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Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
.... to the materials on record it appears that the plaintiffs filed the suit for eviction of the defendants from the suit land claiming them (defendants) as their permissive possessor but the plaint was totally silent as to from when the defendants were inducted into the suit land as their permissive p......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ......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)
....ted judgment passed by another Bench of this Division in the case of Delwar Hossain Chowdhury Vs. Joint District Judge, Sylhet, in Writ Petition No. 7347 of 2010, the fact of which, however, are totally different in substance from the present case. 22. In reply to the aforesaid submissions......-2011 for filing written statements and to deposit the cost. But on 11-5-2011 the petitioners neither filed written statements nor deposited Taka 2,000 as cost nor took any further steps. In the absence of the petitioners the court again fixed the suit for ex-parte hearing on 22-5-2011. 7.......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
....cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......ent No.1 as plaintiff filed original suit No.313 of 2005
praying for a declaration to the effect that the Letter dated 12-6-1999 issued
by the defendant No.1 is illegal, improper, unjust and out of jurisdiction and
the recommendation Letter dated 26-7-2000 regarding dismissal by the Board is
ill..
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. ...... 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. ......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)
....riends International, Bangshal Road (1st Floor), Dhaka-1100, imported some 'PVC Floor Covering' from India under PSI Scheme being covered by LC No.1622 -06-01-0065 dated 18-4-2007. Though the total invoice value of the said goods was declared as USD 11,380.50 (CNF), the concerned PSI Agent c......tion 196D of the Customs Act, 1969 was silent about the power of the High Court Division to send the Appeal back to the lower authority on remand, the High Court Division possessed such powers in the absence of any contrary expression in section 196D. "(quande lex aliquid alicui concedit conced......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. ......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
....the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
..
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. ......rt in Registrar, Supreme Court of Bangladesh Vs. Md Sufi Uddin reported in 6 BLC (AD) 241, wherein their Lordships held that consent or waiver cannot give jurisdiction where there is inherent lack or absence of it. He further submits that it is now settled by our Supreme Court that Bangladesh H....... 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
....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
..
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. ......986, the petitioners and 4 others filed criminal Revision No. 762 of 1991 and a single Bench of the High court Division vide judgment and order dated 26.10.1999 discharged the Rule on merit in the absence of the lawyer of the accused petitioners and affirmed the judgment and order of conviction ......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 ......Ferry Ghat in question, if intended by the government to be handed over to any Ministry then such authority has to be explicitly expressed either in the law or any rules framed there under but in the absence of any such specific authorities mere declaration of a Ferry Ghat into a riverport does not ......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. ......sanction of the Government or any other competent authority before 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 cognizan...... 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 ......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)
....challenging the initiation of criminal proceeding pending before the Special Judge-3, Dhaka as a special case cannot be brought within the mischief of writ jurisdiction because these tactics has totally been disapproved by the Appellant Division in a case Chairman, Anti-Corruption Commission Vs......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)
....dant No.1 is such, that the defendant is not a monthly tenant under the plaintiff. The defendant No. 2 executed 'Bainanama' (Deed of agreement) and paid Taka 50, 00000 (fifty lakh) out of the total consideration of Taka 90, 00000 (ninety lakh) in respect of the disputed premises but the plai......f the further and better statement under the purview of order VI rule 5 of the code of civil procedure; which has practically elucidated the pleadings of the defendant-opposite-party and in absence of which there would be multiplicity of suit in as much as there is no law forbidding the de...... 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
....sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......d as such the Adalat committed no wrong in rejecting the application filed by the petitioner under section 33(2) for setting-aside the auction sale. The learned Advocate further submits that the writ jurisdiction is not maintainable for deciding the question of fraud and material irregularity in pub..
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)
....r purchasing a frigate for Bangladesh Navy was floated by the DGDP on 11 May 97 vide DGDP tender no 218 / 518 / 5129 / TS / DGDP /NP-1 dated 11 May 97. In response to the tender, DGDP were received a total of 25 (twenty five) offers from 9 (nine) bidders. To evaluate these Tender offers or bids, 4 (......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 ......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
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