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Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......conditions of his service, including pension rights, or in respect of any action taken in relation to him as a person in the service of the Republic or of any statutory public authority. 9. As the question of maintainability of this writ petition has been taken, let us first decide on this point ......d, as such, why necessary directions/orders shall not be given to the respondents. This Rule was issued by an order dated 18-8-97 amending the previous Rule issued by this Court on 22-6-97. 2. The facts, as stated in the petition, are that, the petitioner was appointed as a Meteorologist in the t..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......n of section 26 of the Local Government (Union Parishad) Ordinance, 1983 (shortly the Ordinance). He further submits that section 26 of the Ordinance provides that no such election shall be called in question except by an election petition under sub-section (2) of section 26. 7. Let us quote belo......iding Officer Vs. Sadaruddin Ansari and others reported in 19 DLR (SC) 516 and submits that in that case it was decided that in such a situation the writ petition is maintainable. It appears that the facts of that case are quite distinguishable from the facts of the present case. In that case it was..Category: Election Law | Date: | Hits: 154
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......ed in 33 DLR 168 and the case reported in 13 MLR (AD) 332 which in no way coining to any aid to the submission as has been advanced by Mr. Bivash as the referred two cases are materially different in facts and circumstance with the present case before me. 10. In respect of second submission that ..Category: Procedural Law | Date: | Hits: 88
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......arising out of Sutrapur Police Station GD Entry No.1254 dated 24-12-2000, 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 facts leading to filing of this application under 561A of the (the Code) briefly are that, one Ekr..Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......nterest against a debtor by financial institution like the plaintiff-bank exceeding 200% over the actual loan has been imposed only in respect of the suits filed after 1st May, 2004 and the suit in question having been filed long before the coming into force of the said section of the Ain, the app......8) Judgment Md. Abdul Wahhab Miah J. - This appeal has arisen out of a leave granting Order dated 2nd day of March, 2010 in Civil Review Petition for Leave to Appeal No. 80 of 2009. 2. The facts giving raise to this appeal are as follows:— The appellant obtained a loan of taka 7,50,0..Category: Civil Law | Date: | Hits: 138
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In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......ce may be specifically enforced by the transferee. It is, therefore, not correct to say that the agreement to reconvey the suit land in the instant case was required to be registered.
14. The next question is whether an agreement which is not properly stamped can be specifically enforced or not. ......s. 1‑8 to show cause as to why the impugned judgment and decree dated 26.7.90 passed by the Subordinate Judge, Fourth Court, Dhaka in Title Appeal No. 126 of 1987 should not be set aside.
2. The facts for disposal of the Rule are as follows: The deceased Md. Abdul Aziz as plaintiff filed Title ..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61....... and cross-examined under section 342 CrPC and arguments were heard by the learned Additional Sessions Judge on the same date. Thereafter the learned Additional Sessions Judge on consideration of the facts and circumstances of the case and the evidence on record was pleased to find all the 3 accused..Category: Criminal Law | Date: | Hits: 81
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......Assistant Attorney General ‑ For the Respondent No. 2 (In both the writ petitions). Writ Petition No. 2644 of 1990 with Writ Petition No. 346 of 1991. Judgment Qazi Shafiuddin J. - Common question of facts and law in WP No. 2644 of 1990 and WP No. 346 of 1991 being involved and the same ......torney General ‑ For the Respondent No. 2 (In both the writ petitions). Writ Petition No. 2644 of 1990 with Writ Petition No. 346 of 1991. Judgment Qazi Shafiuddin J. - Common question of facts and law in WP No. 2644 of 1990 and WP No. 346 of 1991 being involved and the same are heard to..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......ms and conditions. For convenience of reference clause X of the contract agreement quoted hereunder:— "Clause-X: Settlement of Dispute. Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specification, designs, drawings and instruc......dditional District Judge, 1st Court, Chittagong refusing to set aside the award dated 9-3-2006 passed by the Arbitral Tribunal thereby disallowed the Miscellaneous Case No.160 of 2006. 2. Material facts are that Chittagong Port Authority invited tender for construction and delivery of 2(two) fast..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......demolishing the one set up his adversary. There is danger in some cases that the whole truth may not come out before the Court. The Judge in order to discover, or obtain proper proof of relevant facts, may exercise very wide powers indeed; but they all pivot upon the ascertainment of relevant f..Category: Criminal Law | Date: | Hits: 97
