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Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
.....92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......Hossain Vs. Government of Bangladesh, reported in 44 DLR 39. From this case it appears that the facts of the case relate to revocation of passport. However, it appears that the Court while discussing question of revocation or cancellation of passport also discussed the question of refusal to grant p......barred. In this connection, the learned Advocate for the petitioner referred to the case of Syed Mokbul Hossain Vs. Government of Bangladesh, reported in 44 DLR 39. From this case it appears that the facts of the case relate to revocation of passport. However, it appears that the Court while discuss..Category: Constitutional Law | Date: | Hits: 238
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......t property in favour of the defendants and the same having been acted upon the plaintiffs are estopped from giving a go by to the same to the prejudice of the said defendants. 11. In the aforesaid facts and circumstances of the case I find that decision of the Courts below is contrary to law in n..Category: Procedural Law | Date: | Hits: 85
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24....... beyond his control like unsuitable working condition in the Court room, should be excluded while computing the working days. 11. The same argument leads us to the conclusion that depending on the facts and circumstances of a particular case, the days on which the case was adjourned due to defaul..Category: Procedural Law | Date: | Hits: 80
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......ocate for the appellants, Mr. Nurul Haque, the learned Advocate for the plaintiff‑respondent however argued that the submissions made by the learned Advocate for the appellant relates mainly to the question of facts as to whether the Bainapatra was genuine or not. He further submits that the alleg......e appellants, Mr. Nurul Haque, the learned Advocate for the plaintiff‑respondent however argued that the submissions made by the learned Advocate for the appellant relates mainly to the question of facts as to whether the Bainapatra was genuine or not. He further submits that the allegations made ..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ......The petitioner points out that the language of the letter clearly shows the ill motive and mala fide of the MD, contemnor No.1 in seekÂing to take action against the GM. He submits that there was no question of taking any action against the GM, when the matter in hand was the joining letÂter of th......WT, to show cause why they should not be proceeded against for contempt of Court for vioÂlating the order dated 07-2-2005 passed by the High Court Division in Writ Petition No.377 of 1991. 2. The facts of the case relevant for disposal of this Rule, in brief, are that the petitioner, Lt. Cdr. (R..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....er as to cost. The order of stay granted earliÂer by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......titioners. No one appears—For the Opposite party. Civil Revision No. 489 of 2007. Judgment SM Ziaul Karim J.- This Rule at the instance of defendant responÂdent petitioners, calls in question the legality and propriety of the order dated 27-9-2006 passed by learned Special District ......y of the order dated 27-9-2006 passed by learned Special District Judge, and Paribesh Adalat, Dhaka refusing to comply the order dated 6-6-2006 passed by learned District Judge, Dhaka. 2. Material facts are that the plaintiff institutÂed the suit for permanent injunction which was disÂmissed by..Category: Civil Law | Date: | Hits: 95
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....the opposite party No.1 opposes the Rule and submits that by the proposed amendment the nature and character of the suit will not be changed. He adds that the former application for amendment was not identical with that of the later one so the learned Judge rightly exercised his discretion to allow ......al-ul-Alam, Advocate—For the Petitioner. Rabi Shankar Chakraborty, Advocate—For the Opposite Party No.1. Civil Revision No.1443 of 2002. Judgment SM Ziaul Karim J.- This Rule calls in question the legality and proÂpriety of the judgment and order dated 17-1-2002 passed by the learne......e judgment and order dated 17-1-2002 passed by the learned Joint District Judge, First Court, Chittagong, in Title Suit No.41 of 2000, allowing an application for amendment of the plaint. 2. Short facts leading to this Rule are that on 22-3-2000 opposite party No.1 as plaintiff institutÂed Title..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ...... both District Judges and Deputy Commissioners have been placed together at the same serial number 24 in the Table of the Warrant of Precedence. The subjective satisfaction of the authority cannot be questioned in respect of placement of the persons in the said Table. 15. At the outset, Mr.......wspaper-owners to challenge the award themselves. So the Appellate Division denied standing to the Association of newspaper-owners. The observation quoted above must be understood in the light of the facts of that case. 50. In the case of Bangladesh Retired Government Employees' Welfare Ass..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......Rastrio Sammani Bhata as Freedom Fighters after being listed in the list of Freedom Fighters published in the official gazette and enjoyed the said right for the last 32 years without interruption or question from any comer. In the afore state of the matter we are of the view of High Court Division ......his writ petition filed Title Suit No.142 of 2009 in the Court of Assistant Judge, 5th Court, Dhaka which is pending. It has been further stated that the petitioners obtained the Rule suppressing the facts but the respondents never stopped the allowances of the petitioners but stopped the allowances..Category: Others | Date: | Hits: 149
