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Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......y of the conducting staff and the voters pollings were stopped there. But in each and every Polling Centre there were interruptions and disturbances and polls could not be held in accordance with law and therefore he prayed for taking necessary action. But despite the fact that election was st..Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
.... of the Local Government (Union Parishad Ordinance), 1983 runs as follows: "7. Qualifications and disqualifications of Chairman and Members of Union Parishads.- (1) A person shall subject to the provision of sub-section (2) be qualified to be elected or nominated as, and to be a Chairman or......nd 11.4.88 and the declaration of the respondent No. 5 as elected Chairman of the said Union Parishad, despite his being statutorily disqualified, should not be declared to have been passed without lawful authority and of no legal effect. 2. Petitioner's case in short is that the petitioner a..Category: Election Law | Date: | Hits: 104
Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)
....wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644.......int was rejected on erroneous ground that there was no cause action for filing the suit. The High Court Division considered the agreement and found that the terms and conditions are not barred by any law and relate to the adjustment of the loan liabilities of the plaintiff appellants and the defen..Category: Procedural Law | Date: | Hits: 81
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
....the petition for appointment of receiver is not identical with property as described in the plaint schedule and as such the same suit is not maintainable. Despite, the main suit is also barred by the provision of Sections 27-46 of the Waqf Ordinance, 1962 and the trial court after hearing was please......point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639...Category: Property Law | Date: | Hits: 27
Government of Bangladesh Vs. Md. Samsuzzaman, 2009, 38 CLC (AD)
.... upholding the judgment and order of the Administrative Tribunal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 635. ...... upholding the judgment and order of the Administrative Tribunal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 635. ..Category: Administrative Law | Date: | Hits: 205
.... preparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631....... বিষয়ে বিতর্কের কোন অবকাশ নাই”। The learned Advocate further submitted that the High Court Division as well as the Court of Appeal below erred in law in discharging the Rule on non-reading and misreading of material evidence on record and on mis..
Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....Additional Commissioner of Taxes questioning the disallowances on various heads from profit and loss account. The appellate Additional Commissioner of Taxes rejected the appeal on the ground that the provision of section 153(3) of the Income Tax Ordinance had not been complied with by the order date......et aside the order of the Appellate Additional Commissioner of Taxes and directed the Appellate Additional Commissioner of Taxes to hear the appeal on merit and dispose of the same in accordance with law. 3. The applicant has formulated the following question of law which is said to arise from th..Category: Fiscal/Taxation Law | Date: | Hits: 55
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....that date, shall be tried by the Courts in which those were pending. But subsequently, the said section 9 was repealed and replaced by a new section 9 by Act 51 of 1990 enacted on 31-7-1990. This new provision envisaged that on the enactment of said Act 51 of 1990 all the pending suits filed by any ......rder was recorded by Order No. 30 on 11-10-1990 and since 31-7-1990 this suit will be prosecuted in accordance with the provisions of Artha Rin Adalat Act (‘the Act’ for short) which is a special law. According to section 3 of the Act the provisions of this Act will be effective notwithstanding ..Category: Civil Law | Date: | Hits: 79
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......din J. - This Rule was issued calling upon the respondents to show cause as to why the impugned letter dated 21-6-1999 (Annexure G to the petition) shall not be declared to have been made without any lawful authority and why the respondents shall not be directed to deliver the possession of 3 godown..Category: Property Law | Date: | Hits: 22
....The petitioner also claims that the land being not Railway land as has been allegedly claimed by the respondent No. 1, no notice could have been lawful and validly issued by the respondents under the provisions of section 5(2), 6, 7(1), 8 and 9 of the Ordinance No. 24 of 1970, the notice having been......
Judgment
Md. Marzi-ul Huq J.- This Rule was issued calling upon the respondent to show cause as to why the impugned notice complained against should not be declared to have been made without any lawful authority and of no legal effect.
