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Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......he High Court Division has thus, rightly, maintained the order of the Court of Settlement by the impugned judgment and order. It also appears that the High Court Division upon examining the different provisions of the Ordinance of 1985 including section 7 came to the finding that the said section ca..Category: Property Law | Date: | Hits: 30
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....of depravity of the petitioner. 6. The learned Counsel appearing for the petitioner strenuously advanced his argument that the learned trial Court has concluded the trial without compliance of the mandatory provisions of sections 87/88 and section 339B of the Code of Criminal Procedure and, as su......ty of the petitioner. 6. The learned Counsel appearing for the petitioner strenuously advanced his argument that the learned trial Court has concluded the trial without compliance of the mandatory provisions of sections 87/88 and section 339B of the Code of Criminal Procedure and, as such, the im..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......izur Rahman is of unsound mind committed error of law which has occasioned failure of justice. Md. Farooq has taken me to the provision of Order XXXII rule 15 CPC which as follows: “Rule 15. The provisions contained in rules 1 to 14, so far as they are applicable, shall extend to persons adjudg..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......rference in the exercise of this Court’s discretionary Civil Revisional Jurisdiction under section 115 of the Code of Civil Procedure. 3. For the purpose of answering to the said questions posed provisions contained in rule 9 of Order 26 of the Code of Civil Procedure may profitably be noticed ..Category: Administrative Law | Date: | Hits: 236
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
.... is made on a solemn declaration to the effect that the statements are true to his knowledge and no part of it is false. 8. The provisions to be followed as under rule 19 of Order 5 of the Code is mandatory and need be followed strictly. The serving officer and the court need be conscious of this......er enquiry in the matter as it thinks fit and proper and thereafter may either declare that the summons has been duly served or order such other service as it deems fit and proper. 6. Both these provisions under rule 17 and rule 19 be read together and when read together it would be seen that u..Category: Procedural Law | Date: | Hits: 66
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......adesh on this point. In the case of Md. Abdul Jalil Anseri vs. SurendraNath Basu and others reported in 21 DLR, 331, a Division Bench of the Dhaka High Court (as it then was) after considering the 'provisions of Section 283 of the Succession Act, 1925 has held as follows:- "In order to entitle ..Category: Property Law | Date: | Hits: 54
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......s Order No.68 of 1972). Under Articles 24 and 25 thereof the Government and the Board of Directors of the Corporation are authorised to make rules and regulations respectively to give effect to the provisions of the said Presidential Order. It is admitted that no rules or regulations have been f..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......ree in accordance with the main prayer of the plaintiff was an error in the nature of an accidental slip and there is no difficulty in rectifying this error by passing an appropriate decree under the provisions of Order XLI rule 33 of the Code of Civil Procedure. The appellate Court is not to be ..Category: Civil Law | Date: | Hits: 85
.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
......allegation contained in the report published in the above newspaper.
3. To determine the question whether such a direction for holding investigation can be given, we are to consider the relevant provisions regarding holding of investigation on receipt of information of commission of an offenc..
Category: Anti-Corruption Laws | Date: | Hits: 178
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ment or the appointed authority. 31. From the side of the petitioner it has been argued strongly that the property in question was leased out to the petitioner on observance and fulfillment of the mandatory requirements of this rule 26 and on obtaining approval of the president and thus this leas......lleged by the respondents but it is actually Class B-4 land which, according to the learned Counsel, is very much apparent from the relevant Official files. The learned Advocate has read out relevant provisions namely Rules 15, 16 and 26 of the Cantonment Land Administration Rules, 1937 and has cont..Category: Property Law | Date: | Hits: 88
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......ion Act are to the effect: 3. “Scope.- (1) This Act shall apply where the place of arbitration is in Bangladesh. (2) Notwithstanding anything contained in sub-section (1) of this section, the provisions of sections 45, 46 and 47 shall also apply to the arbitration if the place of that arbitr..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....d Mahbubar Rahman, learned Advocate-on-Record, appearing for the petitioner submitted that in view of the facts and circumstances of the case the alleged arbitration has been done in violation of the mandatory provisions of Section 3 of the Arbitration Act; that the finding of the High Court Divisio...... Rahman, learned Advocate-on-Record, appearing for the petitioner submitted that in view of the facts and circumstances of the case the alleged arbitration has been done in violation of the mandatory provisions of Section 3 of the Arbitration Act; that the finding of the High Court Division as to th..Category: Property Law | Date: | Hits: 30
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
.... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ......f the Code of Civil Procedure. Mr Sobhan has also argued that no specific procedure has been laid down in the Artha Rin Adalat Ain, 1990 regarding execution of a decree. However, he conceded that the provisions relating to execution of a decree as laid down in the Code of Civil Procedure may not be ..Category: Civil Law | Date: | Hits: 89
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......any, filed against the commissioner’s report will be dealt with and disposed of. In order to decide the points raised by the learned Advocates of the parties I feel it necessary to quote the entire provisions of rule 14 of Order XXVI of the Code which is as under: “14. (1) The commissioner sh..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......cord submitted that in view of repeal of section 93A and 93B of the Town Improvement Act and substitution of section 79 of the said Act by Act No. 29 of 1987 requisitioned land would be guided by the provisions of Acquisition and Requisition of Immovable Property Ordinance, 1982 as per the provision..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... learned Judge allowed the prayer of the plaintiff-petitioner in the matter of recalling some tender documents from the office of the defendant No. 4. Learned Judge on the basis of an application for mandatory injunction filed under section 151 of the Code, also, issued notices upon the defendants t......hich in its opinion are erroneous of wrongful”. It is again stated that: “The doctrine of stare decisis cannot be involved to sustain, as authority, a decision which is in conflict with the provisions of the state constitution, or a decision which is in conflict with a previous statutory e..Category: Property Law | Date: | Hits: 34
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66....... Exchange, it was required to be registered under section 3 of the Securities and exchange Ordinance, 1969 to operate and perform its functions as a Stock Exchange. Consequently, by virtue of various provisions of the relevant laws dealing with the Stock Exchange and Securities particularly sections..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ...... defamation or incitement to an offence (a) the right of every citizen to freedom of speech and expression; and (b) freedom of the press, are guaranteed”. 23. From the above constitutional provisions I find that every citizen has got the right to move freely throughout Bangladesh, it is t..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......llegal encroachment, earth filling and temporary & permanent structures building on the River Buriganga, Turag at Dhaka and on the River Shitalakkha at Narayangonj, which were built violating the provisions of the Bangladesh Environment Conservation Act, 1995 (amended in 2000 and 2002), and ..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......ure of justice. 20. He submitted that the directions given by the High Court Division in disposing of the instant company matters are arbitrary, devoid of logic and based on misappreciation of the provisions of law, which is erroneous and requires interference of this Court for the ends of justic..Category: Company Law | Date: | Hits: 191
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