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....e Judgment of acquittal dated 16‑2‑83 passed in favour of the petitioner by the Summary Martial Law Court No.2, Bogra into one of conviction should not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The Petitioner Abdur Rahman has filed this appl......
M A Aziz J
Abdur Rahman………………………………….Petitioner
Vs.
Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others………………………………………..Respondents
Judgment
April 3, 1997.
......
M A Aziz J.- This Rule Nisi on the application under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause, why the impugned order dated 14‑9‑83 (Annexure‑C) passed in Review by the Chief Martial Law Administrator brief..
Category: Constitutional Law | Date: | Hits: 259
....f Sonaichhari Mouza under Sitakunda Police Station in favour of respondent Nos.15-19 for setting up of ship breaking yards therein shall not be declared illegal, against public interest and without lawful authority.
3. The petitioner, BELA is an association registered under the Societies Regist......
Md. Imman Ali J
Md. Abu Tariq J
Bangladesh Environmental Lawyers Association(BELA)……………………Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others……………………..Respondents
Judgment
September 9, 2010.
......ya Sonaichhari. The petition was filed when the respondents gave no reply to the said notice of the petitioner.
11. Respondent Nos.1, 7, 9, 15, 16, 18 and 19 entered appearance before the Court in order to contest the Rule and filed affidavit-in-opposition. Both the petitioner and the contesting ..
Category: Environmental Law | Date: | Hits: 891
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......LC (HCD) (2011) 118. ......proceedings in Mohammadpur PS Case No.40(11) 98 arising out of Petition Case No.4182 of 1998 pending on the Court Chief Metropolitan Magistrate, Dhaka should not be quashed and/or such other or under order or orders passed as to this Court may seem fit and proper. 2. Short facts relevant for the ..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....der date 31.03.1980 passed by this Court is hereby withdrawn, Assistant Police Commissioner, Kotwali Zone is therefore requested to proceed with his investigation. Seen a petition filed by the Id. lawyer of the defence. Let a copy of the petition be sent to the President, Chittagong Bar Associati......with M. K. Dastidar—For the Opposite Parties. Criminal Revision No. 232 of 1982. Judgment Mohammad Habibur Rahman J.—This Rule was issued calling upon the Deputy Commissioner, Chittagong and the accused opposite parties Abdur Razzaque Dovash, Abdul Hamid Dovash, Abdul Halim Dovash, and ......ued calling upon the Deputy Commissioner, Chittagong and the accused opposite parties Abdur Razzaque Dovash, Abdul Hamid Dovash, Abdul Halim Dovash, and Abdul Karim Dovash to show cause as to why the order dated 29.09.1979 directing reinvestigation of the case passed by the Sub-Divisional Magistrate..Category: Criminal Law | Date: | Hits: 93
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....provided in the Code of Civil Procedure that a “Public Officer” is also Subordinate to the High Court division or to the Civil Court. 6. The Waqfs Ordinance is a special statute governing the law relating to the administration and management of waqf properties in Bangladesh. When the Admin......amul Haque—For the Petitioner. Md. Hannan with Abul Quasem—For the Opposite parties. Civil Revision No.369 of 1983. Judgment Mustafa Kamal J.- This rule obtained under section 115(1) and 115(3) C.P.C. as they stood on 27.10.1983, calls into question the judgment and order dated 24.0......arties. Civil Revision No.369 of 1983. Judgment Mustafa Kamal J.- This rule obtained under section 115(1) and 115(3) C.P.C. as they stood on 27.10.1983, calls into question the judgment and order dated 24.08.1983 passed by Mr. Mahmudul Amin Choudhury, District Judge, Dhaka in Civil Revisio..Category: Trust/Waqf Law | Date: | Hits: 121
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
.... Mr. Khair Ezaz Maswood, the learned Advocate appearing for the petitioner after placing the impugned judgment and other materials on record submits that the learned District Judge seriously erred in law in passing the impugned judgment and order without properly applying his judicial mind into the ...... Present: Sheikh Abdul Awal J M. Moazzam Hussain J Harunur Rashid Bhuiyan.......................Petitioner Vs. Pubali Bank Ltd, represented by Manager, Lakshmipur Branch, Lakshmipur and others.........................................Opposite parties Judgment April 27, 2010. ......sp; Civil Revision No.3160 of 2006. Judgment Sheikh Abdul Awal J.- This revisional application under section 115(4) of the Code of Civil Procedure is directed against the judgment and order dated 4.5.2006 passed by the learned District Judge, Lakshmipur in Civil Revision No.07 of 200..Category: Civil Law | Date: | Hits: 176
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
