat, Dhaka and others……………………………….Respondents
Judgment
August 5, 2007.
Result:......05.
Judgment
Mirza Hussain Haider J.- On an application under Article 102 of the Constitution the petitioner obtained this Rule calling upon the respondents to show cause as to why the impugned order vide Memo No.PJM/Proshason/3/25/621 dated 1.12.2005 passed by the respondent No.4 directing th..
Category: Criminal Law | Date: | Hits: 143
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ......Code of Criminal Procedure at the instance of petitioner A. Aziz Mollick calling upon sole State opposite party to show cause as to why impugned order dated 4.10.2007 passed by learned Sessions Judge and Special Tribunal No.1 Brahmanbaria rejecting prayer of the petitioner under section 516 A of the......ul Quddus J.- Rule was issued under section 439 of the Code of Criminal Procedure at the instance of petitioner A. Aziz Mollick calling upon sole State opposite party to show cause as to why impugned order dated 4.10.2007 passed by learned Sessions Judge and Special Tribunal No.1 Brahmanbaria reject..Category: Procedural Law | Date: | Hits: 194
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....ult: The appeal is dismissed. First Information Report (FIR) The main purpose of an First Information Report (FIR) is to give information of a cognizable offence to the police and to set the law in motion. So even if the GD is treated as the FIR, and the formal FIR as a statement recorded u......ds. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......ellants. Md. Abdur Rahman Howladar, Assistant Attorney General-For the State. Criminal Appeal No. 2394 of 1995. Judgment Mohammad Ullah J. - This criminal appeal is from the judgment and order dated 8.10.1994 by which the learned Sessions Judge, Tangail, in Session Case No.96 of 1994, c..Category: Criminal Law | Date: | Hits: 170
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....1374 dated 22-06-2003 (Annexure 'A-2') issued by respondent No.3 seeking encashment of the bank guarantee No. BASB/L-GTEE/00001/2001 dated 23-3-2001 should not be declared to have been issued without lawful authority and is of no legal effect and as to why the respondents should not be directed to r......Division (Special original Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Transfin Trading Ltd…………………………Petitioner Vs. The Commissioner of Customs and others……………………………Respondents Judgment October 11, 2010. Result:......ctually payable on those goods shall within a period of 150 working days from the date of provisional assessment be finally assessed and on completion of such assessment the appropriate officer shall order that amount already paid being adjusted actual amount payable on the basis of final assessment..Category: Fiscal/Taxation Law | Date: | Hits: 194
.... is not denied in the affidavit-in-opposition that the petitioner did not take rebate of 15% but only it was stated that the petitioner did not take rebate within 30 (thirty) days as per provision of law which is a separate matter, the respondents can take another procedure but cannot refuse to give......This Case is also Reported in: 16 BLC (HCD) (2011)351.
......e Customs Act to avoid demurrage that may arise due to halting of the ship and in the instant consignment the Import General Manifest (IGM) was declared as per the provision of law. The petitioner in order to release the imported goods of the consignment for avoiding demurrage submitted Bills of Ent..
Category: Fiscal/Taxation Law | Date: | Hits: 220
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....ion that the learned judge while sitting over an application under Order IX, rule 13 of the Code has travelled beyond his jurisdiction and dwelt in the merit of the case which is not permissible in law. 25. Mr. Mahbubey Alam, learned Attorney-General, appeared on behalf of the Government and su......Case is also Reported in: 64 DLR (HCD) (2012) 167. ......For the Opposite Party No.1. Civil Revision No.3266 of 2008. Judgment Md. Moazzam Husain J.- This rule was issued at the instance of the plaintiffs calling in question the Judgment and order dated 11.3.2008 passed by the joint district judge, 3rd Court, Dhaka in Misc. Case No.30 of 20..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
....re taken but the gist of the ground are that the petitioner mainly became aggrieved on the time given in the notice issued on 27-2-2006 in it was not in conformity with the time as framed under the law as provided under section 138(B) of the Negotiable Instrument Act. 5. Mr. Harun-or-Rashid, th......t opposite party No.1 filed a Complaint Case No.59 of 2006 against the petitioner in the Court of learned Magistrate, 1st Class, Gazipur alleging, inter alia, that the petitioner is a registered bank and governed under the supervision of the Bangladesh Bank and engaged in different financial busin....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ..Category: Civil Law | Date: | Hits: 217
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