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Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ained by an order of injunction from leasing out the land of Maowa Riverport and its foreshore land in any manner and/or such other or further order or orders passed as to this court may seem fit and proper. 2. Mr. SM Rezaul Karim the learned Advocate appearing with Mr. Sheikh Fazle Noor Taposh...... DLR (HCD) (2013) 535 .......মুজেপ 0011/06/12/92 dated 7-5-2012 as per Annexure-'D' to this writ petition seeking further declaration that the said Annexure-D is without lawful authority and is of no legal effect and as to why the respondents should not be restrained by an order of injunction from l..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....trash Birodhi Ain, 2009, now pending before the 3rc Court of the Special Judge, Dhaka should not be quashed and/ or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the instant Rule are as follows;— On 25-2......t: The Rule is disposed of. Cases Referred to- Sayed Ahmed Vs. the State, 10 DLR (SC) 12; State of Goa Vs. Babu Thomas, (2005) 8 SCC 130; Baij Nath Prashad Tripathi Vs. State of Bhopal and Sudhakar Dube Vs. State of Bhopal PLD 1957 Supreme Court (India) 406. Lawyers Involved: ......thout taking sanction from the concerned District Magistrate as provided in section 40(1) of "Santrash Birodhi Ain, 2009 had investigated the case and, as such, the investigating officer acted illegally in investigating the case as well as submitting the charge-sheet, which vitiated the wh..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 ......Division (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Islam J ABM Mohiuddin Chowdhury.............Petitioner Vs. Anti-Corruption Commission and others...............Respondents Judgment ......les, 2007 read with section 109 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be declared to have been made without lawful authority and is of no legal effect. 2. Mr. HS Deb Brahman, the learned Advocate appearing on behalf of the petitioner..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
....dant he filed an application under Order VI, rule 5 of the Code of Civil Procedure for furnishing further and better statement in as much as it was very much applicable as well as acceptable for proper adjudication into the matter in dispute. The learned Advocate for the opposite-party also sub...... of 1999 is illegal. 2. The facts leading to the issuance to the leave in a nutshell; can be stated thus, the plaintiff-petitioner filed the original Title suit alleging that the plaintiff as a landlord on the basis of a written agreement dated 14th June, 1993 entered into a settlement with the......l District Judge, 8th Court, Dhaka in Civil Revision No. 242 of 2009 reversing those of dated 19-7-2009 passed by the learned Joint District Judge, 1st Court, Dhaka in Title Suit No. 323 of 1999 is illegal. 2. The facts leading to the issuance to the leave in a nutshell; can be stated thus, the..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....ed Senior Advocates, the impugned judgment and the materials on record. 11. Before addressing the conflicting submissions of the learned Senior Advocates of both the sides, it would be proper to go through the submissions of the learned Advocate, on which, leave was granted as under:&...... The appeal is dismissed. Legitimate expectation The root of the principle of legitimate expectation is constitutional principle of rule of law which requires regularity, predictability and certainty in Government's dealing with the public…………&helli......salaries and other service benefits in spite of the decision of the ECNEC to absorb the writ-petitioners in the revenue budget as per Rules and Regulations. The writ-petitioners, thereafter, served a legal notice dated 29th June, 2008 claiming arrear salaries amounting to Taka 1, 07, 08,048. Pursuan..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
....uary 26, 2013.
Result:
The Rule is made absolute
Setting-Aside Auction Sale on the Ground of Material Irregularity—
The decree-holder got the plot numbers of the property correct which was sold in execution of the decree after the confirmation of the sale w......rul Haque J
Md. Badrzzaman J
Sayeda Kamrun Jahan Chowdhury.....................Petitioner
Vs.
Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittaong and others................Respondents
Judgment
February 26, 2013.
Result......2011 passed by the learned Judge of the Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Case No. 69 of 2010 should not be declared to have been made without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..
