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....an and the Member, as is evident from section 7 of the Ordinance, are the same; they are elected to their respective offices by direct election on adult franchise and they may be removed therefrom by identical processes. Thus, as regards their functions, entering into their respective offices with......ammad Abdur Rouf J.- In this Rule Nisi, issued on 11.2.90, under Article 102 of the Constitution of the People's Republic of Bangladesh, the petitioner, who is the Chairman of a Union Parishad, has questioned constitutionality of clause (a), sub-section (2) of section 6 of the Local Government (...... and distinct. So far as their functions regarding the Union Parishad, sometimes they have been described separately and sometimes they have been described as complementary to each other, but the facts remain that the Ordinance itself has maintained some sort of distinction in between the two of..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......istrict Court, Dhaka (i.e. Court of the District Judge, Dhaka) and that the Subordinate Judge & Commercial Court No.1, Dhaka had no jurisdiction to entertain the certified copy of the decree in question under section 44A (1) of the Code for execution. Upon hearing the parties the learned Subor....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...Category: Procedural Law | Date: | Hits: 168
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to the this court may seen fit and proper. 2. The relevant facts which are required for disposal of the writ petition are that on 13-4-2009 the respondent No.5..Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... J.- Supplementary affidavits filed in both the writ petitions be formed part of the main petitions. 2. Both the writ petitions are taken up together and disposed of by a single Judgment as common question of law is involved in both the writ petitions. 3. In writ petition No.8362 of 2009 and w......on 561A of the code of Criminal Procedure are quite premature and so the high court Division should not enter into the first information report and the charge sheet in order to appreciate whether the facts alleged therein constitute any offence or not.” (underlined by us) 13. Fortified with the..Category: Criminal Law | Date: | Hits: 89
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......nd/or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 30-7-2006, operation of the impugned Judgment and decree was stayed. 3. The necessary facts for disposal of the Rule are that the 'Ka Schedule' land appertained to SA Khatian No.232 and ..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......ng order dated 10-11-1999, operation of the Judgment and decree dated 10-4-1995 passed by the Subordinate Judge, Arbitration Adalat, Dhaka in Title Suit No.106 of 1992 was stayed. 3. The necessary facts for disposal of the Rule are that on 4-1-1978, the opposite party No.1 Mr. AKM Shamsul Alamin ..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533....... Sk Hasan Ali, Advocate - For the Respondent No.3. Writ Petition No. 9294 of 2008. Judgment Zinat Ara J.- In this application under article 102 of the Constitution the petitioners called in question the legality, of the order dated 23-11-2008 passed by the learned Judge of Artha Rin Adalat......eed No.10684/2008 dated 26-11-2008. The possession of the property was also handed over to him and he also mutated his name relating to the said property. The petitioners by suppressing the materials facts have filed this writ petition and obtained the rule. 6. The petitioners also filed an affid..Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ention Act, 2009 was enacted with retrospective effect from 15-4-2010, that is, the date on which the Ordinance was promulgated. The sections of the Ordinance of 2008 and those of the Act of 2009 are identical except sections 1 and 31. 32. From the above, we find that no illegality was committed ......f the case was lodged on 26-10-2009 under sections 2(ট)(আ)(ই)/4(2) of the Money Laundering Prevention Act 1009. According to the prosecution, the occurrence took from 1-1-2003 to 31-5-2007. Two questions are to be decided in this Rule. (1) Whether the Money Laundering Prevention Act 2009 ap...... Mr. Rafique-ul-Huq, learned Advocate for the petitioner, submits that he will not press the Rule so far as it relates to the constitutionality of the Money Laundering Prevention Act, 2009. 3. The facts leading to the issuance of the Rule, in brief, are: The petitioner was arrested from his re..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......m of verification is in place but the certificate of the petitioner was issued in 1984 before the system of verification was introduced in 1995 which the entire matter of the petitioner is a disputed question of fact thus the writ petition is not maintainable which he submits that the Rule should li......and why they shall not be directed to turn back the original mark sheet and certificate of his BA (pass) examination to the petitioner bearing Roll No.15946, examination year 1983. 2. Briefly, the facts of the case is that, the petitioner Mohammad Abul Kashem passed Secondary School Certificate E..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......7 of 2009). Writ Petition Nos. 4206, 5067, 4202 and 4207 of 2009. Judgment Md. Ashfaqul Islam J.- Writ petition Nos.4206, 5067, 4202, 4207 of 2009 are heard together and disposed by a common question of fact and law. 2. In writ Petition No.4206 of 2009 initiation of Tejgaon PS Case No. 5......ction 561A the Code of Criminal Procedure are quite premature and so the High Court Division should not enter into the first information report and the charge sheet in order to appreciate whether the facts alleged therein constitute any offence or not." (underlined by us) 10. The process that has..Category: Criminal Law | Date: | Hits: 107
