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Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....283. Lawyers Involved: HS Deb Brahman, Advocate ‑ For the Petitioner. MA Samad, Advocate ‑ For the Respondents. Writ Petition No. 4540 of 2000. Judgment SAN Mominur Rahman J.- Rule was issued calling upon the respondents to show cause why the order of transfer of the petition......LR and 15 DLR do not bar seeking relief under writ Jurisdiction for a worker or Darwan, Considering the facts and circumstances of the case we find merit in the Rule. Accordingly, the Rule is made absolute without any order as to costs. The impugned order of transfer and posting dated 10‑11‑1..

Category: Labour and Industrial Law | Date: | Hits: 71

M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-­Corruption & ors., 2001, 30 CLC (HCD)

....orded necessary sanction by letter dated 24‑5‑2000. The petitioner thereupon challenged the said letter dated 24‑5‑2000 according sanction by filing the present writ petition and obtained the Rule. 3. None of the respondents appeared and contested the Rule by filing any affidavit‑in­-o......anction in question is illegal and perverse. This view finds support in the decision in the case of Gakul Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ..

Category: Anti-Corruption Laws | Date: | Hits: 138

Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)

....”For the Petitioner. Zainul Abedin and Prasanta Kumar Basu, Advocates—For the Opposite Party No. 1. Civil Revision No. 7290 of 1991. Judgment Md. Abdur Rashid J .- On 5, March, 1986 a Rule in Civil Revision No. 149 of 1986 was obtained from the then High Court Division at Rangpur Ben......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..

Category: Civil Law | Date: | Hits: 69

Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)

.... Mahbubey Alam, Additional Attorney-General with MA Rouf Assistant Attorney-General —For the Respondent. Criminal Miscellaneous Case No. 1325 of 1994. Judgment Abu Sayeed Ahammed J.- This Rule was issued on 14-8-94 at the instance of Mirza Anwarul Islam alias Tanu, the accused petitioner......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ..

Category: Criminal Law | Date: | Hits: 37

Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)

....essary harassment to the defendant. 5. Feeling aggrieved, the defendant petitioner approached this Court in an application under section 115 of the Code of Civil Procedure and obtained the present Rule. 6. Before deciding the propriety of the order under challenge let me address myself to see ......efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ..

Category: Family Law | Date: | Hits: 185

Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)

....ntire proceedings before the tribunal and (b) that nothing in the Act or rules excluded the application of Order VI rule 17. We entertain no doubt that, on a party of reasoning, nothing in the Act or Rules excluded the application of Order VI rule 16, and as we have seen in Bhikaji Keshao Joshi's ca......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...

Category: Election Law | Date: | Hits: 85

Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)

....: NK Chakravarty J Hanif Ali (Md)…………………………..Petitioner Vs. Hajera Khatun and others…………….. Opposite Parties Judgment February 10, 2002. Result: The Rule is made absolute.   The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule ......avarty J Hanif Ali (Md)…………………………..Petitioner Vs. Hajera Khatun and others…………….. Opposite Parties Judgment February 10, 2002. Result: The Rule is made absolute.   The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule 17   ..

Category: Property Law | Date: | Hits: 34

Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)

....d Faizee, Advocates—For the Petitioners. Rafiqul Haque with M Nazrul Islam, Advocates—For the Opposite Party. Criminal Appeal No.1156 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite party was called upon to show cause as to why the proceedings of GR No. 929/98 now......y offence under section 406 and 420 against the present petitioners and, as such, the proceeding is liable to be quashed only in respect of the present petitioners. In the result, the Rule is made absolute in part. The proceedings of GR Case No. 929 of 1998 so far it relates to the present petiti..

Category: Criminal Law | Date: | Hits: 39

Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)

.... Rahman, Advocate- For the Petitioner. Md. Nurul Islam with Md. Khasruzzaman, Advocates-For the Opposite Parties. Civil Revision No. 3289 of 1998. Judgment Md. Mamtazuddin Ahmed J.- This Rule at the instance of the plaintiff-petitioner is directed against the judgment and order dated 30......assed by the learned Subordinate Judge and in affirming the order dated 1-10-1996. Therefore, the contention of the learned Advocate for the opposite parties fails. In the result, the Rule is made absolute without any order as to costs and the impugned order of the learned District Judge is set a..

Category: Property Law | Date: | Hits: 21

Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)

....s. Shahabuddin Ahmad, Deputy Attorney-General with Quazi Rezaul Hoque, Assistant Attorney-General—For the Respondents. Writ Petition No. 2787 of 1996. Judgment Md. Ruhul Amin J. - This Rule has been obtained under Article 102(2) (a) (ii) of the Constitution of the People’s Republic ......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..

Category: Alternative Dispute Resolution | Date: | Hits: 191

Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)

....r Articles 31/50 of the Anti-Corruption Manual read with sections 94/116 Cr.P.C. by directing the petitioner to submit the documents and papers of holding No. 21 Motijheel Commercial Area, Dhaka. The Rule Nisi was issued calling upon the respondents to show cause as to why the said proceedings shoul......the share of and was taken over by the former partner Abdul Majid, father of the petitioner. While the petitioner’s father Abdul Majid had been in possession and control of the case property as the absolute owner inducted therein tenants and kept a portion in his possession. During the period of l..

