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Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
.... submitted that the respondent Nos.1 and 2 are fugitive from justice and, as such, the question of invoking the jurisdiction under Article 102 of the Constitution and quashing the same is illegal and totally without jurisdiction and misinterpretation of the term 'fugitive from justice'. 5. It i......2 either under section 26 or under section 27 of the ACC Act, 2004 or rule 15(ঘ) (5) of the Emergency Power Rules, 2007 asking her to submit statement of her property, movable and immovable. In the absence of any order or notice under aforesaid provisions of law, lodging of first information rep......tion 5(2) of the Prevention of Corruption Act, 1947 read with sections 109, 168 and 169 of the Penal Code pending before the Court of Chief Metropolitan Magistrate, Chittagong was illegal and without jurisdiction. 2. The facts of the case, in short, are that respondent Nos. 1 and 2 have challenge..Category: Anti-Corruption Laws | Date: | Hits: 143
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....p of a foreign state after he was elected as a member of parliament, he becomes disqualified to contest the election or to continue as a member of the Parliament. Because a citizen of Bangladesh with total and indefeasible loyalty and patriotism is only considered fit and qualified for becoming a me......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42.......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42...Category: Administrative Law | Date: | Hits: 356
Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)
....ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41....... Civil Procedure and illegally restored the Title Suit No. 139 of 1999. The learned Advocate further submits that since the miscellaneous case was once dismissed for default, the learned Court had no jurisdiction to restore the same under section 151 of the Code of Civil Procedure. 9. Mr. Abul Ha..Category: Civil Law | Date: | Hits: 69
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....e occurrence were properly identified. 18. In this connection the learned Counsel for the defence urged that with the lapse of time the dead bodies were completely decomposed and as such it become totally un-recognizable and the evidence led by prosecution to identify the dead body of each vict......vered from a well 2 1/2 months after the alleged occurrence at village Khagan which is about 3 miles away from place of occurrence and that dead bodies being decomposed were not identifiable and in absence of evidence regarding identity of dead bodies it cannot be said with certainty that dead bod...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..Category: Criminal Law | Date: | Hits: 30
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ......o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ......cation under section 144 Cr.P.C. This order directing the parties to maintain status quo is not contemplated in a proceeding under section 144 of the Code. 8. Strictly speaking a Magistrate has no jurisdiction under section 144 Cr.P.C. to issue notice upon the parties to file written statement be..Category: Criminal Law | Date: | Hits: 32
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....ign any declaration of allegiance to Bangladesh. He did not apply for any Bangladeshi citizenship or passport. In view of his continued and prolonged stay in the United Kingdom and in view of his total lack of concern for either Bangladeshi citizenship or Bangladesh passport, if it transpires ......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ..Category: Immigration and Citizenship Law | Date: | Hits: 188
Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)
....agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......rovides that further proceedings in respect of the trial shall stand stopped and the accused person released. The learned Advocates further submitted that the learned Magistrate has acted without jurisdiction in passing the impugned order inasmuch as 30 working days has not expired from 15.7.85 ..Category: Criminal Law | Date: | Hits: 26
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....pany at Japan by their several correspondences to make good the loss suffered by the plaintiff but the defendant did not come forward to settle the claim. 9. It is the case of plaintiff that the total loss the defenants are liable to pay to the plaintiff comes to Tk.24, 56,828/00 on account of ......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72....... of Commerce which customs and practice have been made a part of the irrevocable letter of credit 18. Mr. Rafiq-ul Haque, the learned Counsel, further submitted that the learned court below had no jurisdiction to pass an order for attachment against the proceeds of letter of credits payable to a ..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......ly argued that in the instant case the provision of section 10 of the Code of Civil Procedure is attracted and the provision of section 10 of the Code being mandatory this Court will not exercise its jurisdiction under section 115(1) of the Code of Civil Procedure as no illegality is done by the imp..Category: Civil Law | Date: | Hits: 88
....eous grounds or consideration. The 3rd and last contention of Mr. Mainul Hossein is that the learned lower court failed to consider that the application under section 55 of the Specific Relief Act is totally misconceived inasmuch as the defendant company is under no obligation either legal or moral ......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......payment of price which is fixed under certain specific terms and conditions of a written contract between the supplier and the customer. According to Mr. Mainul Hosein, the learned Court below had no jurisdiction to go beyond the terms of the contract and to grant any unusual premium to any customer..
Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....aid sub section. 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: 55 DLR (2003) 34. ......aid sub section. 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: 55 DLR (2003) 34. ...... sizes and description. But the petitioner imported GI Pipe of other size and description which do not come under the said SRO. Therefore, tariff value imposed by the impugned Notification is without jurisdiction. Second contention is that the tariff value was imposed by the impugned Notification ha..Category: Fiscal/Taxation Law | Date: | Hits: 56
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33...Category: Labour and Industrial Law | Date: | Hits: 96
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......sent Rule. 7. Mr. M Ziaul Hasan, the learned Advocate appearing on behalf of the petitioner, submits that the Artha Rin Adalat is also a Civil Court and the said Court is vested with the same self-jurisdiction as any other court is having in addition to the jurisdiction vested in it by the Artha ..Category: Civil Law | Date: | Hits: 73
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ......his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ......his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ..Category: Company Law | Date: | Hits: 220
....Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......owed by the plaintiff to be concluded against them. Now, if the plaintiff can challenge the validity of the award or the existence of the arbitration agreement in the municipal forum, then we find no absence of intention of the legislature behind the municipal law on arbitration to take care of such......needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17...
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32.......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32.......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32...Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...Category: Property Law | Date: | Hits: 36
Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)
....the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......s not maintainable inasmuch as the petitioner could take the recourse to section 34 of the IRO, 1969 and the respondent being a Private Limited Company, order passed by it is not amenable in the writ jurisdiction and that the respondent Company did not put any bar upon the petitioner to carry on his..Category: Labour and Industrial Law | Date: | Hits: 71
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....l 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. ......l 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. ......l 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
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