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ....................Respondents Judgment July 30, 2012. Result: This petition is dismissed. Suit for specific performance of contract In a suit for specific performance of contract, the question to be decided whether there had been a valid contract between the parties and whether consi......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......ed Subordinate Judge, Kushtia in Title Appeal No.72 of 1976 reversing the judgment and decree dated 26.05.1976 passed by the then Munsif, First Court, Kushtia in Title Suit No.572 of 1970. 2. The facts, leading to the filing of this petition, in brief, are: The petitioners herein as the plain..Category: Property Law | Date: | Hits: 101
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ......No.293 of 2009. 9. Mr. Mahbubey Alam, learned Attorney General, appearing on behalf of the appellants, submits that the writ petition on which Rule Nisi was issued was not maintainable because the questions raised there could not be addressed under the writ jurisdiction. He further submits that t......ve by appellants is directed against the judgment and order dated 09.11.2004 passed by a Division Bench of the High Court Division in Writ Petition No.770 of 2004 making the Rule absolute. 2. The facts narrated in this appeal are précised below: Alhaj Sheikh Mohammed Noor, father of the resp..Category: Property Law | Date: | Hits: 121
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......tion and if the mighty accused-petitioner is granted bail the investigation of the case will be hampered as he holds very powerful position in the Anti-Corruption Commission. 10. Considering the facts and circumstances of the case, we are not inclined to enlarge the accused-petitioner on bail a..Category: Criminal Law | Date: | Hits: 111
....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
...... Servant has been changed. For the above reason the decision referred by the learned Advocate for the respondent reported in 7 BLC (AD) 1 and the case reported in 29 DLR (SC) 41 are applicable in the facts and circumstances of the present case.
14. The learned Advocate for the appellant further..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......llah, Advocate - For the Petitioner. Md. Imam Hasan, Advocate - For the Respondent No.2. Writ Petition No.2617 of 2010. Judgment Zinat Ara J.- In this rule nisi, the petitioner called in question the legality of the judgment and decree dated 17-2-2004 (decree signed on 23-2-2004, Annexu...... Limited and the second address 171 Bhagalpur, Savar, Dhaka is the factory address of Messrs Romana Industries Limited of which the petitioner is a director. The petitioner did not convert the said facts that the above addresses of the petitioner are the office address and factory address of Messr..Category: Civil Law | Date: | Hits: 269
.... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459.......
Writ Petition Nos. 416, 438 and 452 of 1986.
Judgment
Mustafa Kamal J.- These 3 Writ petitions have been heard together and as they arise out of a common occurrence and involving the same questions of law they will be disposed of by this common judgment.
2. The petitioner in Writ peti......n 8 of Ordinance No. LXXXV of 1976 and therefore the petitioners are not entitled to any show cause notice etc.
17. We cannot simply accept the submission of the learned Deputy Attorney-General on facts. In all the impugned orders of discharge from service it has been very clearly stated that the..
Category: Others | Date: | Hits: 167
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447........ It is not expected of the plaintiff to give direct evidence of the antedate of the document; it is for the defendant to prove that the document was executed on the purported date. On a disputed question mere assertion in the written statement can not be treated as evidence to form basis of the......d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447...Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441....... as the landlady, when she deposed in the Title Suit to say that she granted rent receipt in lump for 2/3 months together as rents were paid in that fashion by the tenant. This is essentially a question of fact. 19. From a reading of the judgment of the trial Court in Title Suit No.214 of 1......e case for default. Against that order there was an appeal being Miscellaneous Appeal No.534 of 1984 before the learned Court of Addl. Sessions Judge, Dhaka. The learned Court after considering the facts found no fault with the dismissal order and the appeal was dismissed. Against that the petit..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132....... does not ipso facto make it a Municipality or make it included in the limits of an existing Municipality by way of extension." 15. The above decision, in our view, has got full application in the facts and circumstances of the present case and as such we are in full agreement with the cited deci..Category: Property Law | Date: | Hits: 108
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