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Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....ly arrested the petitioner and detained him at the Dhaka Central Jail by issuing an order of detention dated 24.3.92 under section 3 of the Foreigners Act, 1946; that the petitioner sent a demand for justice notice to the respondent No.1 (Annexure‑L) and thereafter challenged the order of detentio......f Bangladesh by a notification dated 17.1.76 (Annexure‑C) invited applications from those persons whose citizenship was cancelled by the previous Government for restoration of their citizenship and accordingly the petitioner sent an application on 20.5.76 to the Secretary, Ministry of Home Affairs......m…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The Rule is make absolute. Cases Referred to- Abdul Hoque Vs. Government of Bangladesh, 33 DLR 113; 1982 BLD (AD) 143; Government of East ......s to the petitioner, Prof. Golam Azam, read with the show cause notice being No. Sha: Ma: (Bahi‑1)/138 dated 23.3.1992 (Annexure‑K) should not be declared to have been made and issued without any lawful authority and is of no legal effect or such other or further order or orders passed as to thi..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)

....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......of a decree for prohibitory injunction the decree is enforceable against the judgment‑debtor in an execution case for the reliefs provided in Order XXI rule 32(1) of the Code of Civil Procedure and accordingly we answer the reference in the affirmative. 22. In the result the Rule is made absolu......Ebadul Hoque J Safar Ali Miah & others…………………Petitioners Vs. Badsha @ Siddique & others………………..Opposite Party Judgment July 5, 1993. Cases Referred to- Saleh Ahmed Chowdhury and others Vs. Kabir Ahmed and others, 13 DLR 531; Moyna Mia & othe......greed with the view taken in 16 DLR 61 and held that when a prohibitory injunction is violated the remedy is not by putting the decree into execution but by adopting other measures as provided by the law and further held that when a prohibitory injunction has been violated the decree was inexecutabl..

Category: Civil Law | Date: | Hits: 100

Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)

....th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482.......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482....... Judgment June 18, 1993. Lawyers Involved: Ahmed Nurur Reza, Advocate ‑ For the Petitioner. Company Matter No. 30 of 1990. Judgment AM Malumidur Rahman J.- The Official Liquidator took out summons for the direction and filed affidavit seeking permission to pay Tk. 67.00 as a ......n for dissolution of the Company and to hand over all the records to the Registrar, Joint Stock Company for registration that the Company liquidated has been dissolved. I do not find any provision of law that money belonging to one Company which is under liquidation can be withdrawn and paid to the ..

Category: Company Law | Date: | Hits: 205

Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)

.... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ......bir and others............................................................The Respondent (In Civil Review Petition No.18 of 2011) Order March 29, 2011. Lawyers Involved: Mahbubey Alam, Attorney General, M. K. Rahman, Addl. Attorney General, Murad Reza, Addl. Attorney General, instructed......nally condoned until 31st December, 2012 in order to avoid disastrous consequence to the body politic for enabling the Parliament to make necessary amendment to the constitution and also for enacting laws promulgated during the aforesaid period. 3. Articles 149 and 150 of the Constitution have be..

Category: Constitutional Law | Date: | Hits: 222

Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

.... where the High Court Division if satisfied either (1) that an order passed under the Code would be rendered ineffective, or (2) that the process of any Court would be abused, or (3) that the ends of justice would not be secured, that the High Court can exercise its inherent power ex debitio Justiti......t the police to produce him before the Tribunal on call and this being the scenario, the Tribunal committed gross illegalities by passing the impugned orders. 6. Mr. Abdur Razzaq also submits that according to Article 94 of the Constitution, the Supreme Court is the apex Court of the country and ......R (AD) 38; Sher Ali Vs. State, 46 DLR (AD) 67; Syed Md Hashem Vs. State, 48 DLR (AD) 87. Lawyers Involved: Abdur Razzaq with Fariduddin Khan, Advocates—For the Petitioner. Mahbubey Alam, Attorney-General, MK Rahman, Additional Attorney-General, Korunamoy Chakma, Deputy Attorney-General, M......angladesh. However, on 26-7-2010, upon an application by the Chief Prosecutor of the International Crimes Tribunal, warrants of arrest were issued against the petitioner and others. On 29-7-2010, the law-enforcing agencies submitted a report to the Tribunal to the effect the warrant of arrest issu..

Category: Criminal Law | Date: | Hits: 103

Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)

....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......vations, we dispose of the application without issuing any Rule. The learned advocate makes an oral application that a certificate may be issued under Article 103(2) (a) of the Constitution since, according to his submission, the matter involves a substantial question of law as to the interpretat......n J Hassan MS Azim and three others...............................Petitioners Vs. Bangladesh………………………….......................................Respondents Judgment October 26, 2010. Cases Referred To- Supreme Court Advocates-on-Record Association Vs. Union o......been an advocate of the Supreme Court; or (b) has, for not less than ten years, held judicial office in the territory of Bangladesh; or (c) has such other qualifications as may be prescribed by law for appointment as a Judge of the Supreme Court." 12. We may also refer to Article 48(3) of t..