....re-A, A-1, B and B-1 filed in Writ Petition No.3152 of 2009, submits that the voter list containing the names of 261 voters was in fact approved by the proper authority and therefore the election was lawfully held. 13. Discussion and Findings: I have perused the materials on record including t......ivision (Civil Revisional Jurisdiction) Present: Md. Emdadul Huq J Fakir A Matin..........................Petitioner Vs. Gaosul Azam Bachchu, Vice President and others.......Opposite parties Judgment October 6, 2010. Result: The Rule is made abs......s Vice President and Members and Opposite Party No.9 as the President of Gafargaon UCCA. But the Joint Registrar and Appeal Officer of Divisional Co-operative Societies Office, Dhaka Division, by his order dated 23.4.2009 passed in Appeal No.01 of 2009, declared the entire election illegal. The said..Category: Others | Date: | Hits: 140
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....tion of the plaint. 2. Plaintiffs‑opposite parties have instituted the suit for declaring an order dated 27‑8‑89 of the defendant No.1 Administrator of Waqfs as void, illegal and without any lawful authority. By this order passed under sub‑section (1) of section 64 of the Waqfs Ordinance ......raying for rejection of the plaint. 2. Plaintiffs‑opposite parties have instituted the suit for declaring an order dated 27‑8‑89 of the defendant No.1 Administrator of Waqfs as void, illegal and without any lawful authority. By this order passed under sub‑section (1) of section 64 of the ......sion No.1359 of 1989. Judgment Md. Gholam Rabbani J.- This Rule obtained by the defendant No.3 in Tide Suit No.142 of 1989 of the 1st Court of Subordinate Judge, Barisal, is directed against an order dated 3‑10‑89 rejecting this defendant's application filed under Order 7, rule 11, CPC pra..Category: Trust/Waqf Law | Date: | Hits: 131
State Vs. Mesbahuddin, 1996, 25 CLC (HCD)
....‑88 and on the same date he succumbed to his injury. He brought the death certificate Ext.10. At the time of his death his name was not known but subsequently it was gathered from his mother-in‑law. This is the only isolated statement so far made by the prosecution that deceased Tajul died as ......……Appellants Vs. State……………………………………….Respondent Judgment January 31, 1996. Result: The reference is rejected. The Criminal Appeal No.1064/92 and Jail Appeal No.823/93 are allowed. Lawyers Involved: Abdul Malek with Imman Ali and AHM M......on accused Mesbahuddin, the jail appeal preferred by the condemned prisoner being Jail Appeal No.823/93 and the Criminal Appeal being Criminal Appeal No.1064/92 Preferred by accused Arzan against the order of conviction and sentence passed by the Additional Sessions Judge, Narayangonj in Sessions Ca..Category: Criminal Law | Date: | Hits: 87
....as primarily highlighted the fact that in issuing the letter of Guarantee the two P. & I. clubs have by that reason automatically brought themselves under the purview of both statutory and common law standards that define and govern the tripartite relationship between a guarantor, a creditor and......y Jurisdiction)
Present:
Syed Refaat Ahmed J
United Edible Oils Limited………………………………Plaintiff
Vs.
The London Steam Ship Owners Mutual Insurance Association Ltd. and others…………………………………Defendants
And
United Edible Oils Limited…...... all, P. & I. clubs contain what is commonly called a "pay to be paid" provision. That is a provision, capable of being expressed in a variety of different terms which stipulates that a member in order to be entitled to an indemnity in respect of liabilities or expenses incurred by him, must fir..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)
....d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ...... High Court Division (Admiralty Jurisdiction) Present: AFM Abdur Rahman J GE Sea Co. Services Ltd…………………………Plaintiff-Petitioner Vs. Continental Traders BD Ltd. and others…………………………Respondents Judgment January 14, 2010. Result: T......No.1 Continental Traders (BD) Ltd. along with the proforma defendant No.2 EP Carrier PTE. Ltd. and proforma defendant No.3 Eagle Corporation PTE Limited praying for a decree (wrongly mentioned for an order) for the immediate return of the containers, 311 piece in quantum, owned by the plaintiff GE S..Category: Admiralty Law or Maritime Law | Date: | Hits: 320
....on the respondents to show cause as to why failure to take necessary legal action against the institution, which is allegedly resorting to fraud against the students in the pretext of conferring U.K. law decrees, without having any affiliation/ approval of any authenticated University of the United ......riginal Jurisdiction)
Present:
Tariq ul Hakim J
Md. Faruque J
Rehana Ali………………………..Petitioner.
Vs.
Bangladesh, represented by the Secretary, Ministry of Education and others …………. Respondents
Judgment
May 24 and 25, 2012.
Result:
The Rule is...... respondents to prepare a guide line for controlling the fraud purported by unauthorized educational institutions in the pretext of providing foreign law degrees and and/or pass such other or further order or orders as this Court may seem fit and proper.
This is a public interest litigation.
..
