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Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......t Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Farah Mahbub J Sadek Hossain Khoka and others ………………………Petitioners Vs. Election Commission for Bangladesh and others………………….. Respondents Judgment December 4, 2008. Resu......ion No.9124 of 2008 submits that in view of section 3(6) of the স্থানীয় সরকার (City Corporation) Ordinance, 2008 (Ordinance No. 16 of 2008) "Dhaka City Corporation" is a "body corporate" for using the words "City Corporation ”একটি সংবিধিবদ্ধ স......cy. To give effect to these fundamental principles of state policy Article 59 of the Constitution has provided that local government in every administrative unit of the republic shall be entrusted to bodies composed of persons elected in accordance with law. Article 60 provides that parliament shall..Category: Constitutional Law | Date: | Hits: 466
....de promoting and protecting trade, commerce and manufactures of Chittagong, in particular and encouraging the development and progress of the concerned area, in general. The petitioner represents all businessmen and industrialists of Chittagong district and protects the interest of their firms, comp......onise the apparently inconsistent provisions of a statute in a manner as to permit all the conflicting provisions to operate. It is only when such reconciliation is not possible that the Court can resort to the doctrine of implied repeal and say that the later provision shall prevail……………......oner is a registered trade organization having licence No.16 granted under section 3 of the Trade Organizations Ordinance, 1961 on 25.5.1963. After obtaining the licence, the trade organization was incorporated under section 26 of the Companies Act, 1913 on 6.7.1963. The activities of the petitioner......t and progress of the concerned area, in general. The petitioner represents all businessmen and industrialists of Chittagong district and protects the interest of their firms, companies and corporate bodies engaged in trade, commerce and industry, agriculture and manufacturing etc. It also represent..
Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
.... thousands of other citizens of Bangladesh who while having their permanent residence in Bangladesh but temporarily residing abroad and pursuing various lawful pursuits such as education, employment, business and others are, as a result of an erroneous interpretation and/or definition in the 1982 Or...... Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Bangladesh vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Bond vs. The Overseers of the Parish of St. George, Hanover Square, Law Reports, Court of Common Pleas, Vol VI 1871 312. Lawyers Involved: D......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......n of a cyclone shelter in Kutubdia. As a conscientious citizen of Bangladesh he is desirous of being registered a voter in the Electoral Rolls being prepared election to Parliament and other elective bodies in Bangladesh. Upon inquiry from the respondents it is learnt that a citizen of Bangladesh re..Category: Constitutional Law | Date: | Hits: 386
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....serted that as per Clause 68(1) of the agreement dated 30‑10‑90 Exhibit 2, notices were duly given to the plaintiff by post and through messenger and all these were done in due course of official business. He stated that the foreign consultant scrutinised the work of the Project and opined that ......nt Judgment March 16, 17, 2003. Result: The Appeals are allowed. Cases Referred to- British Airways PLC Vs. Bangladesh Air Services Pvt. Ltd., 47 DLR 544; National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Indian Hosiery Works Vs. Bharat Woollen M......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....gainst the accused-petitioner in the instant case or not. On a bare reading of First Information Report, it appears that the accused-petitioner and others took loan from the bank for the purpose of business submitting relevant papers and documents in support of the imported Taxi Cabs. After taking......……………Opposite Party Judgment January 11, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A To bring a case for the purpose of quashing a proceeding under section 561A of the Code of Criminal Procedure, one of......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ..Category: Criminal Law | Date: | Hits: 92
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....n whom service can be made, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides of carries on business or personally works for gain, and shall then return the original to the Court from which it...... Vs. Md. Shahid Sarker and others…………………….Opposite Parties Judgment August 7, 2009. Result: The rule is made absolute. Cases Referred to- Santosh Kumar Chakraborty Vs. M.A. Motaleb Hossain and another, 1985 BLD (AD) 59; Keshab Chandra Vs. Baliganj Estate Pvt.......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..Category: Procedural Law | Date: | Hits: 133
....0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......e writ is not maintainable.
Cases Referred to-
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed, 48 DLR (AD) 33; Registrar Vs. Zakir Ahmed, 16 DLR (SC) 722; Suresh Koshy George Vs. University of Kerala and others, AIR 1969 page 198.
Lawyers Involved:
M Aminul ......ered by the above Ordinances shall be dealt with by the Discipline Board as it deems fit of such provisions in the Rules, he submits, that though severe punishment of debarring for 3 years has been incorporated but the authority concerned took a lenient view debarring them for only one year which ha......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
..
Category: Constitutional Law | Date: | Hits: 300
....zak while opposing the rule on behalf of the respondent No.3 Uttara Bank, submits that the Uttara Bank has allowed considerable amount of money as loan to Taj Jute Backing Co. Ltd. and since the said business concerndefaulted in paying back the said loan, the Uttara Bank obtained a decree from the A......rged.
Principle of natural justice
The principles of natural justice that no person be condemned unheard 'Audi Alterem Partem' is applicable in the administrative as well as in the judicial or quasi-judicial proceedings …………………………(26)
Unless a person holds a right......t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
......t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
..
Category: Administrative Law | Date: | Hits: 299
....tatement. The defendant No.1 and others denied all together the case of the plaintiff and stated that Ras Bihari Das alias Ramani Mohan Das Baishnab had considerable resource and he had money leading business as well as he was pious. He had'been leading a life like a Baishnab and then he actually ad......
November 12, 15, 2009.
Result:
The Rule is discharged.
Case Referred to-
Radha Nath Mukherjee Vs. Saktipada Mukherjee, (1936) 58. All.
Lawyers Involved:
Fazlul Haque, Advocate - For the petitioner.
Dr. Rafiqur Rahman, Advocate - For the Opposite Parties.
