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Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)

....the petitioner has annexed the charges he received (Annexure E) dated 9.12.86. 6. As the submission of Mr. Moinul Hossain, learned Advocate for the petitioner, is based on an interpretation of the relevant provisions of the Second Statutes of the University, namely, the Engineering and Technologi......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......ction) Present: Mustafa Kamal J Mozammel Hoque J Md. Mahtab Hossain………………………….Petitioner Vs. Bangladesh University of Engineering & Technology, Ramna, Dhaka and others …... Respondent Judgment April 8, 1987. Lawyers Involved: Moinul Hossain, A......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31...

Category: Criminal Law | Date: | Hits: 74

Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)

....essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......yer of the petitioners by his judgment and order, dated 5.12.85. 4. Being aggrieved by the aforesaid order, the petitioners moved this Court and obtained the Rule. 5. We have gone through the papers filed before us and it appears from the judgment that the learned Additional Sessions Judge a......ee. Ed. This Case is also Reported in: 40 DLR (1988) 29.......essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29...

Category: Criminal Law | Date: | Hits: 24

Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)

...., submits that even if it be held that the impugned kabala is genuine, the plaintiffs would still be entitled to a decree for permanent injunction against the defendants. Inviting my attention to the relevant paragraphs of the plaint the learned Advocate contends that the learned Subordinate Judge d......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......-3. M. Fazlul Karim, Advocate - For the respondent. Appeal from Appellate Decree No. 331 of 1968. Judgment Bimalendu Bikash Roy Chowdhury J. - This appeal is directed against the judgment and decree dated 17.2.67 passed by the learned Subordinate Judge, 2nd Court, Chittagong in other App......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26...

Category: Property Law | Date: | Hits: 29

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......s Involved: Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney General - For the Respondent. Second Appeal No. 855 of 1966 Appeal preferred against the Judgement and decree dated 18.2.1965 and 27.2.65 passed by Additional District Judge 3rd Court Barisal in Titl......y which settlement of all Government khas land was prohibited and original kabuliyat, Ext. 6 under which the appellant claimed settlement of the disputed land. Thus having considered all the material documents of record he came to the finding that "The original is with the record along with the cert..

Category: Property Law | Date: | Hits: 36

KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)

.... to adjourned hearings which is also not the case here. The case with which we are presently concerned is fully covered by the decision reported in 39 DLR 11 and we would like to quote in extenso the relevant portions from the said decision as follows: "14. Under the recently introduced Order VII......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ...... Court High Court Division (Civil) Present: Mustafa Kamal J AKM Sadeq J KDH Laboratories Ltd........................................................Petitioner. Vs. Pubali Bank and Ors……………………………………….OppParties. Judgment August 3, 1987. L......pany was examined as P.W.1 on commission. On 14.9.83 the Pleader Commissioner who took down the said evidence on commission submitted his report. On 15.9.83 upon the petitioner's prayer the exhibits/ documents were kept in the safe custody of the Sherestader. No other proceedings are on record. The ..

Category: Civil Law | Date: | Hits: 83

Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)

....ation the provision of section 23 of the Customs Act, in the absence of any exemption from payment of customs duties under section 19 of the Customs Act, if anyone was to pay any customs duty for the relevant drifted timber of Indian origin, it was to be paid by the Forest Department of the Governme......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......¦â€¦â€¦Petitioner Vs. Ministry of Finance, National Board of Revenue ……………Respondents Judgment August 18, 1996. Case Referred To- MA Khaleque Vs. Government of Bangladesh and others, 32 DLR 243. Lawyers Involved: AJ Mohammad Ali with AKM Asaduzzaman, Advocates—F......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......said Dollars but they put forward a case of set off against the BCCI Overseas Limited and the appellants also have not raised the plea of undisclosed principal of the said amount. He submits that the papers produced from the side of the plaintiff clearly proved that respondent No. 2 acted on the adv......Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Bijan Kumar Das J Habib Bank Limited………………….Appellant Vs. UAE Bangladesh Investment Company Limited and another……….Respondent Judgment May 28, 1998. Lawyers Involved: Syed Ishtiaq ......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..

Category: Banking Law | Date: | Hits: 136

Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......Parliament on a question put by lady Parliament Member. These statements in Bengali in fact are identical with the statements which we have seen mentioned above published in the two Daily English Newspapers. 8. It is submitted that all powers in the Republic belong to the people and their exercis......me Court High Court Division (Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J Ataur Rahman Khan…………………………Petitioner Vs. Md. Nasim and another……………………….Respondents Judgment October 28, 1999. Cases Referr......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..

Category: Criminal Law | Date: | Hits: 54

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

....ich it does not possess. (2) An authority must direct itself properly on the law. (3) An authority must not use its power for an improper purpose. (4) An authority must take into account all relevant consideration and disregard all irrelevant considerations. (5) An authority to which the...... has not been implicated in the false phensidyl case and he is the real phensidyl businessman. The allegation of enmity of the respondent No.4 with the detenu’s family as published in the daily newspapers are baseless and unfounded having no material basis. The respondent No.4 is an Investigating ......ase is also Reported in: 4 BLC (1999), 600. ......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..

Category: Criminal Law | Date: | Hits: 106

Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)

....ant and being aggrieved, he filed the instant appeal. 13. We have heard at length the arguments of the learned Advocates of both sides, perused the Judgment and order of the Tribunal and all other relevant papers, though we are not in a position to make any observation on the merit of the appeal.......ng the election as a whole void and the Tribunal modified the results of Bhairampur Government Primary School centre and Char Baleswar Government Primary School centre after excluding 18 ballot papers from the result of respondent No.1 for the former centre and 8 ballot papers from the latter ......(Civil Appellate Jurisdiction) Present: Md. Abdul Karim J Amirul Kabir Chowdhury J Sudhangshu Shekhar Haldar ………………………..Appellant Vs. Moulana Delwar Hossain Saydee and others..…………..Respondents Judgment June 25, 1998. Cases Referred To- Pateshw......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ..