Category: Anti-Corruption Laws | Date: | Hits: 232

Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)

....June 3, 1998. Lawyers Involved: Badruddin Ahmed, Advocate —For the Petitioner. Not represented —the State. Criminal Revision No. 30 of 1993. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and order dated 14-10-92 passed by the Additional District Mag......grounds in the submissions made by the learned Advocate for the petitioner and these are accordingly sustained. 8. In view of the discussions made above, the revision succeeds and the Rule is made absolute. The impugned judgment and order passed by the learned Additional District Magistrate, Mani..

Category: Criminal Law | Date: | Hits: 30

Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)

.... the learned Deputy Attorney-General on this point also specifically, we think this petition (Writ Petition No. 5951 of 20031) can be disposed of by giving direction in the matter without issuance of Rule as it would consume much time and delay for disposal of the proceeding. We have in this connect......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..

Category: Criminal Law | Date: | Hits: 50

National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)

....he Habib Bank Ltd is not even entitled to any payment even after 22nd May, 1986 because of the delay in sending the documents to National Bank Ltd. which is itself a discrepancy. Besides, he submits, Rule 46 of the ICC Rules 400 requires that the documents must be sent to the issuing bank for paymen....... The learned Counsel, after referring to a number of telexes (Exhibit 11 series), submits that the reason given out in the belated telex of National Bank Ltd dated 20th August, 1986 (Exhibit 12) was absolutely illegal and violative of ICC Rules and international trade practice and customs. In this ..

Category: Business or Commercial Law | Date: | Hits: 202

Abu Jafar Md. Nurul Islam Vs. DG, Department of Environ­ment, Government of Bangladesh and others, 2003, 32 CLC (HCD)

....os. 1‑5. Sadia Rawshan Jahan with Akram Hossain Chowdhury and Laila Yasmin Haq, Advocates ‑ For the Applicants. Writ Petition No. 6970 of 2002. Judgment Md. Abdul Wahhab Miah J.- This Rule Nisi was issued calling upon the respondents to show cause as to why Memo No. Paribesh 4480/220......ually no evidence was taken from the local people and, in fact, the alleged inquiry made by respondent Nos. 1‑2 was a collusive and concocted one. Senpara Parbata, Mirpur was never classified as an absolutely residential area by the competent authority and, in fact', in the said area there are so ..

Category: Environmental Law | Date: | Hits: 226

Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)

.... Ahmed, Advocates – For the Petitioner. Mostafa Zaman Islam, Assistant‑Attorney‑General -For Respondent No. 1. Writ Petition No. 1012 of 1998. Judgment Syed Amirul Islam J.- In this Rule the petitioners have challenged the imposition of separate customs duties and other taxes on it......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...

Category: Fiscal/Taxation Law | Date: | Hits: 77

Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)

....Involved: Abul Kalam Azad, Advocate—For the Petitioner. Rabi Sankar Chakroborty, Advocate—For the Opposite Party. Civil Revision No. 2517 of 1990. Judgment Md. Ruhul Amin J. - The Rule has been obtained by the plaintiff against the judgment and decree dated 15-11-1990 of the Cour......ed evidence and fraudulent suppression of summons. But those were really treated as part of the main allegation of fraud that the claim, that is, the suit itself, was a false one, for which there was absolutely no foundation and on or in which a fraudulent ex parte decree was obtained. The Order 9 r..

Category: Civil Law | Date: | Hits: 66

Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)

....Civil Revision No. 988 of 1993. (From the judgment and decree dated 30-4-90 passed by the Senior Assistant Judge, Narayanganj in Title Suit No. 91 of 1989) Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and decree dated 10-11-92 passed by the District Judge, Naraya......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90...

Category: Employment/Service Law | Date: | Hits: 72

Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)

.... order of conviction by trial Court on 29-3-97. Being aggrieved the convict-appellant-petitioner preferred the criminal Revision under section 439 Cr.P.C. before High Court Division and obtained this Rule. 6. At the hearing Mr Khurshed Alam Khan, the learned Advocate for the petitioner, submits t......r of conviction must be set aside and the convict should be acquitted and set at liberty forthwith having found him not guilty of the charge brought against. According to him, the Rule should be made absolute. 8. Learned Assistant Attorney-General appearing for the State respondent submits that 3..

Category: Family Law | Date: | Hits: 175

American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)

....r the Respondents. Writ Petition No. 2285 of 1998 Judgment Md. Monsurul Hoque Chowdhury J.- Supplementary affidavits filed on behalf of the petitioner be made part of the record. 2. This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned letter dated ......tices under section 83(1) of Income Tax Ordinance, 1984 dated 16-7-1998 for assessment years, 1992-93 to 1997-98 are without lawful authority and 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: 54 DLR (2002)7. ..

Category: Fiscal/Taxation Law | Date: | Hits: 132