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......int on the interpretation of section 28 of the Local Government Ordinance, 1976 (hereÂinafter referred to as the Ordinance) as the Tribunal refused to adjourn the proceeding of the Tribunal. On this question leave was granted in Civil Appeal No.112 of 1977 and this Court on considering the provisio......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297...Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the maÂjority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276....... my learned brother KM Subhan J. to which I concur. Rahul Islam J.- I had the opportunity of going through a copy of the judgment proposÂed to be delivered in this appeal involving some difficult questions of interpretation of certain statutory provisions. Finding myself unable to agree with the......The High Court made the Rule absoÂlute upholding the contention of the Dacca Municipality and declared the impugned orÂder to be without lawful authority and of no legal effect. 24. The relevant facts are that the American Life Insurance Company was assessed by the Dacca Municipality on the ann..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......of a person can be scrutiÂnised in the light of the principles of natural justice. The principles are not embodied written rules and what principle, shall apply to a given case is dependent upon the facts and circumstance of that case. If an allegaÂtion is lodged that some principles of natural ju..Category: Business or Commercial Law | Date: | Hits: 208
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ...... to appeal is directed against the judgment and order dated 23.03.2011 passed by a Division Bench of the High Court Division in Criminal Appeal No.4412 of 2006 allowing the appeal. 2. The relevant facts of the case are as follows: On 25.11.2002 Abdul Awal (victim) went to Khagatua Bazar at abo..Category: Criminal Law | Date: | Hits: 122
....to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside."
Preparation of paper book is disÂpensed with as prayed for.
Ed.
This Case is also Reported in: 9 ADC (2012) 265.......nal petition for leave to appeal.
6. We have heard Mr. Khurshid Alam Khan, the learned Advocate appeared for the petitioner. The learned Advocate has argued to the effect that the criminal case in question against the accused responÂdents and others was filed on behalf of the Dayemi Complex Bang......doned. This Criminal Petition for leave to appeal has been directed against the judgÂment and order dated 19.05.2010 passed by the High Court Division in Criminal Revision No.454 of 2008.
2. The facts necessary for disposal of this criminal petition for leave to appeal, in short, are as follows..
Category: Procedural Law | Date: | Hits: 163
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accorÂdance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accorÂdance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......najpur in Other Appeal No.72 of 1991 reversing those dated 15.01.1991 passed by the learned Senior Assistant Judge, Dinajpur Sadar, Dinajpur in Title Suit No.137 of 1986 decreeing the suit. 2. The facts, leading to the filing of this petition, in brief, are that the plaintiffs filed the suit agai..Category: Property Law | Date: | Hits: 93
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ...... learned Advocate for the petitioner in this subject matter, relied on the decision of Bangladesh House Building Finance Corporation Vs. Shahid Sarwar Abu Hossain, 9 BLT 289=6 BLC 751 wherein similar question was posted and it was held that the provisions of one speÂcial law cannot over-rided the p......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ..Category: Procedural Law | Date: | Hits: 126
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....Advocate for the petitioner is perÂmitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......connection we may profitably refers the decision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 60 DLR (AD) 195 wherein their Lordships held: "Since the date of receipt is a question of fact to be ascertained at the time of trial, nonÂdisclosure of such fact in the complai......te, Dhaka under section 138 of the Negotiable Instruments Act, 1881 which is now pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the complainant opposite party No.2, Banglade..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......and proper. 2. At the time of issuance of the Rule, all furÂther proceedings of the above mentioned Case was stayed and the accused-petitioner was also granted ad-interim bail. 3. The relevant facts for disposal of the Rules are that the petitioner Mrs. Rowshena Jahan accused No.2 is the wife..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (BangÂladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......ted in the Government under the President's Order No.16 of 1972, that the Pakistani Company did never transfer its properties by any valid deed of transfer to the appellant and that the properties in question were abandoned proÂperties within the meaning of the President's Order No.16 of 1972. 4......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266...Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
..... Accordingly the appeal is allowed. The order of the High Court unÂder appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......Judgment Ruhul Islam J.- This appeal by speÂcial leave to appeal is directed against the judgment of the High Court dated November 19, 1976 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case ......peal is directed against the judgment of the High Court dated November 19, 1976 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High Court was well founded in law in holding that the accus..Category: Criminal Law | Date: | Hits: 94
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