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Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
.... is in accordance with the aforesaid provision, i.e., clause 10 of the kabuliat, the submission of Mr. Khan that his clients would be rendered homeless by cancellation of the settlement appears to be totally unfounded. 15. The purpose of issuance of a show cause notice is to afford an opportunity......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......t 1 of the High Court Rules, it has been stated that "Every memorandum of appeal from orders and every application for revision should state the value of the suit from which it arises". 25. In the absence of any prescribed rules or procedure for filing revisional application before the District J......f rule 4 of Chapter VII of the High Court Rules for final decision. 2. The questions as formulated by the Court referring the case at the time of hearing of the Rule are, (1) Whether the pecuniary jurisdiction of the District Judge under section 115(2) of the Code of Civil Procedure is unlimited,..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... worth Taka 80,07,37,000 as security to the said loan. The petitioner company obtained valuation report in respect of the aforesaid mortgaged properties by a reputed chartered accountant showing that total value of the mortgaged property was Taka 103,19,87,000. Since value of the security against th...... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ...... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ..Category: Civil Law | Date: | Hits: 125
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
....sentence awarded upon condemned prisoner. Learned Sessions Judge was not at all justified in awarding conviction and imposing death penalty upon him. We are of this positive view that prosecution has totally failed to bring home the charge against condemned prisoner beyond all reasonable doubt and b...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ..Category: Criminal Law | Date: | Hits: 96
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201.......on of an acting Chairman, which runs as follows: "Section 16(1)—If a vacancy occurs in the office of Chairman or if the Chairman is unable to discharge the functions of his office on account of absence, illness or any other cause, a member elected by the Union Parishad under sub-section (1A) f......dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201...Category: Election Law | Date: | Hits: 83
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......tion 193 provides that except otherwise expressly provided by the Code or by any other law for the time being in force, no Court of Session shall take cognisance of any offence as a Court of original jurisdiction unless the accused has been sent to it by a Magistrate duly empowered in that behalf. S..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... 731/01-07 dated 21-12-2004. The bill of lading issued by the plaintiff and the defendant No. 5 shows HRC Shipping Limited as Shipper and HRC Agencies Lanka (Pvt.) Ltd. as the consignee in respect of total 24XD20, 25XD40 & 04XR40 containers only which were shipped on board the feeder vessel MV J...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......2 and 15 for vacating the order forarrest of the vessels MV X-Press Manaslu and MVX-Press Resolve dated 18-12 2005 and for releaseof the same. 2. The suit which has been filed under the admiralty jurisdiction of this Court discloses the following facts: 3. The plaintiff carries on business as..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
.... of the agreement. The ministry did not hand over possession of said schedule-1 (kha). On 30-8-95 he further deposited Taka 1,16,950 with interest in favour of the ministry vide receipt Exhibit 5. In total, he paid Taka 6,54,770. When he went to deposit rest of Taka 3,16,628, defendant No. 1 decline......miserably failed to prove that scheduled 1-(kha) shops were ever part of the Rupkatha cinema hall and was left out from the tender notification, first agreement for sale of the cinema hall and in the absence of any proof that the Ministry of Industries ever took over possession of said property, lea......(kha) property. Determination of the value of the property by any order of said Ministry or payment of any money on the basis of such determination must be held to be without any lawful authority and jurisdiction. The Ministry of Industries was never in management and possession of the schedule 1 (k..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....le 147(3) is couched in negative terms its effect is mandatory. Hence the bar created by clause (3) of Article 147 against holding the office, post or position of the printer, publisher and editor is total and absolute meaning that the bar is permanent and is not temporary such as till he holds the ......er for the Company. The Additional District Magistrate by the said letter informed that his office had no objection if Mr. Rahat Khan discharged the functions as editor-in-charge during the period of absence of the Editor, Mr. Anwar Hossain. This letter dated 4-2-97 is impugned as Annexure-E to the ...... civil suits are pending involving adjudication of the same points as in these 3(three) writ petitions, Rules are liable to be discharged as not maintainable as the petitioners cannot invoke both the jurisdictions for the same relief. (c) Rule in Writ Petition No. 2746 of 1997 is liable to be ..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....g cause was served upon the petitioner. The fact of issuance of notice upon the petitioner for showing cause and of filing reply to that notice before revocation of his licence of Nikah Registrar was totally suppressed in the Writ Petition. When the case was heard in part, then the petitioner filed ......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......, found that such power should be exercised sparingly and that too in the rarest of rare cases. The judgment spelt out as many as seven grounds calling for quashment of a criminal case under the writ jurisdiction. From the judgment referred to above, it does not, however, appear that before moving t..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ate, appearing for the plaintiff-petitioners, submits that on receipt of the acquisition notice the plaintiff-petitioners repeatedly urged upon the opposite parties to include Taka 1,70,50,000 in the total amount of compensation to be paid for the land but the opposite parties did not pay any head t......ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ......ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ..Category: Civil Law | Date: | Hits: 99
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....ssert that the impugned order dated 5-5-2004 committed an error of law. So the petitioners, in order to succeed must prove that the impugned order committed error in the decision. But the petitioners totally fail to discharge the burden which lies with them. 21. There is no reason to believe that......s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100.......nd if the order causes a failure of justice. The object of section 115 is to prevent the subordinate Courts from acting arbitrarily, capriciously and illegally or irregularly in the exercise of their jurisdiction. It clothes the High Court with the powers to see that the proceedings of the subordina..Category: Procedural Law | Date: | Hits: 77
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
.... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......revious demand1 even if proved cannot be presumed to have any nexus with the offence. In this case, prosecution has hopelessly failed to connect the condemned-prisoner with the demand of dowry and in absence of any ingredient of section 10 (1) of the Act 18 of 1995, we find that the whole trial is w......he house of the occurrence but the prosecution hopelessly failed to prove the same. He next submits that the trial of the case under section 10 (1) of the Act 18 of 1995 has been vitiated for want of jurisdiction as there is no evidence whatsoever of demand of any dowry either before or after the ma..Category: Criminal Law | Date: | Hits: 96
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....ties of writ petitioner No.1-respondent No.1 was taken over lawfully by the Government; that the writ-petitioners claimed ground rent at the rate of Tk.1/- per square feet per annum. But there was no total measurement of the premises of M/S Helal Jute Press Ltd. in square feet and the area covered b......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ...... Appellate Division of the Supreme Court held that the identity of the plot land and other incidental matters are surely disputed question of facts which could not be the subject matter of the writ jurisdiction. 16. From the aforesaid decisions it is well established that a court will decline t..Category: Property Law | Date: | Hits: 128
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
.... the rules made in this behalf." 11. The expressions "effective service" has been defined in Rule 2(c) thus: "(I) in the case of a teacher having second class master's decree, 50 percent of the total period of continuous service in the concerned nationalized college". "(II) In the case of a......on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21...Category: Employment/Service Law | Date: | Hits: 91
....r reasons stated above and was rejected by central committee of Government purchase. The procuring entity reserves its right to reject the tender of the EPI-3FEW who quoted a high price exceeding the total estimate cost as per Section 50.1 and other terms and conditions of the tender documents of pa......ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
......ed for re-tender and as such the High Court Division acted illegally in directing to execute contract in favour of the writ petitioner. It is also submitted that the review panel has acted beyond its jurisdiction as provided in regulation 53 of the Public Procurement Regulation and as such the High ..
Category: Others | Date: | Hits: 164
Md. Shafi Kha Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 57
Yusuf Mia Vs. State, 2011, 40 CLC (HCD)
....ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
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