Category: Election Law | Date: | Hits: 159

Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)

....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......ent: M M Ruhul Amin CJ Md. Joynul Abedin J Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J Amzad Hossain………………………………….Petitioner Vs. State and another……………………………...Respondent Judgment November 16, 2009. Case ......e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ..

Category: Criminal Law | Date: | Hits: 34

BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......nd for rehabilitation of Bhasantek slum dwellers and the rest 0.78 acres of land remains for allotment. The inhabitants are illegally residing upon the government acquired land as trespassers and the papers showing payment of electric bills and water bills are all created papers for the purpose of f......: 13 BLC (2008) 384, 8 LG (2011) HCD 325....... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...

Category: Constitutional Law | Date: | Hits: 171

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....find and hold him guilty of contempt of court for vying to influence a judge of this court during the pendency of his appeal and to pervert the course of justice. Taking into consideration all the relevant factors we think it is a fit case which calls for highest punishment. We thus convict him ......d. The answer to the questions put to him by the participants in the seminar has been reported in the three national dailies including the daily 'Janakantha'. We shall deal with the case of the newspapers after dealing with the case of Justice Naimuddin Ahmed. 168. In this case both the parti......sion. Not only that she is a newscaster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as pr......case. It cannot be desirable that public discussion of such matters is to be discouraged or obstructed by refusing to allow a litigant and his advisers, who learnt of them through the discovery of documents in their action, to use the documents in public discussion after they have become public ..

Category: Criminal Law | Date: | Hits: 130

Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)

....f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ...... Rules, 1983, says- (1) When a voter presents himself at the polling station to vote, the Presiding Officer shall, after satisfying himself about the identity of the voter, issue to him two ballot papers— (a) one for members; and (b) one for Chairman. (2) Before the ballot papers are i......0. ......f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ..

Category: Election Law | Date: | Hits: 79

National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)

....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ...... appointing one arbitrator for each of the parties when the petitioner failed to appoint their arbitrator. 7. I have perused the revision application and also the affidavit-in-opposition and other papers annexed thereto. In order to evaluate the order on the basis of the rival submissions of the ...... DLR (2001) 386. ......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ..

Category: Alternative Dispute Resolution | Date: | Hits: 186

North South Property Development Ltd. Vs. Secretary, Ministry of Land and another, 1999, 28 CLC (HCD)

....n the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 7.......d and feasible concept they invited open tender bids from interested private organisations deliberately ignoring the confidentiality of petitioner’s project proposal by publishing notice in the newspapers (vide Annexure-E). Though the petitioner was surprised by the said move of the Government col...... (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J North South Property Development Ltd……………...Petitioner Vs. Secretary, Ministry of Land and another……………….Respondents Judgment May 17, 1999. Cases Referred To- ......as surprised by the said move of the Government collected a bid document on payment and deposit of the requisite amounts. (Annexure-G, G-1 and G-2) Out of five originations that had purchased the bid documents only two including the petitioner submitted tenders. On 23-8-98 petitioner received a lett..

Category: Civil Law | Date: | Hits: 92

Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)

....ure signed between the petitioner and the brand owners of the products namely Reckitt and Colman Bangladesh Limited, as well as for itself. The petitioner is also registered as manufacturer under the relevant provision of the Value Added Tax (VAT) Act, 1991 and is doing business on regular payment o......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ...... Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Oram Limited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: ......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh and others Vs. Md. Jahangir Ali and Another, 2001, 30 CLC (HCD)

....wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365.......ayed by 1320 days: decree was signed on 12-8-95, application for certified copies was filed on 2-11-97, the certified copy was ready for delivery on 1-12-97; the certified copies along with necessary papers were sent to the Solicitor Wing on 2-6-98, the case was sent to the Attorney-General office o...... also Reported in: 53 DLR (2001) 365.......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365...

Category: Procedural Law | Date: | Hits: 88

Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)

....limit to another and which are either consumed or used within the Municipal Area. 25. In order to understand the rival contention of the parties it may be convenient at this stage to look into the relevant previsions in Rule 4, after sub-Rule (2) a new sub-Rule (2A) has been inserted by notificat......) marked (Exhibit 1 to 33) (a). 11. So on defendant adduced only one DW Abul Fateh Md. Zakaria Depo super in-charge of defendant’s No.1 and 2. He is an Aeronautical Engineer, but did not produce papers. The learned Subordinate Judge, after considering facts, circumstance as well as evidence on ......eported in: 53 DLR (2001) 368....... Khan Nuruzzaman, father-in-law of AM Mustafa, Managing Director of plaintiff No.1 company and proprietor of plaintiffs Nos.2-3 farms and the constituted attorney of ATM Mushaffar and filed series of documents such as (letter’s legal notices and statements of accounts with original records) marked..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)

....cogent ground for quashment, we are unable to issue any Rule in this case." 13. In view of the above discussions and findings, we are of the view that the High Court Division having considered the relevant laws, all the materials on record and the submissions advanced on behalf of the petitioner ......r arrived at a cor­rect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......an, Advocate, instructed by Md. Zahirul Islam, Advocate-On-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Apple No.238 of 2009. (From the judgment and order dated 28.04.2009 passed by the High Court Division in Criminal Miscellaneous Case No.7370o......r arrived at a cor­rect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626...

Category: Criminal Law | Date: | Hits: 56