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......ilable, the aggrieved person has to resort to the statutory remedy. Resort to the High Court Division in matters relating to assessment, levy and collection of taxes and duties may be permitted where question of violation of fundamental right arises or where on undisputed facts, it is shown that the......t to the High Court Division in matters relating to assessment, levy and collection of taxes and duties may be permitted where question of violation of fundamental right arises or where on undisputed facts, it is shown that the taxing authorities have assumed jurisdiction which they do not have. In ..Category: Fiscal/Taxation Law | Date: | Hits: 138
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
.... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......l Revision No.3141 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 30‑7‑97 passed by the Assistant Judge, 3rd Court, Dhaka in Title Suit No.105 of 1997 has been called in question. By this order the learned Assistant Judge returned the plaint to the filing Advocate for t...... has been called in question. By this order the learned Assistant Judge returned the plaint to the filing Advocate for the plaintiffs for filing afresh with correct valuation of the suit. 2. Short facts relevant for the purpose of the case are that, the petitioners as plaintiffs instituted the su..Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......h Abdullah, Advocate - For the Petitioner. Arun Kumar Bhattacharya, Advocate - For Opposite Party Nos.1-10. Civil Revision No.4987 of 2003. Judgment SM Ziaul Karim J.- This Rule, calls in question the legality and propriety of the Judgment and decree dated 18-9-2002 passed by the learned......Court, Jessore, allowing Title Appeal No.90 of 1998 by reversing those of dated 31-5-1998 passed by the learned Assistant Judge, Bagharpara, Jessore, dismissing Title Suit No.548 of 1985. 2. Short facts leading to this Rule are that, on 19-6-1983, Altaf Hossain, predecessor of the opposite party ..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......Assistant Judge, Chandpur Sadar, Chandpur in Title Suit No.15 of 2002 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Short facts of the case are as follows: The petitioner as plaintiff instituted Title Suit being Title ..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......in order to colour such homicidal death as suicidal one the dead body was hanged. Thus the prosecution could prove beyond all reasonable doubt that the offence of murder was committed. 48. Now the question is who committed murder of the deceased. Is he the accused? We have already found above tha......1-2004, arose out of the incident of road accident the ambulance carrying the dead body of the deceased to the morgue faced. 9. The learned Judge on consideration of the evidence on record and the facts and circumstances of the case convicted and sentenced the accused as aforesaid and made the re..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......, rightly or wrongly, the same would be immune from challenge later. Section 36 of the Stamp Act, 1899 provides as follows; Stamp Act; 1899: "Section: 36-Admission of instrument where not to be questioned- When an instrument has been admitted in evidence, such admission shall not, except as pr......he said stamp paper did not make it a valid piece of evidence for which the Judgment passed in appeal decreeing the suit relying on inadmissible evidence is a palpable illegality and erroneous on the facts and circumstances of the case which is liable to be set aside by this Court. 18. In reply t..Category: Procedural Law | Date: | Hits: 120
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
....f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ...... Magistrate. This is in clear violation of the provisions of section 367 read with section 424 of the Code of Criminal Procedure. Therefore, the impugned judgment is no judgment at all. 4. In the facts and circumstances stated above I am of opinion that the appeal should be sent back to the Cour..Category: Criminal Law | Date: | Hits: 85
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......pondent Nos. 3‑5, have promptly filed affidavit‑ in-opposition to such supplementary affidavit praying for recording that the Rule so issued earlier has become infructuous apart from raising some questions on maintainability. 4. All these questions and the writ petition shall now be disposed ......er of the Parliament has although appeared but has not shown any cause by filing any affidavit-in-opposition. In the meantime the petitioner filed a supplementary affidavit bringing on record certain facts which occurred in the meantime and made some additional prayers. All the 3 respondents, namely..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
.... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405.......it jurisdiction under Article 102 of the Constitution, more so when allegation of political consideration for nomination of the members was denied by affidavit-in-opposition giving rise to a disputed question of fact. Where a disputed question of fact arises the High Court Division shall not invoke ...... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405...Category: Employment/Service Law | Date: | Hits: 228
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......on No. 3601 of 1995. Judgment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff-petitioner arising out of an application under section 115 of the Code of Civil Procedure calls in question the judgment and decree dated 17‑4‑95 passed in Title Appeal No.115 of 1991 by the Subo......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444...Category: Property Law | Date: | Hits: 84
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