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Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)
....tation, has no leg to stand. 7. We have already found that the respondent No. 2 issued the impugned order of detention under section 3(2) of the Act. To appreciate the submissions let us quote the relevant provision:‑ "3. Power to make Orders Detaining or Removing Certain Persons.‑ (1)…......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224....... Huq J Shahina Begum...................................................Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others……………………………………....Respondents Judgment February 9, 2003.......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224...Category: Criminal Law | Date: | Hits: 55
....harge-sheet upon him. Such a person or authority can obtain information in any way it thinks fit, provided it gives a fair opportunity to the person sought to be affected to correct or contradict any relevant statement prejudicial to him.”
19. In the case of Board of Intermediate and Secondary ......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563.......se is also Reported in: 51 DLR (1999) 563.......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563...
Category: Others | Date: | Hits: 116
Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)
....n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......plained sources, that petitioner as against the order of the Deputy Commissioner of Taxes went on appeal and the appellate authority upon hearing the petitioner’s representative and considering the papers on the record dismissed the same and that as against the order of the appellate authority pet...... High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Nurul Islam J Maliha Banu……………………. Petitioner Vs. Deputy Commissioner of Taxes and others ……………Respondents Judgment July 23, 1997. Lawyers Involved: Mohammad......n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561...Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....the combination of the provisions contained in Articles 104, 108 and 111 of our Constitution. It was observed "Whether or not there was an intention to interfere with the administration of justice is relevant to penalty, not to guilt" in Reg V. Odham's Press Ltd., ex parte A.G. (1957)1 QB 73. This m......ll be no organ left in the state to rescue the people at large. 84. Day, J in Cheshire [In Cheshire V. Strauss In re Thomas Power O’Connor, 1896 12 TLR 291.] stated: "It was shocking that newspapers should publish such matters as this which had not been before any Court of Justice. There was......esent: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Riaz Uddin Khan, Advocate and another………………………………. Petitioners. Vs. Mahmudur Rahman and others...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..Category: Criminal Law | Date: | Hits: 164
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....oney suit and the documents relating to money suit in the title suit and that he took back the documents on furnishing photo copies thereof. At the time of hearing of the suit the plaintiff filed the relevant original documents in the respective cases. After closure of the evidence of the plaintiff ......ally in allowing the plaintiff to produce documents without hearing the petitioner in spite of petitioners application which was filed on 5-10-1994 expressing apprehension that the plaintiff may file papers including letter of guarantee which the defendant petitioner signed in connection with the lo......ion (Special Original Jurisdiction) Present: Md. Ruhul Amin J Surendra Kumar Sinha J MA Qasem…………………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…………………Respondents Judgment November 22, 1999. Cases Referred To- ......desh impugning the order dated 9-4-1995 (order No.15 dated 9-4-1995) of the Court of Subordinate Judge and Artha Rin Adalat No.4, Dhaka passed in Title Suit No.7 of 1994 allowing filing of additional documents by the plaintiff. 2. Facts as stated in the Wit Petition, in short, are that, the respo..Category: Civil Law | Date: | Hits: 90
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
....the Government, such sanction shall be deemed to have been accorded.” In our case under review, there is nothing on record to show that the charge-sheet contained any letter of sanction from the relevant authority for trial of the accused appellants. There is also nothing on record to show that...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......pondent. (In both the appeals) Criminal Appeal No. 1000 of 1995 with Criminal Appeal No. 729 of 1995. Judgment Gour Gopal Saha J.- These two appeals are directed against the judgment and order dated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1......y of the accused persons on obtaining signatures of Eman Ali Mallik, Manager of the scheme, Shamser Ali Molla as Chairman and Md. Shiraj Mollah and accused Haroon-or-Rashid as Directors, on different documents. It has been further alleged that the accused persons did not pay the price of the tube-we..Category: Criminal Law | Date: | Hits: 43
Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)
....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......the Petitioner. FKM Ahsan Mahbub, Assistant Attorney-General—For the State. Criminal Revision No. 647 of 1993. Judgment Gour Gopal Saha J .- This Rule is directed against the judgment and order dated 27-2-93 passed by the Sessions Judge, Gazipur, in Criminal Appeal No.14 of 1986, aff...... of the Penal Code, to which the accused petitioner pleaded not guilty and claimed to be tried. 5. At the trial the prosecution examined 6 witnesses, including investigation officer, and exhibited documents in support of its case while the defence examined none. 6. The defence case is that, th..Category: Criminal Law | Date: | Hits: 37
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....0.00 on the ground of technical violation of the Import policy order is absolutely illegal and without any legal basis inasmuch as it is apparent from the paragraph Nos. 6-8 of the note sheets of the relevant file that the correct legal position was brought to the notice of the respondent No.1, but ......re shipped by the supplier and arrived at Chittagong port in October, 1997 without any valid LCs for the said goods in question. The learned Attorney-General further submits that it is clear from the papers annexed by the petitioner in their writ petition that the 40 ft container was imported by the......ial Original Jurisdiction) Present: Syed Amirul Islam J Shah Abu Nayeem Mominur Rahman J Shawn Apparels Ltd…………………………….Petitioner Vs. Commissioner of Customs and others……………Respondents Judgment December 8, 1998. Cases Referred To- AIR ......back to Back LC being No. 8BA/01/98/256 DP on 31-3-98 through Sonali Bank, Corporate Branch, Dhaka. In compliance with the requirement for taking delivery of the consignment, invoice and the shipping documents were forwarded to the petitioner by the upp1ier from Singapore for clearance of the said f..Category: Fiscal/Taxation Law | Date: | Hits: 83
....pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
......dates between the 23rd April, 1993 and 2 August, 1993. The contract of employment for each of the petitioners is exactly in the same form and terms. On 14th October, 1991 Biman advertised in national papers inviting applications for the posts of Flight Stewards/Stewardesses and the petitioners appli......ead the Appellate Division Judgment here.
Supreme Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Kazi AT Manowaruddin J
Md. Arayesuddin J
Rabia Bashri Irene and another……………..Petitioners
Vs.
Bangladesh Biman Corporation, represented by MD. &......pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
..
Category: Employment/Service Law | Date: | Hits: 113
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
....cess server as well as by post. The learned Advocate, referring to Annexures A and B, submits that according to the report of the process server, the opposite party Nos.1 to 3 were not at home at the relevant time, as such, their mother who used to live with them received the said summons on their b......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......This Rule at the instance of the appellant-petitioner was issued under section 115 of the Code of Civil Procedure, calling upon the respondent opposite party No.1 to show cause as to why the Judgment and order No.60 dated 18-10-1993, passed by the Additional District Judge, Narayanganj, in Miscellan......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ..Category: Trust/Waqf Law | Date: | Hits: 189
....s on Cadestral Survey Plot No. 3 and the land of Cadestral Survey Plot No. 2 and the land of Cadestral Survey Plot No. 3 and the construction standing thereon are quite different and independent. The relevant portion of the written statement stated in paragraph No. 18(jha) is extracted hereunder:
......of Civil Revisional Jurisdiction under section 115 of the Code of Civil Procedure.
4. A brief resume of the facts emerging from the Civil Revision Petition, the plaint, written statement and other papers placed before me from the side of the plaintiff-opposite-party would be instructive for appre...... below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
......ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
..
Category: Property Law | Date: | Hits: 68
....he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......yed for temporary prohibitory injunction against defendant Nos. 3-5 restraining them from publishing the election schedule, finalising the preliminary voters list and inviting or receiving nomination papers.
9. Unless the membership subscription of the second set of plaintiffs are paid within 30-......
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538...
