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Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... the appellant (the respondent No.2 herein) had no grievance. 9. The incumbent Board failed to conceal its enthusiasm and went as far as to offer protection to the DM, the respondent No.3, against contempt of court for taking on his own shoulder the very subject matter of newspaper Declaration, f......o.40, Topkhana Road, Segun Bagicha, Dhaka- 1000 should not be declared to have been issued without lawful authority and is of no legal effect and a direction should not be issued upon respondent No.3 for authentication of the petitioner’s declaration either for the Daily Ittehad or the Daily Deshk...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 171
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......ner. NH Khandker, Advocate ‑ For the Respondent No.1 Opposite Party. First Appeal No.73 of 1994. Judgment Md. Ansar Ali J.- This is an application by defendant respondent No.8 praying for stay of further proceedings of the Execution Case No.3 of 1993 pending in the Court of the Addit......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......th the sides on this point and carefully examined the provisions of rules 4 and 5 of Order 41 and also rule 33 of the same and we are in respectful agreement with the above observation of the learned Judges who delivered the above decision reported in AIR 1956 Andhra Prodesh and we hold that the def..Category: Limitation Law | Date: | Hits: 211
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452....... Ltd., 28 DLR (AD) 70 . Lawyers Involved: S R Pal with T Islam and AKM Nazrul Islam, Advocates- For the Appellant (In Appeal No. 13 of 1991). Rafiq-ul-Huq with Md. Fazlul Houque, Advocates- for the Appellant (In Appeal No.12 of 1993). Khondoker Mahbuddin Ahmed with AQM Fazlul Huq Khan, ...... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......li Bank, has contended that the High Court Division riot being a Civil Court constituted under the Civil Courts Act 1887 and the High Court Division having been established under the Constitution the Judges of the High Court Division have higher status different from that of the ordinary Civil Court..Category: Company Law | Date: | Hits: 317
....Appellate Tribunal, for it has been provided in the Administrative Tribunals (Amendment) Act, 1988, enacted on 24.5.88, that the Administrative Appellate Tribunal shall have the power to punish for contempt of itself and the Administrative Tribunal. The new section 10A inserted by the said amendin......ner is a Subject Matter Officer, Upazila Krishi Office, Habiganj in the Ministry of Agriculture, Government of Bangladesh in the New National Scale of Pay of Tk. 750-1470/-. He filed an application before the Administrative Tribunal under section 4 of the Administrative Tribunals Act, 1980 (Act No. ...... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538....... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538...
Category: Administrative Law | Date: | Hits: 445
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......y Vs. Md. Ishaque and others, 35 DLR (AD) 364. Lawyers Involved: M. Fazlul Karim, Advocate - For the appellant. P. Bhattacharya, Advocate - For the respondents Nos.1 & 2. Mokbul Ahmed for Mozammel Huq, Advocate - For the respondent No.3. Appeal from Appellate Decree No.174 of 1970......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......ed the owner of the drums to find out the same and there was no fault on the part of the Port Authority to locate the goods. This view also finds support from the following observation of the learned Judges of the Appellate Division: "The Port Authority did not inform the plaintiff nor make any s..Category: Business or Commercial Law | Date: | Hits: 397
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......rishad and Upazila Administration Re-Organisation) (Third Amendment) Ordinance, 1989 making thereof, among other provisions, a Chairman of a Union Parishad shall be disqualified from election as, or, for being a Chairman of the Upazila Parishad.