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)
....neral Financial Rules, Volume-1, Chapter-II of the Act-IV, contract general principle under Article 19(I) 19(II) 19(III) and 19 (V). 11. Due to its design problem the 76 mm main gun did not work properly and the company did not provide 2 (two) 40 mm Gun in accordance with the terms of the contr......p;………..Opposite party Judgment February 14, 2013. Cases Referred to- Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) (1997) 44; Alauddin and others Vs. The State 4 BLD (HCD) 75. Result: ......nded for change. The petitioners as high-ranking officials of the Navy followed the required procedure in purchasing the said Frigate, in performance of their official duties and no irregularity or illegality has been committed in the procedure rather it has maintained the procurement rules in which..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....intention of cheating of the petitioner, so any charge of cheating under sections 420 of the Penal Code cannot be sustained. It is further submitted that the petitioners were never entrusted with any property or there is no allegation of any misappropriation of property by the petitioners. So t......lip;(10) Cases Referred to- Habibur Rahman Mollah (Ex-Member of parliament) Vs. State, 62 DLR (AD) 233; Md. Musa Vs. Kabir Ahmed, 9 BLD (AD) 118 = 41 DLR (AD) 151; Md. Islam Vs. Amal Chandra Mondal, 13 BLD (AD) 28 = 45 DLR (AD) 27. Lawyers Involved: AKM Shamsul Huq, Advocate......nd continuation of the same will be resulted into an abuse of the process of the Court and that the proceedings started against the petitioners are bad in the eye of law and are not based on any legal footings. So for the ends of justice it is liable to be quashed. 7. He cited the de..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....itioner has any right he could seek remedy before the civil Court, not in the instant writ petition. The findings arrived at and the decision made by the High Court Division having been based on proper appreciation of law and facts do not call for interference. Accordingly, this civil peti......inha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Rana Kaiser Siddiq..................Petitioner Vs. Bangladesh Chemical Industries Corporation and others………Respondents Judgment February 14, 2013. Result: ......pt the 1st, 2nd and 3rd highest bidders within 10 days of opening of the bids. The earnest money of the 1st, 2nd and 3rd highest bidders were to be retained until a decision was taken. So, there were legal obligations under Clause 2.2 of the tender schedule that after expiry of 30 days a decision ha..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....9 passed by the learned Assistant Judge, Muladi, Barisal in Title Suit No.106 of 2005 should not be set-aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in a nutshell can be stated thus, the ......his Case is also Reported in: 18 BLC (HCD) (2013) 386. ......s yet to be fit for cultivation and the same is still a lower shore of the river ArialKha and in near future as the suit property would become fit for cultivation, the plaintiffs filed the suit for illegal gain. 4. The Trial Court, i.e. learned Assistant Judge, Muladi, Barisal in Title Suit No...Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
..... Accused shall rebut presumption Under the provisions of section 27(2) an accused shall have to rebut presumption about the allegation and explain his position regarding the acquisition of properties disclosing sources of income. Mere denial of allegation can not be taken into considerati......ary 10, 2013. Result: The Rule is discharged. Accused shall rebut presumption Under the provisions of section 27(2) an accused shall have to rebut presumption about the allegation and explain his position regarding the acquisition of properties disclosing sources of income. Mere ...... Officer did not obtain any sanction as required under section 32 of the Anti-Corruption Commission Act, 2004. Another ground placed before us is that calculation of value of the assets was unjust, illegal, and impractical. The learned Advocate further submits that no property of the accused-petitio..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....thority and is of no legal effect as it alleged to have been in violation of Section 32(1 )(Ja) of Act 52 of 2009 and/or such other or further order or orders passed as to this court may seem fit and proper." 2. While issuance of the rule, a direction was given by this court upon the respo......rt Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J AKM Mahtabul Islam .......................Petitioner Vs. Bangladesh and others ....................Respondents Judgment January 30, 2013. Result: Th......the notification dated 2-2-2011 so far as it relates to Serial No. 1 declaring of Sarwar Kamal as Mayor of Cox's Bazar Pourashava should not be declared without lawful authority and is of no legal effect as it alleged to have been in violation of Section 32(1 )(Ja) of Act 52 of 2009 and/or ..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
