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Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......pany as Inland Container Depot (ICD)/Container Freighting Station (CFS) providing physical infrastructure facility. In this background of the matter, the petitioner company filed an application for review on 31‑1‑2000, Annexure E to the writ petition, within 4(four) months of the order dated 18..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......d for anticipatory bail is to consider whether in the facts and circumstances of the case, judicial discretion should be exercised in favour of the person seeking anticipatory bail. 32. Keeping in view the above principles, the question posed now requires to be answered. 33. The matrix of the ..Category: Criminal Law | Date: | Hits: 79
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......he writ petitioner rejected the prayer for release by the impugned judgment and order dated 07.09.1997 and hence the writ petition.
4. The High Court Division discharged the Rule observing that in view of the decision of the Appellate Division in the case of Rawshan Ara Begum Vs. Secretary, Minis..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......ssioner of Customs reported in 52 DLR (AD) 1. More specifically he refers to paragraph 18 of the decision. Paragraph 17 reads as follows: “17. Having heard both sides in extenso we are of the view that when a Writ Petition is filed on a bold assertion that the High powered committee arbitrar..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....red under section 195(1) (a) Cr.P.C. drew up proceeding. The leaned Counsel further submits that the learned Sessions Judge, though found that learned Magistrate illegally drew up proceeding, upon an erroneous view he did not interfere with the order of the learned Magistrate. 3. We have perused ......section 195(1) (a) Cr.P.C. drew up proceeding. The leaned Counsel further submits that the learned Sessions Judge, though found that learned Magistrate illegally drew up proceeding, upon an erroneous view he did not interfere with the order of the learned Magistrate. 3. We have perused the order ..Category: Criminal Law | Date: | Hits: 57
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......nd as such the learned Assistant Judge was perfectly justified in rejecting the petitioner’s application under section 10 of the Code of Civil Procedure. The learned Counsel further submits that in view of the fact that most of the parties in Title Suit No. 189 of 1992 are not parties in Title Sui..Category: Property Law | Date: | Hits: 57
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....ed judgment and decree is n sustainable in law and is liable to be set aside. 8. Mr. Mostafa Niaz Mohammad, the learned Advocate for the plaintiff-respondents, refutes the aforesaid contentions as erroneous and strongly supports the reasonings given by the trial Court in decreeing the suit. 9.......ff is an heir of Md. Ismail and she is entitled to inherit the leasehold right of Md. Ismail. 11. We find from evidence of PWs 1 and 2 that Md. Ismail has not been heard of since 24-12-71. In this view of the matter, we hold that section 108 of the Evidence Act is applicable in the present case w..Category: Property Law | Date: | Hits: 116
....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......e on 5-12-95. The true copy of the said impugned order dated 5-12-95 has been annexed to the petition as Annexure-N. This is one of the impugned orders.
16. The petitioner thereafter submitted a review petition to the respondent No. 3 the Chairman, Bangladesh Water Development Board on 2-1-96 thr..
Category: Employment/Service Law | Date: | Hits: 72
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......out considering the fact that the case was barred under the principle of estoppel, waiver and acquiescence and the same has occasioned failure of justice. The learned Advocate further submits that in view of the fact that the petitioner have made improvement in the case land by spending a huge amoun..Category: Property Law | Date: | Hits: 56
Mukit and others Vs. State, 2011, 40 CLC (AD)
....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ...... is an assembly of five or more persons having a common object and doing of acts by members is in prosecution of that object. The act must be one which the evidence appears to have been done with a view to accomplishing the common object attributed to the members of the unlawful assembly. Thus..Category: Criminal Law | Date: | Hits: 49
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......at the President of the Republic being the President of the Bangladesh Red Crescent Society having passed the impugned order the same being sovereign act do not come within the mischief of judicial review of the High Court Division and as such the rule is not maintainable and the Bangladesh Red Cres..Category: Civil Law | Date: | Hits: 116
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......t it did not in any way affect the long practised remedy of the right of redemption of mortgage by filing a suit within a period of 60 years from the date of accrual of the right of redemption. In view of the discussions made above, we are of the view that the High Court Division upon correct ass..Category: Property Law | Date: | Hits: 60
.... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
......without determination of title of the petitioner to the disputed hats, Bazars and jalmahal by a competent Court it can not be said that the impugned tender notices are without lawful authority.
In view of the above, we find no substance in the submission of the learned Advocate-on-Record for the ..
Category: Property Law | Date: | Hits: 71
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......340 of 1995. Judgment AM Mahmudur Rahman J. - This Rule was issued at the instance of the petitioner upon the respondents to show cause as to why they should not be directed to dispose of the Review application filed by the petitioner on 19-8-85 against the order of dismissal passed by the Pre..Category: Employment/Service Law | Date: | Hits: 78
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......is Court exercising revisional power under section 439 of the Code of Criminal Procedure. The learned Assistant Attorney-General further submits that the learned Courts below have taken too lenient a view in the matter of awarding sentence to the accused petitioners who deserved no further relief on..Category: Criminal Law | Date: | Hits: 68
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ...... is at liberty to file case against the petitioner in the Artha Rin Adalat for recovery of the unpaid loan amount as per terms of the personal guarantee provided by the petitioner.” 9. The same view was upheld in the case of Mahmudur Rahman and another –Vs- Bangladesh Bank and others reporte..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......n order of warrant of arrest/civil imprisonment directly on the basis of an application filed by the decree-holder bank, when no auction sale is possible to be held for any reason.” 10. The same view was upheld in 14 BLC, 107, although the Rule was made absolute in that case on the ground that ..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......ere must be some allegation before the police regarding particular document relating to which offences alleged to have been committed. 17. In the light of our observations made above we are of the view that the order dated 29‑5‑94 (Annexure-B) passed by Sessions Judge, Nababganj and memo No. ..Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......o send recommendation with regard to academic plan, etc. The petitioner states that as no order restraining the University from commencing classes was received by it started classes from 19-9-95. A review Committee was formed by the Grants Commission. The petitioner informed the Committee on 15-11-9..Category: Others | Date: | Hits: 104
Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)
.... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ......onsistent character. But in the instant case the application for amendment of the plaint does not in any way tend to change the nature and character of the suit. The Rule is not opposed. 10. In view of the facts, circumstances, and the materials on record I am of the opinion that the learned A..Category: Property Law | Date: | Hits: 98
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