Category: Constitutional Law | Date: | Hits: 228

Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......d by the High Court Division in Writ Petition No. 7242 of 2009). Judgment Surendra Kumar Sinha J. - Delay condoned. These petitions arose out of the same Judgment of the High Court Division and accordingly they are disposed of analogously. Respondent Nos. 1-4 instituted Writ Petition No. 7242 ............................................................Petitioners Vs. M Anwar Hossain and others………………………………Respondents Judgment August 8, 2011. Case Referred to- Qazi Kamal Vs. Rasdhani Unnayan Kartipakkha, 44 DLR (AD) 29. Lawyers Involved: Rajik-a......ng upon them, that the writ-Government as the vendor of the writ-petitioners surrendered the same as excess land under P.O. 98 of 1972 and in that view of the matter, the High Court Division erred in law in directing for correcting the record-of-right in favour of the writ-petitioners. It is further..

Category: Property Law | Date: | Hits: 68

Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)

....the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......sion (Special Original Jurisdiction) Present: Ashfaqul Islam J M Moazzam Husain J Golam Mustafa...............................................Petitioner Vs. Commissioner of Customs and others................Respondent Judgment July 13, 2011. Case Referred to- Utt......ment Inspection Rule, 2002. On 16-3-2011 the petitioner did not move and lodge a complaint before the Review Committee instead they dragged this matter before this Division which cannot be made under law. Further he submits that the petitioner under section 33 of the Customs Act can claim refund i..

Category: Business or Commercial Law | Date: | Hits: 200

Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

.... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ......s dismissed but in proceeding with such decree the provision of Article 182 of the Limitation Act is to be followed. The High Court Division found that this provision of law has not been followed and accordingly the proceeding is barred under Limitation Act. Mr. Quasem, learned Advocate though tri......ftekhar Uddin Ahmed…………………………………………Petitioner Vs. Artha Rin Adalat and another ........................Respondents Judgment June 20, 2011. Case Referred to- Montaj Ali Akonda and others Vs. Kefatullah Mondal being dead his heirs 1(a) son A. Hamid and......ery of its decretal dues within the period of limitation as per provision of Limitation Act and the Ain. Therefore, the execution proceeding as well as the order for issuing of warrant of arrest is lawful and the rule is thus, liable to be discharged. 4. The petitioner filed a supplementary aff..

Category: Civil Law | Date: | Hits: 83

Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)

.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......der sections 302/34 of the Penal Code. They be set at liberty at once if they are not wanted in any other connection. 47. Criminal Revision No.1252(R)/1992 which arose out of a bail application is accordingly disposed of. Let a copy of this judgment be forwarded to the Additional Sessions Judg......ction) Present: Md. Badruzzaman J Md. Ruhul Amin J Sanwar Hossain………………Appellant Vs. State………………Respondent Judgment January 10, 1993. Cases Referred to- State Vs. Bashirullah, 16 DLR 189; Mafu @ Mafizuddin Vs. State, 31 DLR 16; Ismail Sarker Vs. ......nd prudence. But unfortunately he did not do so while relying on their evidence in spite of variations, contradictions and improbabilities as noted above. 26. P.W.4 Monir Hossain is the son‑in‑law of the informant. He stated that on 5.11.87 at about 11‑00 PM he found deceased Khasru in the ..

Category: Criminal Law | Date: | Hits: 91

Md. Mujibul Huq and others Vs. Md. Tasar Ali being dead his heirs: 1(a) Md. Jabbar Mia and others, 2010, 39 CLC (AD)

....h the concurrent findings of fact arrived at by the Courts below. This petition is, therefore, dismissed with a cost of Tk. 5,000/- Ed. This Case is also Reported in: VIII ADC (2011) 449. ......h the concurrent findings of fact arrived at by the Courts below. This petition is, therefore, dismissed with a cost of Tk. 5,000/- Ed. This Case is also Reported in: VIII ADC (2011) 449. ......010. Result: The petition is dismissed. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.413 of 2009. (From the judgment and order dated 5.1.2009 passed by the High Court Di......nd possession in the suit land. In view of such findings of fact, we find no substance in the submission of Mr. Bivash Chandra Biswas, learned Advocate-on-Record that the High Court Division erred in law in not interfering with the concurrent findings of fact arrived at by the Courts below. Thi..

Category: Property Law | Date: | Hits: 68

State Vs. Sabu and others, 2009, 38 CLC (AD)

.... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445....... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445....... ABM Khairul Haque J State…………………………………………………………. Petitioner Vs. Sabu and others ..................................Respondents Judgment October 6, 2009. Lawyers Involved: Forhad Ahmed, Deputy Attorney General instructed by B. Hossai......01, one Sabu entered the room of Jobeda Khatun allegedly for immoral purpose but on being apprehended he fled away. At that time, many a people gathered there and the victim threatened his brother-in-law Biddyut for going there and said that he is enough to punish Sabu for the occurrence. On the nex..