...., 1957, now pending before the Court of learned Metropolitan Senior Special Judge, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. It stands out from the record of the case that at the time of issuance of the Rule a......s Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Abdullah-al-Noman……………...............Petitioner Vs. State and another..........................Opposite-Parties Judgment January 24, 2013. Resu...... section 4(2) of the Anti-Corruption Act, 1957, and in that view of the matter the notice issued under section 5(2) of the Anti-Corruption Act, 1957 by the Bureau of Anti-Corruption was not valid and legal notice in the eye of law, and on that score, the impugned proceedings initiated against the ac..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....and 27(1) of the Anti-Corruption Commission Act, 2004, now pending in the Court of Special Judge, Bogra, should not be quashed and/or pass such other order or orders as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all further proceedings of the above mentione...... (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Mohidul Islam (Ripon)(Md.)....................Petitioner Vs. State and another……………………………O...... to known sources of income and identify his actual sources of income in the charge-sheet. According to his contention, mere statement in the charge-sheet that certain properties have been acquired illegally is not acceptable for the purpose of prosecuting the accused-petitioner. As such, continuati..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
.... in favour of the 'Sree Sree Shashan Kalimata’. The local Hindu Community had been performing religious rites there. The villagers appointed defendant No.1 as 'Shebait' for the management of the properties of the deity and to perform other religious rites. During the last settlement operation,......ellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Paresh Chandra Biswas……………………..Petitioner Vs. Shree Shree Shashan Kalimata Idol an......ers of worshipping Vishnu and they are not entitled to offer Shashan Kali Puja not to speak of appointing as Shebait of the deity. After that, the defendant raised another question that there is no legal evidence about mismanagement and/or misappropriation of the deity's property and his further ..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....e the Workers’ Union made a representation to the Management mentioning his termination to be arbitrary and motivated and the Management has not yet responded thereto, we think it would be just and proper if the Management of Crescent Jute Mills Ltd. considers the said representation and take a de......vision (Special Original Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Md. Sadek Ali……………………….....Petitioner Vs. Government of Bangladesh and others…...Respondents Judgment January 13, 2013. Result: The Rule is dispo......ocate-For the petitioner. Tufailur Rahman, Advocate-For respondent no. 2. Writ Petition No.7903 of 2011. Judgment Md. Ruhul Quddus J.-This Rule nisi was issued calling in question the legality of an order as contained in MemoNo.CJM/LB/13(Ka) 68 dated 4.8.2011 issued by the General Ma..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....f the petitioner bearing "Delivery Slip" with Enrolment ID MRP 260100000327956 and is of no legal effect and /or pass such order or further order or orders as to this court may seem fit and proper". 2. The averments of the petitioner are as follows:— The petitioner bei......dique J ABM Altaf Hossain J Mir Sharafat Ali………………………………Petitioner Vs. Govemment of Bangladesh and others…………Respondents Judgment January 10, 2013. Resu......as to why the respondents should not directed to deliver the Machine Readable Passport in favour of the petitioner bearing "Delivery Slip" with Enrolment ID MRP 260100000327956 and is of no legal effect and /or pass such order or further order or orders as to this court may seem fit and pr..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....the Court of Chief Metropolitan Magistrate, Chittagong so far it relates to the accused-petitioner Md. ShafiquI Alam, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all further proceedings of the above mentioned cas...... in the Court of Chief Metropolitan Magistrate, Chittagong so far it relates to the accused-petitioner Md. ShafiquI Alam, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all further proceedings of the above mentioned......a criminal proceeding in the true sense of term and, as such, an application for quashing of such proceeding is not entertainbale. 13. Having due regard to the aforesaid facts, circumstances and legal aspect, we are inclined to hold that there is no allegation and material to show prima-facie c..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....the particulars of the offence by name, the date, time and place. The accused is entitled to know with accuracy and certainty the exact, nature of the charge brought against him so that he can take proper defence. Unless he has this knowledge, he will be prejudiced in his defence. So, framing of ...... (Criminal) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Habibur Rahman @ Habu and others..........Appellants Vs. The State..........................Respondent Ju......াদের জবানবন্দি ও জেরা শুনিয়াছেন। আপনার জবাব কি..............................? This is not at all a correct and legal compliance of formality. The learned Sessions Judge has not at all drawn the attention of th..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....ari (renumbered as CR Case No. 3 of 2009) framing charge under section 406 of the Penal Code, should not be quashed/set-aside and /or pass such other order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned ...... ......towards part payment of the dues amounting to Taka 35 lac in favour of the complainant bank on 1-12-2004, but it was dishonoured by the Bank on several dates at last being on 16-2-2005. After serving legal notice on 23-3-2005 by the accused -petitioner, the complaint case was filed on 14-6-2005 unde..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
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