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Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)

....Shahidul Islam, Advocates- For the Petitioners. Jamiruddin Sircar with Bazlul Ghani, Advocates- For the Opposite Party. Civil Revision No. 3630 of 1998. Judgment Md. Abdur Rashid J.- This Rule was obtained by defendants upon making an application under section 115 of the Code of Civil Pr......which has resulted in miscarriage of justice. Such decree for possession cannot be sustained in law. The submissions of Mr. Jamiruddin Sircar have no substance. 22. In the result, the Rule is made absolute. No order as to costs. The impugned judgment and decree dated 14-07-98 of the Assistant Jud..

Category: Civil Law | Date: | Hits: 82

Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)

....ichar Tribunal No. 2; where the case has been registered as Druto Bichar Tribunal Case No.7 of 2008. 3. It appears from the impugned order passed by the High Court Division dated 3-3-2009 that the Rule was issued calling upon the opposite party to show cause as to why the order dated 10-4-2008 pa......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. ..

Category: Criminal Law | Date: | Hits: 34

BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... Md. Jafar Imam, Assistant Attorney-General-For Respondent No. 9, A.K.M. Nazrul Islam, Advocate-For Respondent No. 12. Writ Petition No. 5915 of 2005 Judgment SM Ziaul Karim J.- This Rule Nisi was issued, calling upon the respondents to show cause as to why threatening for eviction ...... 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...

Category: Constitutional Law | Date: | Hits: 171

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....assette it appears that HM Ershad tried to influence the puisne judge of the Bench before which the appeal was pending and thereby tried to pervert the course of justice and, as such, the contempt Rule was issued on him on 22-11-2000 to show cause as to why he shall not be found guilty of contem......t that Article 39(2) of the Constitution guarantees freedom of speech and expression as well as freedom of press but that fundamental right is also subject to law of contempt. This right is not an absolute right but is subject to reasonable restriction imposed by law including the contempt of co..

Category: Criminal Law | Date: | Hits: 130

Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)

....-For the Petitioner. AF Hassan Ariff with Ziaur Rahman Khatian, Ashik Ali Jalil, Advocates—For the Respondent Nos.1 and 2. Writ Petition No.1001 of 1993. Judgment Kazi Ebadul Haque J.- Rule in Writ Petition No.1001/93 was issued on 22-6-93 at the instance of the petitioner Md. Mohshin......he requirement of law for maintaining healthy environment for the residents and RAJUK cannot deprive the residents of such facilities on any plea whatsoever. In the result, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. Th..

Category: Property Law | Date: | Hits: 55

Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)

....oque, Advocates — For the Petitioner. Shafique Ahmed with Kazi Kamrul Alam, Advocates— For the Opposite Party No.1. Civil Revision No. 2049 of 2001. Judgment Md. Abdur Rashid J.- This Rule was obtained upon making a revision application under section 115 of the Code of Civil Procedur......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. ..

Category: Election Law | Date: | Hits: 79

National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)

....ahidul Islam, Advocates—For the Petitioner. Faizul Kabir with ARM Shahidul Islam, Advocates— For the Opposite Party. Civil Revision No. 785 of 1999. Judgment Md. Abdur Rashid J.- This Rule was obtained by the employer by making a revision application under section 115 of the Code of ......one of the decisions helps Mr. Faizul Kabir nor is applicable in the facts of the case at hand. Submissions of the learned Advocate for the opposite party fail. 19. In the result, the Rule is made absolute. No order as to costs. The impugned order is hereby set aside. The application of the oppos..

Category: Alternative Dispute Resolution | Date: | Hits: 186

Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)

....ng shipper liable for compensation for misrepresentation taking into consideration the commercial nature of the bill of lading which is a negotiable document it is necessary that where COGSA or Hague Rules as enacted, apply, they must be followed. Therefore, if the number of packages and the nature ......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. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 214

North South Property Development Ltd. Vs. Secretary, Ministry of Land and another, 1999, 28 CLC (HCD)

....orney-General, Shahabuddin Ahmad, Deputy Attorney-General with Bazlur Rahman Chhana, Advocate—For the Respondent No. 1. Writ Petition No. 3270 of 1998. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner North South Property Development Ltd, calling upon......ents giving rise to a legitimate exception of the petitioners getting the work but subsequent conduct of the respondents was arbitrary, unreasonable and malafide and, as such, the Rule should be made absolute. 4. Learned Attorney-General after placing the affidavit-in-opposition and other materia..

Category: Civil Law | Date: | Hits: 92

Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)

....iswas with Ms Nahid Sultana, Advocates—the Petitioners. M Shamsul Alam, Advocate—For the Opposite Party Nos. 1-2. Civil Revision No. 2252 of 1998. Judgment Md. Abdur Rashid J. - This Rule was obtained by the plaintiff against order dated 14-05-98 passed by the Subordinate Judge, Fir...... 2 dated 27-02-95 before the Appellate Court for acceptance of their written statement ought to be rejected and is accordingly rejected. 11. For the reasons as stated above, the above Rule is made absolute, but without any order as to cost. The order of stay granted by this court at the time o..

