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Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
..... 23. It is held in the case reported in AIR 1965 (SC) 745 by their Lordships that “the Constitution makers attached so much importance to the necessity of absolute freedom in debates within the legislative chambers that they thought it necessary to confer complete immunity on the legislators f......cussion in the Parliament made certain statements and remarks about a pending case with regard to involvement of Mr. Akhtaruzzaman Chowdhury Babu, an Opposition MP and that was the subject matter for decision in the aforesaid Criminal Miscellaneous Case. A Division Bench of this Court comprising Mr...Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
.... can only say that the Police officers acted in a most highhanded way. We do not wish to use stronger words to condemn the authoritarian acts of the Police. If the personal liberty of a Member of the legislative Assembly is to be played with in this fashion, one can only wonder what may happen to le...... order to set him at liberty but suitably and adequately compensated he must be. That we have the right to award monetary compensation by way of exemplary costs or otherwise is now established by the decision of this Court is Rendal Sah Vs. State of Bihar (1983) 3 SCR 508 (AIR 1983 (SC) 1086) and Se..Category: Criminal Law | Date: | Hits: 106
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....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. ......s Appeal No.144 of 1997. There is another appeal being First Miscellaneous Appeal No.109 of 1997 preferred by respondent No.1 of the instant appeal, namely, Moulana Delwar Hossain Saydee, against the decision of the tribunal. Both the first miscellaneous appeals were taken up together for hearing an..Category: Election Law | Date: | Hits: 159
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......t of the notice, the proceeding is not liable to be quashed. 6. We requested the learned Advocates to cite any authority on this question of prematurely of cause of action. They could not cite any decision regarding the prematurely of cause of action of a criminal case. We also could not find any..Category: Criminal Law | Date: | Hits: 35
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......31 DLR case I cannot hold any opinion contrary to the law and find that the defendant opposite party is a defaulter. It is surprising to find that though issue No. 2 was framed by the trial Court for decision as to whether the defendant was a defaulter but no where in the judgment there is any findi..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......gned judgment and decree. 7. Mr. Shafique Ahmed, learned Counsel appearing for the petitioners, submits that the learned Assistant Judge committed serious error of law resulting in an error of his decision occasioning failure of justice in holding that the defendants dispossessed the plaintiff. H..Category: Civil Law | Date: | Hits: 82
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. ......ourt Division in Criminal Miscellaneous case No.15466 of 2007 directing the trial of the case by the Metropolitan Additional Sessions Judge. 5. It appears that the High Court Division relying on a decision of the High Court Division in the case of Abdul Kader Mirza Vs. Bangladesh, reported in 60 ..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.......awful authority and being violative of section 5 of the East Pakistan Government Land and Buildings (Recovery of Possession) Ordinance, 1970. In support of her contention, she refers a good number of decision of Indian Jurisdiction namely, State of Maharashtra Vs. Alka B Hingde AIR 1998 SC 2342; Shi..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....the Executive, the general power of the people will never be endangered. Montesquieu in his book "Spirit of Laws" observed "There is no liberty, if the power of judiciary be not separated from the legislative and the Executive powers". The framers of our constitution also made it known in an emp......oked………….The reason for this is that in a democracy the Court is assumed by every one to be Supreme. No one debates the supremacy of the Courts. 160. Nixon lost Power because of a Court decision. Jeremy Thorpe, the leader of Liberal party, was brought to Court, Civil Rights of minorit..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. ...... District Judge at Comilla. The appeal was heard and allowed. The order of the Election Tribunal was set aside and the case was sent back on remand to the Election Tribunal with a direction for fresh decision after recount of the votes in four centers, namely, Dewannagar Non-Government Primary Schoo..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. ......stice. He also submits that the Court also erred in law in appointing one arbitrator for each of the parties beyond the terms of the arbitration agreement. In support of his submissions, he cites the decision in the case of Novelty Cinema, Lyallpur Vs. Firdaus Films and another PLD 1958 (WP) Lahore ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......their agent and the Port Authority and the Customs, the defendants discharged their liability having discharge the same containers which they took on board the vessel. Reliance has been placed upon a decision in the case of FFUI Co. Ltd. Vs. American President Lines reported in PLD 1992 (SC) 291 whe..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
Category: Civil Law | Date: | Hits: 92
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....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. ......-General —For the Respondents. Writ Petition No. 4891 of 2000. Judgment Md. Abdul Wahhab Miah J.- This Rule Nisi was issued calling upon the respondent to show cause as to why the impugned decisions and demand contained in letter dated 7-7-97 and 14-7-1997 (Annexures-C and C-1) and also i..Category: Fiscal/Taxation Law | Date: | Hits: 91
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......as not considered the prayer for amendment invoking section 153 of the Code of Civil Procedure. Non-consideration of this aspect by the learned District Judge has resulted in an error in the impugned decision occasioning failure of justice. Having given my anxious consideration I am of the opinion t..Category: Procedural Law | Date: | Hits: 86
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......s, rates cesses, tolls and fees and other money claimable by the corporation under this Ordinance shall be recoverable as Public demand.” 20. We have very carefully gone through the findings and decisions of the learned lower court and we find that the learned lower court took final decision on..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....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.......dings, 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 arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petitio..Category: Criminal Law | Date: | Hits: 56
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623....... aside the impugned order No.60 dated 28.10.2007 passed in Money Execution Case No. 142 of 2000 by the Artha Rin Adalat, Bogra upholding the auction-sale. 5. The High Court Division arrived at its decision on consideration of the facts and circumstances of the case observing, amongst others, the ..Category: Civil Law | Date: | Hits: 79
Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)
....rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ......g before Respondent No.6 whereas the application filed by the respondent No.7 is lying with Respondent No.1 for disposal. As per the Ordinance, Respondent No.6 is the competent authority for taking a decision in granting Trade Organization License in favour of any organization. We are of the view th..Category: Others | Date: | Hits: 74
Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)
....ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......dingly, the High Court Division committed a patent error in sending the suit on remand to the Court of Appeal below for holding fresh trial and the High Court Division committed a patent error in the decision and the decision is liable to be set aside. 5. In view of the above, the submissions of ..Category: Property Law | Date: | Hits: 31