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....cle 102(2) (a) (ii) of the Constitution a Rule Nisi was issued in the following terms:
“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the Order No.55 dated 22.06.2010 passed by the respondent No.2, the Artha Rin Adalat No.4, Dhaka in Artha Rin Case N...... interpreted by us, the Adalat is not under a legal responsibility to consider the written statement, affidavit and documents of the defendant when he is absent but plaintiff is present. There was no breach of section 6(4) or section 19(6) of the Ain, 2003 in passing the ex parte decree.
52. So t..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... under section 302/34 of the Penal Code passed on 05.07.2005 in Druta Bichar Tribunal Case No.16 of 2005 arising out of G.R. No.170 of 2003 corresponding to Naldanga (Nator) Police Station Case No.03 dated 05.04.2003. Condemned-Prisoner Ashraf Ali, Ataur Rahman and Ashraf alias Raja have also prefer...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....hrough the FIR, evidence on record and the impugned Judgment. 8. P.W.1 Md. Moklesur Rahman NK Subedar JCO‑2490 29 Rifle Battalion stated that on 19.3.92 he was posted at Kotbari Comilla. On that date getting secret information himself, Battalion Commander P.W.13 Major Istiaque Ahmed along with ......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...Category: Criminal Law | Date: | Hits: 75
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....ce of the plaintiff arises out of the judgment and order passed by District Judge, Nowabganj on 2.3.92 in Miscellaneous Appeal No.19 of 1991 dismissing the appeal with costs affirming the order No.37 dated 7.9.91 passed by Senior Assistant Judge, Nowabganj in other Class Suit No.273 of 1988 rejectin......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...Category: Procedural Law | Date: | Hits: 68
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....e-party No.1. Civil Revision No.1251 of 2010. Judgment Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 3.02.2010 passed by the learned Joint District Judge, 2nd Court, Manikganj in Title Appeal No.......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....structed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 2001 of 2009. (From the judgment and order dated 26.07.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.186 of 2003). ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....enior Advocate, instructed by Muhammad Nawab Ali, Advocate-on-Record-For Respondent No.1 Not represented- Respondent Nos. 2 & 3. Civil Appeal No. 31 of 2005. (From the judgment and order dated 24th June, 2003 passed by the High Court Division in Writ Petition No.2146 of 2003.) Judgme...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 58
....For the Respondent.
Writ Petition No.5 of 1991.
Judgment
Mainur Reza Chowdhury J.- This is a petition by Khapan Bittahin Co‑operative Society Limited for review of the judgment and order dated 7.5.91 passed by this Court making the Rule absolute Writ Petition No.2551 of 1990.
2. The ......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
....he Assistant Commissioner of Taxes preferred appeals before the Appellate Joint Commissioner of Taxes, B Range, Dhaka (West) Zone, Dhaka. The Appellate Joint Commissioner of Taxes found that the last date for hearing of the case was fixed on 27.6.1981 ad he stated “on examination of records all th...... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500...Category: Fiscal/Taxation Law | Date: | Hits: 98
....and why they should not be directed to provide plots to the petitioners as undertaken by the Government in Writ Petition No.1004 of 1980 and other petitioner as incorporated in the judgment and order dated March, 11, 1982.
2. The facts relevant for disposal of this Rule are that the petitioner's ......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....nother Vs. Registrar, Joint Stock Companies and another, 39 DLR 1. Civil Appeal No. 32 of 2011. Judgment Md. Abdul Wahhab Miah J. - This appeal by leave has arisen out of judgment and order dated the 26th day of October, 2009 passed by the High Court Division in Writ Petition No.9509 of 20......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
....ving in the college and he was not entitled to a higher scale. The writ petition is, therefore, liable to be dismissed. 4. The High Court Division upon hearing the parties by the impugned judgment dated 28th April, 2003 made the rule absolute and directed the writ respondent No.1 to issue MPO in ......fice. The question of notice arise when a person's legal or civil right is affected by the action of the authority. Where the impugned action involves no exercise of statutory power but soly based on breach of established procedure or where the writ petitioner has no legal right to hold higher post ..Category: Employment/Service Law | Date: | Hits: 204
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....e Nisi was issued upon an application under Article 102(2)(a) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause why the Notification No.403/Imn/III dated 18.4.73, Annexure‑B, to the petition issued by the Respondent No.1 in so far as it relates t...... would read: "It is not difficult to conceive of cases where from the very question of the action to be taken this principle cannot possibly have any application. Thus, can it be said, that when a breach of the peace is taking place in the view, of the officer or the authority empowered to preven..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
.... to the decree‑holder. 2. Upon an application under section 115 of the Code of Civil Procedure a Rule was issued calling upon the Judgment‑debtor opposite‑parties to show cause why the order dated 8.5.85 passed by the learned Munsif, 2nd Court, Narayangonj rejecting the application for exec......btors in civil prison and for attachment of their properties, it was held by Hasan, J that when there was a violation of prohibitory injunction there remained no decree to be enforced and that wilful breach of the injunction could not be held to be wilful failure to obey the decree as provided in Or..Category: Civil Law | Date: | Hits: 100
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
....il Review Petition No.17 of 2011) Not represented- Respondent Nos. 1-3 and 6-8 (In Civil Review Petition No.18 of 2011) Civil Review Petition Nos. 17-18 of 2011. (From the Judgment and order dated 1ST February, 2010 passed by the Appellate Division in Civil Petition No. 1044 (heard analogou...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 222
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....ich expertise is necessary and those matters are required to be considered when appointing the Chief Justice of the country. He pointed out from the provisions of the Constitution that there is no mandate for the appointment of the Chief Justice to be made from the senior-most Judge of the Supreme C...... further pointed out that the reference by the petitioner to a Constitutional Convention is not established; since admittedly the convention has been broken on 4/5 occasions and none challenged the breach of the convention of appointing from the senior-most Judge of the Supreme Court. He submitted..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....his Court as part of the main Petition, this Court issued a Rule Nisi on 25-7-2005 calling upon the Respondents to show cause as to why the impugned Memo No.LA/Na:gonj/15/2004-2005/19(Sangjukta)/2004 dated 31-1-2005 Pra (Annexure-'D') addressed to the Commissioner, Dhaka Division (Respondent No. 2...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....No.1 (In all the cases) None Represented—For Respondent Nos.2-5. (In all the cases) Civil Petition for Leave to Appeal Nos.1718 & 2686 of 2010 and 869 of 2011. (From the judgment and order dated 12-4-2010 passed by the High Court Division in Writ Petition No. 7242 of 2009). Judgment ......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..Category: Property Law | Date: | Hits: 68
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....No. 6114 of 2011. Judgment Md. Ashfaqul Islam J. - By this application the petitioner Golam Mustafa, who is the proprietor of Micro Trade Corporation a proprietary concern, challenges the order dated 23-6-2011 issued by the respondent No.2 on behalf of respondent No.1 directing the Manager, Me......the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..Category: Business or Commercial Law | Date: | Hits: 200
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....he Adalat, in short) and renumbered as Money Suit No. 27 of 1990. The defendant-petitioner did not receive any summon of the suit. Eventually, the suit was decreed ex parte by judgment and decree dated 1-8-1991 (decree signed on 10-8-1991). The judgment-debtors having failed to pay the decretal ...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ..Category: Civil Law | Date: | Hits: 83
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