2. It is stated that the Election Commission has gi.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......nterpretation in connection with sections 9 (3), 29 Cand 31(4) of the Code of Criminal Procedure. It is provided in the proviso to sub-section 3 to section 9 of the Code that the Assistant Sessions Judges shall be deemed to be the Additional Sessions Judges for the areas where the Additional Distr..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......t decree-holder petitioner Sonali Bank obtained a decree in the High Court of Justice Queen's Bench Division, London (England), United Kingdom against the judgment-debtor opposite party Abidur Rahman for a sum of £4,31,845.70 with interest and costs. Thereafter decree-holder-petitioner Sonali Ban....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......ons in the case of any order of transfer, either try it or proceed from the point at which it was transferred or withdrawn. (3) For the purposes of this section, Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court. (4) The Court trying any suit tra..Category: Procedural Law | Date: | Hits: 168
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... not entitled to obtain a judicial order defying the process of the Court. Besides, the Learned Advocates who move applications for the fugitives shall also have to face the consequence of committing contempt of Court. This principle is being followed for over 60 years in this sub-continent. Referen....... In writ Petition No.4206 of 2009 initiation of Tejgaon PS Case No. 53 dated 19-3-2009 under sections 5(2) of the Prevention of Corruption Act, 1947, sections 420/409/109 of the Penal Code pending before the Court of Chief Judicial Magistrate, Dhaka has been challenged by the petitioners. 3. Sim......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......e date he moved the writ petition. He was away from the country and craved permission of the Court to affirm affidavit on his behalf by one HBM Shoava Rahman. The permission was given and the learned Judges issued Rule Nisi as above. It is now settled that a fugitive from Justice is not entitled to ..Category: Criminal Law | Date: | Hits: 107
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......lil and others………………........Petitioners Vs. Mujibur Rahman and others……..............Respondents Judgment July 30, 2012. Result: This petition is dismissed. Suit for specific performance of contract In a suit for specific performance of contract, the questio......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ...... suit. 7. Being aggrieved by and dissatisfied with the judgment and decree dated 12.04.2005, the plaintiffs preferred First Appeal No.140 of 2005 before the High Court Division. The learned Judges of the High Court Division by the judgment and order dated 27.01.2011 allowed the appeal with..Category: Civil Law | Date: | Hits: 186
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ......heikh Mohammad Noor and she had been residing abroad temporarily. During her temporary absence from Bangladesh, her residential house situated in Gulshan was declared abandoned property. Against the aforesaid declaration, she filed Writ Petition No.287 of 1975 before the High Court Division and obta......by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ...... Nisi. 6. The appellants herein did not file affidavit-in-opposition through Mr. Zaman Akter Bulbul, learned Assistant Attorney General appeared in opposition of the Rule Nisi. 7. The learned Judges of the High Court Division by the judgment and order dated 09.11.2004 made the Rule absolute ..Category: Property Law | Date: | Hits: 121
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......etitioner and on the opposite party as well to show cause why the order of acquittal of the petitioner in Sessions Case No.63 of 1984 should not be set aside and the said case should not be sent back for retrial or to pass such other or further order or orders as to this Court may seem fit and prope......rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ..Category: Criminal Law | Date: | Hits: 101
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....hese are the same grounds which were declared illegal by a Division Bench of this Court by judgment and order dated 15.12.88 in Writ Petition No.1580 of 1988. 11. Thereafter the petitioner filed a contempt petition against the respondents for willfully violating this Court’s orders passed in ......etenu Ansarul Huq, son of late Azizul Huq, Ex-Manager, Agrani Bank, Khatunganj Branch, Chittagong at present of 86/1, Dhaka Nagar Lane, Dhaka, now detained in Chittagong Jail, should not be brought before this Court, so that this Court may satisfy itself that the said detenu is not being held in cus......judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
.... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
...... Attorney-General and Mir Hashmat Ali Assistant Attorney-General - For the Respondent No.2.
Writ Petition No. 1087 of 1994.
Judgment
Habibur Rahman Khan J.- The matter could not be taken up for hearing on merit on the date fixed on 4.6.95 as the petitioner filed an application for referrin...... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
......in and others reported in 1989 BLD 271 to show that a division Bench of the High Court Division referred the case to the learned Chief Justice with a recommendation to constitute a Full Bench of five Judges to consider the case on the ground that the question involved was of immense public importanc..
