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Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ...... Law Regulation No. VII of 1977), which I will call the Regulation, the aforesaid petitions have abated. 4. As the learned Counsel for the petitioner made submissions on the entire provisions contained in the Regulation, it is quoted below in full: "Whereas it is..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......hat it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one year, or wi..Category: Criminal Law | Date: | Hits: 138
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......ing been entrusted with the specified jurisdiction under Article 102(1) of the Constitution to exercise such powers thereunder should exercise such power on specified fields without offending other provisions of the Constitution, for the simple reason that a right to judicial review under Article..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......nction asserting, amongst others, that the FIR reveals ingredients of extortion, threat, injury against the accused and that the police submitted charge sheet after proper investigation following the provisions of Cr.PC and that the trial was fixed on 17-1-2008 and that Writ Petition was prepared wi..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ndergone is protected under the proviso to Article 48(3) of the Constitution and the said advice thereunder is immune from enquiry by any Court. 12. He submits by referring to the relevant provisions of Article 37 of the 1956 Constitution of the Islamic Republic of Pakistan and Article 7..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......in the case reported in 36 DLR (AD) 175, did not say that sub-rule 6A, which in India was inserted in Order VIII, CPC by amendment, will be applicable in our country, inasmuch as after quoting the provisions of above amended rule 6A, the Appellate Division in the above decision held that what is..Category: Civil Law | Date: | Hits: 111
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......no authority to issue notice dated 20-9-90; Annexure-B shows that no compensation for land as well as compensation for change of residence have been awarded; the order dated 20-9-90 is hit by provisions of section 11 of Ordinance 1982; 20 acres, out of 24.73 acres of land acquired, being st..Category: Labour and Industrial Law | Date: | Hits: 83
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......ergency Powers Rules, 2007 prohibits the granting of bail in a case falling under the Emergency Powers Rules, 2007. Leave was granted to consider if the High Court Division failed to consider these provisions in their proper perspective and if wrongly concluded that Rule 11(3) of the Emergency Pow..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ...... the rule on behalf of the State and made his submission that "there having been no proceedings pending before the Division Bench of the High Court Division, there is no scope of applying the provisions of Section 561A of the Code of Criminal Procedure and the High Court Division had no jur..Category: Criminal Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......pose of levying customs duties and non-substantive clause thereof enables the said authority to exercise the said power inspite of provision for determination of value of such goods under the provisions of sub-section (1) to (6) of section 25 of the Customs Act. 11. Usually invoice v..Category: Fiscal/Taxation Law | Date: | Hits: 107
Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
....d against the order dated April 13, 1998 and April 15, 1998 of the Court of Senior Assistant Judge, Dinajpur rejecting the application for temporary injunction as well as the application for mandatory injunction. On perusal of the petition for review we find that the petitioner in the...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ..Category: Property Law | Date: | Hits: 31
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....ng upon the case of Fazlul Huq vs Md. Tahed Ali reported in 47 DLR 326, discharged the Rule holding that the time limit set by Order VIII, rule 1 of the Code of Civil Procedure is directory and not mandatory. 3. Leave was granted on the submissions that the above judgment and order of the ......tatement on the next date fixed, ends of justice required that there should have been no ex parte hearing. 6. As it appears before amendment was made by Ordinance No. XLVII of 1983 the provisions of Order VIII, rule 1 of the Code of Civil Procedure stood as follows: &ldqu..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....d and the share certificates with aforesaid documents should be filed to the company for rectification of the Share Register and in the instant case there being failure to comply with the aforesaid mandatory provisions the claim of the appellants to get release of the shares cannot be considered. ......share certificates with aforesaid documents should be filed to the company for rectification of the Share Register and in the instant case there being failure to comply with the aforesaid mandatory provisions the claim of the appellants to get release of the shares cannot be considered. 15. Mr...Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......irming the order of the appellate Court upon discharging the Rule placed reliance on the 2nd part of the provision of section 54 of the Specific Relief Act matters relating to property. The provisions of section 54 of the Specific Relief Act are as follows: "54. Perpetual..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ...... Administrative Tribunal may, within three months from the date of making of the order or decision, prefer an appeal to the Administrative Appellate Tribunal. (2A) Notwithstanding the provisions of sub-section (2), an appeal may be admitted after the period of three months specifie..Category: Administrative Law | Date: | Hits: 117
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ayment of ad valorem court fee and that a copy of the decree, by which the Appeal No. 37 of 1981 was finally disposed of, was to be filed along with the Revisional Application, but neither of these mandatory requirements was complied with. The learned counsel contends that though it is a techn......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ....... Surely the same unacceptable reports could not gain acceptance by mere personal appearance of the process-server. 17. Since this is allegedly a case of refusal to accept service, the following provisions of Order 5 rule 17 of the Code of Civil Procedure are to be kept in view: "17. Where t..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ...... was entered into by the public authority invested with a statutory power;(f)where the contract has been entered into in exercise of statutory power by a statutory authority in terms of the statutory provisions and then breach thereof gives right to the aggrieved party to invoke Writ jurisdiction be..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......s across the country are being continuously exposed to arsenic poisoning through consumption of such poisoned water and accordingly, arsenic contaminated tubewells be sealed and emergency provisions of alternative sources of safe drinking water should be made. 4. The High Court ..Category: Environmental Law | Date: | Hits: 255
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