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Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217.......d the same has occasioned failure of justice. 6. No one appears to oppose the Rule. 7. The learned Advocate appearing for the petitioner has placed before us the impugned order and the relevant provisions of the Artha Rin Adalat Rin, 1990. In the facts of the case, we clearly find that the lea..Category: Civil Law | Date: | Hits: 92
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......he aforesaid questions are common with variation in figures only. 8. Mr. Altaf Hossain, the learned Advocate appearing for the assessee-applicant, submits that the DCT in flagrant violation of the provisions of section 35(3) of the Income Tax Ordinance rejected the book version of the assessee-ap..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......t is very difficult for us to appreciate the submissions of Mr. Rafiqur Rahman that in view of the arbitration agreement having remained alive, the suit is not maintainable. Moreover, we find no such provisions in the Act barring a suit on the ground of existence of an arbitration agreement. We find..Category: Civil Law | Date: | Hits: 132
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
....or the service of the notice of appeal, so as to allow the respondent sufficient time to appear and answer the appeal on such day." 18. Thus it appears that after the admission of the appeal it is mandatory to serve notice upon the respondents and allow sufficient time to appear and answer the ap......o the contesting plaintiff-respondents setting aside the order of the trial Court granting ad-interim injunction. 12. Section 108 of the Code of Civil Procedure provides as follows: “108. The provisions of this Part relating to appeals from original decrees shall so far as may be, apply to a..Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......testimony of the said witnesses merely because they were related to the deceased and that they were not supported by independent and disinterested witnesses. 23. Review as contemplated under the provisions of Rule 1 of Order XXVI of the Supreme Court of Bangladesh (Appellant Division) Rules, 19..Category: Criminal Law | Date: | Hits: 57
Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)
....reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......is name was published in the Gazette Notification dated 22.02.1998. 4. Articles 59 and 60 of the Constitution of the People's Republic of Bangladesh were omitted by the 4th amendment and while the provisions of these Articles of the Constitution were non existent, the Pourashava Ordinance, 1977 w..Category: Election Law | Date: | Hits: 92
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......e was started. This is not envisaged under rules 3 and 4 of the Rules. Those rules provide only for filing of the complaint involving the offences mentioned in the Schedule to the Act. However, those provisions are merely directory and deviation from those provisions in lodging an FIR instead of a c..Category: Anti-Corruption Laws | Date: | Hits: 231
Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)
....ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......up their own illegal act. 3. The writ petitioner filed the writ petition on the ground that there was no prima facie Case disclosed in the F.I.R. and without proper investigation and violating the provisions of the Anti Corruption Act, 2004 and the Rules thereunder of 2007 the case was filed unde..Category: Anti-Corruption Laws | Date: | Hits: 159
....tiff respondent filed an application in the instant suit on 12.07.2005 under Section 55 of the Specific Relief Act read with Section 155 of the Code of Civil Procedure.
8. After receipt of the mandatory direction, the defendant No.2 petitioner filed a revisional application being Civil Revisi......is granted to consider the same.
Security of Tk.1,000/- is to be deposited within one month.
Preparation of paper book is dispensed with as prayed for.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 82
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....aws, is a guaranteed right under Article 31, to make their lives meaningful and worth living. Under such circumstances, the concerned officials can however, be directed to perform their such primary, mandatory and obligatory duties as required under the provisions of the Act and the Rules made there......es shall shift from Hazaribagh within February, 2010. 9. Besides, she submits, the whole of tannery area are of red category, but still they did not install ETP in direct violation of the relevant provisions of environmental laws. In this connection, she refers to the decision of Dr. Mohiuddin Fa..Category: Environmental Law | Date: | Hits: 279
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....h laws, is a guaranteed right under Art. 31, to make their lives meaningful and worth-living. Under such circumstances, the concerned officials can however, be directed to perform their such primary, mandatory and obligatory duties as required under the provisions of the Act and the Rules made there...... are severely polluting the environment and ecology endangering life and its support systems, thereby the respondents failed in performing their statutory duties and obligations cast upon them by the provisions of the Ordinance. As such, being aggrieved, late Dr. Mohiuddin Farooque on behalf of BELA..Category: Environmental Law | Date: | Hits: 345
....rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside.
Office is directed to communicate the at once.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 233.......y under Or. I, r. 10(2) C. P. Code to be impleaded as a party to the suit”.
8. The learned Advocate lastly submits that the Court of revision below after considering the materials on record and provisions of law rightly allowed the revision which calls for no interference by this Court.
9...
Category: Property Law | Date: | Hits: 27
Sree Jibon Sharma Vs. Sreemoti Subasini Sharma and another, 2010, 39 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ......d time violating the customs of Hindu religion. A salish was held over the matter but the same was ended without any result. Then the plaintiffs filed the Family Suit for maintenance according to the provisions of Family Courts Ordinance, 1985. 3. The defendant contested the suit by filing wr..Category: Family Law | Date: | Hits: 182
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
.... Civil Revision No. 1221 of 1999) Judgment Surendra Kumar Sinha J. - In this appeal leave was granted to consider whether the High Court Division was justified in interfering with the order of mandatory injunction passed by the Courts below relying upon the principles of doctrine of necessity......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ..Category: Property Law | Date: | Hits: 84
....d it shall be done in accordance with the advice of the Prime Minister and the pre-condition is set out in Article 48(3) of the Constitution. Therefore, the provisions as set out in Article 95(2) are mandatory. In the absence of any other prescribed law for appointment as a judge, the customs and th......e Constitution. The provision of 8(2) shows that the principles laid down in Part II shall not be judicially enforceable meaning that if the Executive or the Legislature does not implement any of the provisions of this part, the Court cannot direct for the enforcement of these principles. The learne..
Category: Constitutional Law | Date: | Hits: 126
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ...... law-giver is clear no consideration of practical expediency or possibility of abuse should be allowed to deviate from the natural consequence flowing from the correct interpretation of the statutory provisions of the Case. The responsibility is given to the police officer without specifying which p..Category: Criminal Law | Date: | Hits: 189
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
.... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ......forum and power contained in the Family Court Ordinance, 1985 may profitably be noticed. Forum and Law relating to appeal is contained in section 17 of the said Ordinance of 1985. 12. Relevant provisions of section 17 of the Ordinance of 1985 are extracted hereunder: “17. Appeal. - (..Category: Family Law | Date: | Hits: 152
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ......er of the victim is entitled to get custody of the victim. He was asked to enlighten us on the question whether a person put into judicial custody by a competent Court can be set at liberty under the provisions of section 491 of the Code and also on the question whether custody of a minor can be det..Category: Criminal Law | Date: | Hits: 33
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
....f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ...... consideration on the laches and negligence of the plaintiff-appellant in pursuing the proceeding while rejecting the aforesaid application the impugned order is not sustainable in law in view of the provisions of rule 19, Order 41 of the Code of Civil Procedure. Mr. Ali further submits that the pla..Category: Property Law | Date: | Hits: 29
Morshed (Md) @ Morshed @ Md. Morshed Alam Vs. State, 2000, 29 CLC (HCD)
....lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ......e salishder was examined in this Case. 6. We find that in this Case actually the Tribunal relied upon the statement of the victim who is both deaf and dumb. In Case of a witness - who is dumb, provisions of section 119 of the Evidence Act is applicable and such witness may make statement in w..Category: Criminal Law | Date: | Hits: 38
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