Category: Criminal Law | Date: | Hits: 71

State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)

....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......�……….........Petitioner Vs. Golam Sabbir Shown………………………………......Respondent Judgment January 12, 2011. Lawyers Involved: Momtazuddin Fukir, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Abdul Bas......vision Bench of the High Court Division enlarged him on bail. 5. Mr. Momtazuddin Fakir, learned Additional Attorney General, appearing for the state submitted that the High Court Division erred in law in enlarging the accused respondent on bail who made a confessional statement which is inculpato..

Category: Criminal Law | Date: | Hits: 98

Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)

.... to prove the document in question but the Court of appeal below without applying its judicial mind into the facts and circumstances of the case disallowed the appeal which resulted in the failure of justice. 10. Mr. Mokhlesur Rahman, the learned Advocate finally submits that the Court of appeal ...... the learned Advocate appearing for the defendant-opposite parties supports the impugned judgment and decree dated 24-8-2009 (decree signed on 30-8-2009) passed by the Court of appeal below which was according to him just, correct and proper. The learned Advocate next in the course of his argument u...... Petitioner. Zafar Ali Khan, Advocate—For Opposite Party Nos.1-3. Civil Revision No. 4572 of 2009. Judgment Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and decree dated 24-8-2009 (decree signed on 30-8-2009......ters, (2) the plaintiff adduced one witness namely P.W 2, Nayeb Ali to prove baina patra which was not sufficient evidence to prove the baina patra (Ext.1) in question was executed in accordance with law. 7. Being aggrieved by the aforesaid judgment and decree dated 24-8-2009 (decree signed on 30..

Category: Property Law | Date: | Hits: 74

Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)

....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......n. In submitting on that application the learned Advocate for BCIC Mr. MA Samad argued that timely shipment of the consignment was the essence of the contractual arrangement and that the supplier was accordingly requested to ensure supply/shipment within the stipulated delivery period, i.e., within ......on with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......are in general rather reluctant to interfere with payments against performance guarantees which are furnished to secure commercial transactions and that this is predicated on the settled principle of law that no prohibitive order can be passed by the Courts to interfere either with normal banking tr..

Category: Alternative Dispute Resolution | Date: | Hits: 172

Md. Rafiqul Islam Faruque Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 2009, 38 CLC (AD)

....r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ......Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others………………….........Respondents Judgment October 8, 2009. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. ......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ..

Category: Procedural Law | Date: | Hits: 76

Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)

....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......ed better title than the defendant. The High Court Division, in the premises, is perfectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......-Record-For the Petitioners Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2 Not Represented-For Respondent No.1. Civil Petition for Leave to Appeal No.102 of 2010. (From the judgment and order dated 2.7.2009 passed by the High Court Di......red by limitation. 4. Mr. Mahbubey Alam, learned counsel appearing for the petitioners contended that since the suit is for possession followed by dispossession, the High Court Division erred in law in decreeing the suit without any finding of plaintiffs possession followed by dispossession. ..

Category: Property Law | Date: | Hits: 73

Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)

....ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ...... period of time. This being a discretionary power, this Division is slow to interfere with such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. .................Petitioners Vs. Ansarul Huq ..............................................................Respondent Judgment January 5, 2011. Lawyers Involved: Morad Reza, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Not represente......son for not filing the appeal within the statutory period of time. This being a discretionary power, this Division is slow to interfere with such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is a..

Category: Administrative Law | Date: | Hits: 206

M/S. Concord Ready Mix and Concrete Products Ltd. Vs. Tax Settlement Commission and another, 2009, 38 CLC (AD)

....uthorized representative appeared before the Commission and his submission was heard. Therefore, the High Court Division does not find that the impugned order is opposed to the principle of natural justice. Section 152D authorize the Commission either to accept or reject the application if it is s......es return. 3. Leave was granted to consider the submissions of the learned Counsel for the appellant that "the High Court Division while summarily rejecting the writ petition on the finding that according to interpretation of Section 152D(2)(a) where the return is filed under Section 83 of th......or settlement of its grievance against the aforesaid assessment made by the respondent No.2 by depositing TK.60,576.00 on the same day being the tax payable on the basis of the returned filed by it to the respondent No.1. But the Taxes Settlement Commission rejected the said application for settle......oresaid writ petition on the ground that the Taxes Settlement Commission misconstrued the provision of Section 152D(2)(a) of the Income Tax Ordinance, 1984 and that it acted arbitrarily and without lawful authority in rejecting the settlement application. But the High Court summarily rejected the ..

Category: Fiscal/Taxation Law | Date: | Hits: 113

Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)

....nd ceremonial occasions as well as for all purposes of the Government, it has lowered them down to the estimation of the people. It is necessary for them in the public interest and in the interest of justice to be seen to be of a rank sufficient to command obedience to their judgments and orders. ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ...........................................Petitioner Vs. Md. Ataur Rahman and others…………………….Respondents Order March 13, 2011. Lawyers Involved: M.K.Rahman, Additional Attorney General (with Mustafa Zaman Islam, Deputy Attorney General and A.S.N. Nazmul Haque, Assistant...... shall enjoy a higher rank and status or position than other services of the Republic. The terms and conditions of services of the constitutional functionaries are regulated and determined by special laws, and not by rules, as mandated by Article 147 of the Constitution. The attempt of the petitione..

Category: Constitutional Law | Date: | Hits: 441

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