2. The case of the petitioners Mrs. Doris Begum is that ..
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... any offence punishable under section 406 of the Penal Code and since the petition of complaint was filed under section 138 of the Negotiable Instrument Act, 1881 cognizance cannot be taken under any provision of the Penal Code. Moreso, the transaction being a business transaction all in the petitio......-2001 under section 406 of the Penal Code. 4. The petitioner being aggrieved by the order of taking cognisance under section 406 of the Penal Code and framing of charge in the aforesaid section of law preferred this Miscellaneous Case under section 561A of the Code of Criminal Procedure. 5. Mr..Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....desh as defendant No. 1 contested the suit by filing a written statement stating, inter alia, that the ‘A’ scheduled properties belonged to the recorded Hindu owners and the same according to the provisions of East Bengal Act XXIV of 1965 became enemy properties and the same vested in the Deputy......n 33 DLR (AD) 124. Mr. Shahid lastly, submits that the appellate Court passed the impugned Judgment and decree without the consideration of these legal aspects of the case and thus committed error of law resulting in an error in the decision occasioning failure of Justice and, as such, the same call..Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......able to be quashed. He further submits that the learned Divisional Special Judge committed an illegality in framing charge of non-schedule offence with the schedule offence and that this violation of law also renders the framing of charge against the accused petitioners illegal for which the proceed..Category: Criminal Law | Date: | Hits: 62
....the respondent No.4 do not carry any trade or business in the form of manufacture, calling, service, employment and occupation to attract the ingredients of trade and business as understood under the provision of the Ordinance, and that the definition of “industry”, “worker” and “workman......er dated 26-7-1994 and 28-6-95 and the order of the cancellation of registration of the petitioner’s Union vide Memo No. RTU (22) 97/642/1 (7) dated 15-8-1994 shall not be declared illegal, without lawful authority and to be of legal effect and also to show cause as to why registration of petition..
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....empt to cripple the petitioner Company inasmuch as they obtained a Rule and stay against order dated 21-5-2001 the respondents are bent upon the petitioner and with malafide intention resorted to the provision of section 13(3) of the Customs Act, 1969 and issued a show cause notice as evidenced by a......orney-General, Mustafa Zaman Islam, Assistant Attorney-General— For the Respondents. Writ Petition Nos. 2718 of 2001 and 2968 of 2001. Judgment Syed Amirul Islam J. - As common question of law and facts are involved in these two Writ Petitions, They are heard together and are being dispos..Category: Fiscal/Taxation Law | Date: | Hits: 63
Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)
.... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418.......suffers from illegality and thus calls for interference. It there is any other case, ending in charge-sheet against others including the petitioner, the said case may be dealt with in accordance with law. But existence of any such case cannot entitle the accused opposite parties to be discharged und..Category: Criminal Law | Date: | Hits: 33
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....plication inasmuch as this revision is a subsequent proceeding which follows from the results of the original suit and may have the effect of reopening the decree passed in the suit and, as such, the provision of Order XXIII rule 1 are quite applicable in this case. His further submission in that th...... the beginning of the hearing of the case, but because of his own bona fide mistake and oversightedness and due to old age he could not do so and for this his client, however, should not suffer. When law provides that withdrawal simpliciter of a suit may be effected under Order XXIII rule 1(1) CPC e..Category: Procedural Law | Date: | Hits: 83
....e entry of the police within the campus was not illegal rather the entry was to secure and maintain law and order and tranquility in the locality. This action, according to us, is permitted under the provisions of Article 41 of the Constitution.
10. Now, what the petitioners are challenging is th......ernment and private, were damaged and some innocent civilians lost their lives. Mr. Hakim submits that under such circumstances the local administration had to take action and in order to restore the law and order situation, police entered into the campus and drove away the rival groups who were eng..
Category: Property Law | Date: | Hits: 25
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409.......urt and obtained the present Rules. 10. In view of the fact that the two Rules arise out of the same judgment, I am inclined to dispose of these Rules by a single judgment, as similar questions of law and facts are involved in the rules. 11. I have carefully gone through the impugned judgments..Category: Civil Law | Date: | Hits: 69
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......e detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. Amirul Islam, who appeared in support of the Rule, at first has argued t..Category: Criminal Law | Date: | Hits: 60
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