Category: Company Law | Date: | Hits: 198
Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)
.... Suit No.176 of 1995 staying all further proceeding of Execution Case No. 16 of 1995 pending in the Court of the Assistant Judge, 3rd Court, Dhaka till the disposal of the suit. 2. The short facts relevant are that, the petitioners being plaintiff instituted SCC Suit No. 8 of 1994 before the SCC ......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550....... Atiqullah………………………………….Opposite Party Judgment June 6, 1999. Result: The Rule is made absolute. Case Referred to- Md. Atiqullah Vs. Mrs. Sanawara Begum and others, 1996 BLD (AD) 260. Lawyers Involved: Mahmudul Islam, Advocate — For the Petition......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550...Category: Property Law | Date: | Hits: 57
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
....f Zaheda Bewa and another Vs. State reported in 37 DLR 66 = 1985 BLD 9. We have looked into the confessional statement Exhibit-4 and we find that it was drawn up on a plain piece of paper which bears relevant questions as required under section 164(3) of the Code of Criminal Procedure. Exhibit-4 the...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544.......Kalam Mollah…………………………… Appellant Vs. State………………………………………….. Respondent Judgment June 15, 1999 . Case Referred to- Zaheda Bewa and another vs. State, 37 DLR 66 =1985 BLD 9. Lawyers Involved: Md. Khurshid Alam Khan, Advoca...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544...Category: Criminal Law | Date: | Hits: 32
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534....... accounts and other documents and to furnish the same as and when called for from him and, as such, the rule is not maintainable. By filing an affidavit-in-reply petitioner annexing therewith certain papers claimed that he had already supplied to the Enquiry Committee copies of those documents with ...... Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hussain J Khurshid Alam…………………………………Petitioner Vs. Securities and Exchange Commission and others……………….. Respondents Judgment July 26, 1999. ......ituted under section 21 of the said Ordinance and under the provision of section 6(I) of the said Ordinance petitioner as a member of Dhaka Stock Exchange Ltd. is bound to maintain accounts and other documents of all shares transactions and under Rule 8 (I)(e) of the said rules is required to mainta..Category: Banking Law | Date: | Hits: 196
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......Exchange Limited has filed an affidavit-in-opposition denying the material allegations made in the application, however admitted the fact that the petitioner Md. Matiur Rahman submitted documents and papers relating to the transfer, to the Dhaka Stock Exchange Limited on 20-3-81 for recording of the......0.......1 Dhaka Stock Exchange Limited has filed an affidavit-in-opposition denying the material allegations made in the application, however admitted the fact that the petitioner Md. Matiur Rahman submitted documents and papers relating to the transfer, to the Dhaka Stock Exchange Limited on 20-3-81 for re..Category: Company Law | Date: | Hits: 194
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....Barisal in Title Suit No. 52 of 1997 rejecting the petitioner’s application for rejection of the plaint under Order 7 rule 11 read with section 151 of the Code of Civil Procedure. 2. Short facts relevant for the purpose of the case are that, the opposite party No. 1 as plaintiff instituted a su......referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527....... is also Reported in: 51 DLR (1999) 527.......referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527...Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......re will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......ser had no beneficial interest therein section 66 Code of Civil Procedure comes in the operation. This doctrine is embodied in some of the decided cases. 11. He has further argued that even if the documents filed by the plaintiffs had been discussed and considered by the appellate Court below no ..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....st time. 6. An affidavit-in-opposition has been filed by the respondent Nos. 10 and 14 contending, inter alia, that the lands shown to have been sold in auction were beds of rivers and khal at the relevant time. These have been in use by the local public from time immemorial. The lands are public......and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M A Aziz J Sajeda Begum………… Petitioner Vs. Member, Bhumi Appeal Board and others……….Respondents Judgment March 25, 1997. Cases Referred to- Monirunnaha......n 1388 BS vice DC No. 432811 dated, 8-8-88. Therefore the petitioner could not have acquired any ownership in Government khas land of public easement by virtue of a fraudulent and illegal sale. These documents he says were deposited by the respondents in VP Case No. 173 of 1987 (Khulna) of Bhumi App..Category: Property Law | Date: | Hits: 107
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....emporary injunction prayer was aimed to prevent the defendant No.1 from receiving and defendant No. 2 from paying what is called technical fee, payable to the defendants No. 1. 4. The gist of the relevant averments as made in the temporary injunction petition are narrated hereinafter. The defend......xport, Moscow (AIR 1970 (SC) 891); Carlill vs. Carbolic Smoke Ball C (1893, 1 QB 256); Contax (India) vs. Vinmar impex inc (AIR 1986 (SC) 1924); Morning Star Co-operative Society Ltd. vs. Express Newspapers Ltd. (The Times, October 18, 1978); Evans Marshal & Co. Ltd. vs. Bertola SA (1973 1 WLR 3......Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Tafazzul Islam J AHM Shamsuddin Chowdhury J SM Fazlul Haque …..Appellant Vs. Salahuddin Ahmed and another.................Respondents Judgment July 25, 2001. Cases Referred To- Ang......nce, a contractual nexus comes into being between the Issuing Bank and the seller/beneficiary, whereby the Issuing Bank undertakes an absolute liability to pay the credit amount on production of such documents which are stated in the credit creating instrument, (3) that the said contractual nexus be..Category: Civil Law | Date: | Hits: 164
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