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Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)

....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......peal, the Custodian of Evacuee Properties set aside that order holding that the principle of estoppel applied against the appellants. The appellants then moved the High Court of West Pakistan in Writ jurisdiction to have the order of the Custodian reversed. The Custodian's view that the vendees were..

Category: Property Law | Date: | Hits: 146

Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)

....ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99.......ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99.......t in the Official Gazette decided to hold re­election at No.60, Shaharpara Government Primary School Centre on 01.06.2009. Finding no alternative the petitioner moved the High Court Division in writ jurisdiction in Writ Petition No.3554 of 2009 and after hearing the High Court Division was pleased ..

Category: Election Law | Date: | Hits: 296

Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)

....pect of the property of schedule No.2 and decree holder bank filed an application before the Court to accept those offers and the Bank accepted their offers and immediately, they deposited 25% of the total price and the Court directed them to deposit the remaining 75% money within 16.03.2002. Before......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ..

Category: Others | Date: | Hits: 140

Mazharul Haque Vs. Bulk Management (Bangla­desh) Ltd. and others, 1996, 25 CLC (HCD)

.... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ..

Category: Company Law | Date: | Hits: 185

Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)

....r without application of mind and in violation of the mandatory provisions of the Bidhimala, 1989. Accordingly, we are of the view that all the proceedings against the petitioner have been taken with total non-application of mind on the part of the respondent No. 1 and the outcome of the entire proc......e authority without mentioning his address as well as medical certificate. The petitioner was absent in his office intentionally. The respon­dents published notification regarding the peti­tioner's absence in "The Daily Juger Alo" dated 28­9-1993 and he was asked to join in his office and, as suc......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ..

Category: Employment/Service Law | Date: | Hits: 180

Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)

....l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398.......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398.......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398...

Category: Employment/Service Law | Date: | Hits: 160

Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)

....within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......rom any loanee. The Artha Rin Ain is meant for realisation of money from the loanee who took the loan from any financial institution including the present bank. It is submitted that the Adalat has no jurisdiction to hear and dispose of the suit or to convert it as such suo moto. The learned Advocate..

Category: Civil Law | Date: | Hits: 202

Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)

....acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360.......22.11.2009 prayed for non-prosecution of the earlier writ Petition No.8024/2009 and even till to day the petitioner did not dare to disclose this fact to this court. 17. It appears that due to the absence of Panel Mayor-l, who has been removed form the office, due to no confidence Motion the post......out the administrative financial activities of the Pourava and as such we are not inclined to interfere with the impugned action of the Respondents. 18. Moreso, the petitioner has invoked the writ jurisdiction with unclean hands by suppressing the fact that he filed 2 (two) writ petitions by enga..

Category: Others | Date: | Hits: 136

Manirul Huda Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others, 2010, 39 CLC (HCD)

....nt on declaration of incorrect income in the return. This audit is made in all countries including India and Pakistan. Only a few of those returns are selected. In the financial year 2008-09 out of a total number of 5,28,826 returns, a total of 5,250 returns were selected for audit, which is less th...... should be discharged outright. In the result, the Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ...... in it's a finality. In several decisions, namely, Mohiuddin Faruquie's case, Ekushey tv. Case it has been decided that any person aggrieved in whatever manner even in a simplest form can invoke writ jurisdiction under Article 102 of the Constitution. This is no longer a res integra, so the pet..

Category: Fiscal/Taxation Law | Date: | Hits: 227

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....ota system. This was done in exercise of the unguided and unfettered powers under Section 12(10) of the National University Act, 1992. In this way during his term the said Vice-Chancellor appointed a total of 1222 persons in violation of various recruitment Rules, which are stated below. Most of the......iculous and extensive investigation, the judgment of 22.08.2006, should now be reversed. None appeared to represent the respondents. 35. The questions we are to address are whether, (1) in the absence of explicit constitutional mandate, the High Court Division can entertain an application to ......w to the High Court Division. Does this absence denote this Division’s incompetence to review it’s own decision? Case laws of high preponderance suggest otherwise. 37. This Division’s jurisdiction as to review it’s own judgment has been comprehensively and meticulously laid down by..

Category: Administrative Law | Date: | Hits: 371

Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)

.... and misconstrued the evidence on record and found the complicity of the accused appellants in the crime illegally convicted them against the weight of evidence. He has submitted that the prosecution totally failed in proving the complicity of the accused appellants with the crime alleged. He furthe...... sustained in law. Furthermore, no prosecution witness has specifically stated in their evidence which of the accused appellants has caused what injury on the person of deceased Sirajul Islam. In the absence of any positive evidence as to the infliction of any fist blow or injury by the appellants, ......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ..

Category: Criminal Law | Date: | Hits: 117

Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)

....28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ......28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ......28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ..

Category: Civil Law | Date: | Hits: 110

Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)

....ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ...... Section 6(2) as far as practicable. In making a decision in delimiting a constituency if the Election Commission takes into consideration the said condition the decision does not suffer from want of jurisdiction on the part of the Election Commission. Practicality of consideration of any of the con..

Category: Election Law | Date: | Hits: 271

Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)

....peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ......peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ......e for the appellants that the conviction and sentence awarded under the provisions of Santrash Mulak Aparadh Ain cannot stand. 7. Impugned conviction and sentence is, therefore illegal and without jurisdiction. 8. Aforesaid Manju alias Mesbahuddin is P.W.2. He deposed that accused Badal dragge..

Category: Criminal Law | Date: | Hits: 81

Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)

....d circums­tances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......ose record of rights. 5. The learned Subordinate Judge on con­sideration of the materials on record rejected the defence case of benami as set out by them. He also rejected their claim as regards absence of title of the plaintiffs and defendant No.1 on the basis of inheritance. The learned Subor......d circums­tances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11...

Category: Property Law | Date: | Hits: 93

Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)

....ppellate Court below calls for any inter­ference in revision. In the result the rule is discharged with­out any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......ppellate Court below calls for any inter­ference in revision. In the result the rule is discharged with­out any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......e-emptee-petitioner obtai­ned the present Rule. 3. Mr. Abu Taher Chowdhury, learned Advocate for the petitioner, does not challenge the merit of the order passed on review. He challenged the very jurisdiction of the lower appellate Court to review its own order. He submit that the appellate Cour..

Category: Procedural Law | Date: | Hits: 119

Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)

....the Sessions trial as an instrument of harassment of prosecution witnesses and the accused, it is quite common in this poor country that the accused persons in defending them­selves in a case become totally ruined financially, mentally and physically by the time the trial is over, even if they are ...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ..

Category: Criminal Law | Date: | Hits: 92

Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)

.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ......e campus causing a threat to the academic atmosphere of the institution and the principal of the college is responsible for the administration and discipline in the college we are of the view that absence of any provision in the Act authorising the Principal of the college to take action by way ......ect of debarring the petitioners from studying for die rest of their lives and it has not only offended their right to study as guaranteed under the constitution but the college authority exceeded jurisdiction vested in them awarding punishment of expulsion for ever as there is no provision eith..

Category: Others | Date: | Hits: 168

Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)

....tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......tion 24 of the CPC for transfer of the suits from the Court of the learned Subordinate Judge to the Court of the learned District Judge, Dhaka, on the ground that the learned Subordinate Judge has no jurisdiction to deal with the suits in summary procedure under Order 37 of the CPC. These three Rule..

Category: Civil Law | Date: | Hits: 87

Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54...

Category: Anti-Corruption Laws | Date: | Hits: 142