Category: Others | Date: | Hits: 146
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
....arty to the suit to testify in all civil proceedings. And in criminal proceeding against any person the husband of wife of such person shall be a competent witness. Son has not been qualified under law to be a competent witness for their parents. 10. In the decision of Shanai Bibi being dead he......2010) 35. ......zim and others Vs. Nur Islam being dead his heirs, Doly Islam and other 4 BLC 195, where it has been held that burden of proof is the obligation to adduce evidence to the satisfaction of the Court in order to establish the existence or non-existence of the a fact contended by a party. The provision ..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....of Civil Procedure for rejection of the plaint. In the application it has been stated that, according to clause No.2, of the bainanama the suit is barred in different Count, including it is barred by law of limitation. The learned Judge by the impugned Judgment rejected the plaint on the ground of l......t High Court Division (Civil) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J Shawkat Ali Chowdhury...................................Appellant Vs. G. Murshed Reza and others............................Respondents Judgment July 16, 2009 Result: The ap......Contract executed by respondent-defendant No.1, G. Morshed Reza for selling the suit property described in the schedule to the plaint. In the suit, defendant No.1 appeared and filed application under order VII rule 11 of the Code of Civil Procedure for rejection of the plaint. In the application it ..Category: Civil Law | Date: | Hits: 200
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....ese aspects of the case came to an erroneous finding that the petitioner committed the offence under Section 19A of the Arms Act, 1878. The learned Advocate contends that the Arms Act being a special law, the every aspect of the allegation must be cogently proved before the tribunal through corrobor......onvict- Petitioner Vs. The State…………………………Respondent Judgment April 12, 2009. Result: The rule is made absolute. Cases Referred to- Abdul Quader Chowdhury and others Vs. the State, 28 DLR (AD) 38; Ghulam Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317; Gian......nbsp; Criminal Miscellaneous Case No.11765 of 2007. Judgment AFM Abdur Rahman J.- This Rule issued, under Section 561A of the Code of Criminal Procedure, is directed against the judgment and order of conviction and sentence dated 11.10.2006, passed by the learned Special Tribunal No.4, Fe..Category: Criminal Law | Date: | Hits: 115
....der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A).
In the result, this application is summarily rejected.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 4.
......Present:
ABM Khairul Haque J
Md. Abu Tariq J
STS Holding Limited (Apollo Hospitals, Dhaka)……………………Petitioner
Vs.
National Board of Revenue represented by its Chairman and others…………………Respondents
Judgment
August 28, 2008.
Result:
The applic......gust 28, 2008.
Result:
The application is summarily rejected.
Mere keeping 10% of the total number of beds in the hospital for the poor is not enough to get the statutory tax exemption. In order to get the tax exemption under the provisions of the SRO No.180-Ain/99 dated 1.7.1999, this is..
Category: Fiscal/Taxation Law | Date: | Hits: 237
Shamsuzzaman Vs. State and others, 2007, 36 CLC (HCD)
....tion is accordingly disposed of. Let a copy of the order be sent to the learned Metropolitan Sessions Judge, Dhaka for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 98. ......eme Court High Court Division (Criminal) Present: Md. Ali Asgar Khan J Moyeenul Islam Chowdhury J Shamsuzzaman……………………………Appellant-Petitioner Vs. State and others………………………………Opposite parties Judgment March 11, 2007. Res......in Metro-Sessions Appeal No.177 of 2007 now pending in the Court of Metro-Sessions Judge, Dhaka. 2. The learned Advocate submits that the learned Metropolitan magistrate, Dhaka by his Judgment and order dated 28.12.2006 convicted the appellant petitioner under section 420 of the Penal Code and se..Category: Criminal Law | Date: | Hits: 106
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....er No.2 informed by one of the officials of the respondent bank about the filing of the title execution case. It has been contended that the trial Court which was passed the preliminary decree had no lawful authority to draw final decree after the expiry of 3 years as provided under article 181 of t......se is also Reported in: 15 BLT (HCD) (2007) 99. ...... Mesbahuddin with A.K.M. Asiful Haque - For petitioners. Md. Harunur Rashid - For the respondent No.2. Writ Petition No.3707 of 2003. Judgment Md. Awlad Ali J.- This Rule arises out of an order dated 24.4.2003 passed by the Joint District Judge and First Artha Rin Adalat, Dhaka allowing ..Category: Limitation Law | Date: | Hits: 162
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....upon the Respondents to show cause as to why Fazlu alias Hafiz alias Hafizur Rahman alias Happy should not be brought before this Court so that it may satisfy itself that he is not being held in an unlawful manner and to show cause as to why the continued restraint of Fazlu alias Hafizur Rahman al......cial Original Jurisdiction) Present: Nozrul Islam Chowdhury J Md. Rezaul Haque J Ain-O-Salish Kendro (ASK)………………………………Petitioner Vs. Government of Bangladesh and others……………………………………Respondents Judgment April 19, 26, 27, 200......the continued restraint of Fazlu alias Hafizur Rahman alias Happy in bar fetters should not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. During pendency of the afores..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....hefa Hossain, Assistant Attorney-General - For the Respondent No.3 (In both the cases). Writ Petition Nos. 3437, 3772 of 2008. Judgment Zinat Ara J.- As identical questions of fact and law are involved in Writ Petition Nos.3772 of 2008 and 3437 of 2008, these writ petitions are taken ......Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ...... in the schedule on which No.5 Union Parishad Complex Bhaban is to be constructed. 4. Facts of both the writ petitions are more of less the same which, in brief, are as under: The Government in order to strengthen the Union Parishads all over the country and for rendering service to the people..Category: Property Law | Date: | Hits: 130
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