Category: Procedural Law | Date: | Hits: 66

Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)

....s—For the Petitioners. Tawfique Newaz with Muhammad Feroze, Mrs. Azra Nasreen Rahman, Advocates—For the respondents. Writ Petition No.278 of 1999. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioners, Anwar Karim and Afzal Karim as well as Focus Fas......ons stated above inclusion of their names in the CIB report in our view is without lawful authority and of no legal effect. We, therefore, find merit in this Rule. In the result, the Rule is made absolute without any order as to costs. Inclusion of the names of petitioner No.1 Anwar Karim and pe..

Category: Banking Law | Date: | Hits: 121

Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)

....h J Oram Limited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: The Rule is made absolute Lawyers Involved: MR Hasan, Advocate—For the Petitioners. Md. Baz......Limited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: The Rule is made absolute Lawyers Involved: MR Hasan, Advocate—For the Petitioners. Md. Bazlur Rahman, D..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh and others Vs. Md. Jahangir Ali and Another, 2001, 30 CLC (HCD)

.... DLR 663. Lawyers Involved: Sajjad Ali Chowdhury, Assistant Attorney-General-For the Petitioners. Md. Khurshid Alam Khan with Salauddin Talukder, Advocates—For the Opposite Party. Civil Rule No. 395 (Con) of 1999. Judgment Md. Abdus Salam J.- An application under section 115 of t......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365...

Category: Procedural Law | Date: | Hits: 88

Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)

....ers Involved: M Enayetur Rahim, Advocate—For the Petitioners. Md. Mahbub Ali, Advocate—For the Opposite Parties. Civil Revision No. 2271 of 2000. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned order date......order 41 rule 19 of the Code of Civil Procedure. In that view of the matter, I do not find any substance in the submission of the learned for the opposite party. 7. In the result this Rule is made absolute. The impugned order dated 4-5-2000 passed by the learned District Judge, Mymensingh is set ..

Category: Procedural Law | Date: | Hits: 86

Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)

....um products within Khulna Pourashava and sold the same within the Pourashava area, but did not give declaration of import of petroleum at the entry point as well as did not pay octroi dues as per the Rules. So the plaintiffs had been deprived of huge amount of octroi. 8. The principal defendants ......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...

Category: Fiscal/Taxation Law | Date: | Hits: 91

Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)

....inion that there is hardly any scope to entertain the applica­tion under Section 561A of the Code of Criminal Procedure. In the absence of any cogent ground for quashment, we are unable to issue any Rule in this case." 13. In view of the above discussions and findings, we are of the view that th......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...

Category: Criminal Law | Date: | Hits: 56

Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)

....on under Article 103 of the Constitution is for granting leave to appeal against the judgment and order dated 26.11.2008 passed in Writ Petition No.10220 of 2007 by the High Court Division making the Rule absolute and thereby setting aside the order No. 60 dated 28.10.2007 passed by the Artha Rin Ad......der Article 103 of the Constitution is for granting leave to appeal against the judgment and order dated 26.11.2008 passed in Writ Petition No.10220 of 2007 by the High Court Division making the Rule absolute and thereby setting aside the order No. 60 dated 28.10.2007 passed by the Artha Rin Adalat,..

Category: Civil Law | Date: | Hits: 79

Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)

....minur Rahman J.- Instant petition under Article 103 of the Constitution is for granting leave to appeal against the judgment and order dated 24.08.2009 passed by the High Court Division in making the Rule absolute issued in Writ Petition No.6981 of 2007. 2. The respondent No.1 hereof filed the le...... Rahman J.- Instant petition under Article 103 of the Constitution is for granting leave to appeal against the judgment and order dated 24.08.2009 passed by the High Court Division in making the Rule absolute issued in Writ Petition No.6981 of 2007. 2. The respondent No.1 hereof filed the leave p..

Category: Others | Date: | Hits: 74

Abdur Rashid alias Abdur Rasheed Vs. Judge, Artha Rin Adalat No.1, Chittagong, 2009, 38 CLC (AD)

.... Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 28.01.2009 passed by the High Court Division in Writ Petition No.5765 of 2004 discharging the Rule arising out of Order No.60 dated 19.07.2004 issuing warrant of arrest against the petitioner in....... We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 611...

Category: Civil Law | Date: | Hits: 77

Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)

.... Md. Abdul Matin J.- This petition for leave to appeal is directed against the judgment and order dated 16.04.2009 passed by the High Court Division in Civil Revision No.4896 of 2007 discharging the Rule and affirming the judgment and decree dated 24.06.2007 passed by the learned Joint District Jud...... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ..

Category: Property Law | Date: | Hits: 36