Category: Procedural Law | Date: | Hits: 136
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......sh moved by Abdus Samad Azad and 6 other Members of the Parliament namely, Suranjit Sen Gupta MP, Tofael Ahmed MP, Mrs. Matia Choudhury MP, Rahmat Ali MP, Md. Nasim MP and Prof. Abdul Hafiz MP prayed for issuance of a Rule calling upon the respondents to show cause as to why the impugned legislation......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......is unique. Article 8 is another salient feature of the Constitution which provides the fundamental principles of state policy. Article 44 figures the fundamental rights and other features namely, the Judges shall be independent, that there should be a separation of power under three structural pilla..Category: Constitutional Law | Date: | Hits: 414
State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)
....idul Alam Chowdhury, Advocate, Mr. Kafiluddin Ahmed, Advocate and Md. Rahmatullah, Assistant Secretary, Section 9, Ministry of Land to show cause as to why they shall not be prosecuted for committing contempt of Court for making false statement regarding rejection of a revisional application. 2. ......g upon Mr. Shahidul Alam Chowdhury, Advocate, Mr. Kafiluddin Ahmed, Advocate and Md. Rahmatullah, Assistant Secretary, Section 9, Ministry of Land to show cause as to why they shall not be prosecuted for committing contempt of Court for making false statement regarding rejection of a revisional appl......al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......ress the application under section 115(1) CPC. Accordingly, the application is rejected as being not pressed.” Thus it appears that the contemners tried to lay blame on the shoulders of the learned Judges of the Division Bench that passed order dated 7-7-97 for recalling the said order dated 7-7-9..Category: Criminal Law | Date: | Hits: 87
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......May 11, 2010. Result: The appeal is allowed in part. Life is a bundle of incident. Every child is born with expectation of life and with constitutional guaranteed right of basic requirements for living. Death is inevitable but premature death in whatever form is not expected and cannot be c......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ..Category: Civil Law | Date: | Hits: 339
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....urisdiction of this Court. Mr. Salehuzzaman, the learned Deputy Attorney-General in course of his argument submitted the decision reported in 40 DLR 232, that was a case relating to drawing up of a contempt proceeding for not paying the compensation amount. There the Division Bench held that Arb......and was released from requisition and symbolic possession was given in favour of the said Basharatullah. Subsequently, the Government decided to acquire the land afresh under Ordinance No. II of 1982 for the Civil Aviation Authority, the opposite party No.2 and after service of notice under section ......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ...... a judicial one then it is amenable to the jurisdiction of this Court under section 115 of the Code of Civil Procedure, otherwise not. 9. In the decision reported in 38 DLR (AD) 172, the learned Judges of the Appellate Division have held the legal position in an elaborate manner. We will be gui..Category: Alternative Dispute Resolution | Date: | Hits: 280
Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)
....as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21....... 1983, can transfer an appeal preferred from the decision of the Election Tribunal constituted under the provision of the said Ordinance to the Court of Additional District Judge or Subordinate Judge for disposal? 2. Facts relevant to answer the question are that the petitioner was elected a Chai......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21....... of the same; or re-transfer the same for disposal to the Court from which it was withdrawn. Sub-section (2) of section 24 speaks that for the purpose of section 24 Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Judge. Section 22 of the Civil Courts Act, ..Category: Election Law | Date: | Hits: 192
Ahad Miah Vs. State, 1997, 26 CLC (HCD)
....olice station for that purpose. 2. Mr. Nitai Roy Chowdhury submits that the aforesaid conditions imposed by the District Magistrate means impliedly sitting the High Court Division which amounts to contempt of Court in that such direction and imposition of the conditions as has been done by the Di......he Bahubal police station on each Sunday, Tuesday and Thursday and to file hazira in the police station indicating compliance of the order and put signature in the register kept in the police station for that purpose. 2. Mr. Nitai Roy Chowdhury submits that the aforesaid conditions imposed by the......etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200.......etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200...Category: Criminal Law | Date: | Hits: 86
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......d. Writ Petition No. 3304 of 2003. Judgment ABM Khairul Haque J.‑ The Rule: In this Writ Petition the petitioners 10(ten) in number were elected as Ward Commissioners in the seats reserved for female candidates in Khulna City Corporation (the Corporation, in short), under the provisions o......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......ed for backward classes. 32. A large number of writ petitions were filed challenging the said Memorandum also, as such, the matters were referred to a large Constitutional Bench consisting of nine Judges, to finally settle the legal positions relating to reservations. At the time of hearing, the ..Category: Constitutional Law | Date: | Hits: 443
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