Civil Revision No....... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
...... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
..
Category: Property Law | Date: | Hits: 102
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ...... The State………………………..Opposite party Judgment February 9, 2009. Result: The Rule is made absolute. The accused-petitioner was shown arrest and had been in jail hajat for more than 2 (two) years without trial and 3 prosecution witnesses were examined, but were not pro......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ..Category: Criminal Law | Date: | Hits: 88
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....the city from morning to 8-00 /9-00 PM As a result, the members of English Road Iron and Steel Merchants Association (in short, the Association) have been facing serious problems in carrying on their business. The Association through the petitioner had been looking for a piece of land at Jatrabari a......and others ………………….Respondents Judgment June 12, 2008. Result: The Writ Petition No. 1448 of 2008 is disposed of and Writ Petition No. 3071 of 2008 is discharged without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordina......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
.... stay marketing or supply of any kind of goods belonged to them until the demand is satisfied. It is stated that upon issuance of the impugned notice the customs authorities stayed the export, import business of the petitioners and created a deadlock. It is also stated that under compelling circumst......is Case is also Reported in: 30 BLD (HCD) (2010) 441. ......ipon Packing and Accessories Ltd. and seized to be an associate of the said company from then (Annexure A and A1). Thereafter the Ocean Accessories Ltd, Petitioner No.1-company was floated and duly incorporated in the month of November, 1997. Therefore, it is clear that since November, 1997 the peti......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 174
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......eik Abdus Sabur Vs. Returning Officer and others, (1989) 41 DLR (AD) 30; A K Rejaul Karim Vs. State, (1988) 36 DLR (AD) 113. Lawyers Involved: Rafiq-ul Huq with Shah Monjurul Huq, Advocates - For the petitioner. Nahid Mahtab, Deputy Attorney-General with Kazi Jinat Huq, Assistant Attorney...... with the copy of the pay order which was received on 21.11.07. The respondent No.3 received the said demand draft. Accordingly, the petitioner prayed for amendment of the writ petition in order to incorporate appropriate relief after such payment of the customs duty and other charges and penalties ......ns for seeking election of a Union Parishad, Mr. Shahabuddin Ahrned, J as his Lordship then was found, inter alia, that "10. Parliament is a creation of the Constitution itself; the local elected bodies are created by their respective statutes in pursuance of Article 9 of the Constitution, which..Category: Fiscal/Taxation Law | Date: | Hits: 246
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
.... blasting machine and certain used and new spare parts. The owner of the defendant No.1 vessel is the Bangladesh Shipping Corporation, the defendant No.3 which is a statutory body engaged in shipping business. The plaintiff’s consignment was inspected by Inspectorate Griffith (UK) Ltd before shipm......ximpo Trading Limited…………………… Plaintiff Vs. MV Banglar Kakoli ………………………Defendants Judgment May 29, 2007. Result: The suit is dismissed without any order as to costs. Cases Referred to Trans Oceanic Steamship Co. Ltd. Vs. Adamjee Insurance Co......ping Corporation to load the trailers on deck. 23. Exhibits 'D' and D-1 are (a) is a letter issued by Chief Officer of the vessel dated 6-9-2000 and (b) Copy of Daily Working Report with remarks incorporated therein stating that all the vehicles are found to be very old, broken and damaged. 24......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..Category: Limitation Law | Date: | Hits: 174
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......e Artha Rin Adalat An application under Article 102 of the Constitution does not lie against the judgment and decree of the Artha Rin Adalat since there is specific provision in the statute for filing appeal against the judgment and decree passed by the Artha Rin Adalat…………………......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..Category: Civil Law | Date: | Hits: 170
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......e appeal is allowed. The Special Powers Act, 1974 (Act No. XIV of 1974), section 25B Interpretation of statute It is the presumption that the legislature does not make mistakes in not adding or inserting any word in any provision of the statute. Even if, the mistake is obvious, the Court ca......section only the words 'any goods' have been mentioned. Though the word 'currency' has been mentioned in sub-section (1) (a) of section 25B but, the said word 'currency' has not been mentioned or incorporated in sub-sections (1) (b) and sub-section (2) of the said section. 27. It is to be menti......d. Joad Miah along with other police personal on 6-10-1990 at about 11-30 AM from village Telipara arrested the present convict-appellants and then the informant party made search on their respective bodies in presence of witnesses Md. Abul Kamal Azad, Dr. Solaiman Ali and recovered Indian Rupee 1..Category: Criminal Law | Date: | Hits: 84
....r-in-interest of plaintiffs and delivered possession. The record of rights was also prepared in the name of said Shaheb Ali. Then, he possessed the suit land by building four-roof tin hut and running business thereform upon payment of rents on proper receipt.
4. Then, Shaheb Ali died leaving plai.......
Government of the People's Republic of Bangladesh, and others..…………………Opposite parties
Judgment
February 26, 2007.
Result:
The Rule is made absolute in part.
The record of rights prepared in the name of the government during the last revisional survey has got no ba......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....te under the Code or under any law for the time being in force and with the previous sanction of the Government, he may make rules consistent with the Code to regulate the conduct and distribution of business and the practice in the Courts of Metropolitan Magistrates and any other matter which could......ial is an evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in the interest of the community. The safeguards against unfounded accusations and the opportunity for establishing innocence, which constitute the hallmark of an ordinary criminal trial, ar......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..Category: Criminal Law | Date: | Hits: 114
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....h approval by the Supreme Court of India in the case of Canara Bank Vs. Canara Sales' Corporation and others (AIR 1987 SC 1603); "But it does not follow that because they may need protection as their business expands, the necessary incidents of their relationship with their customer must also change......ank acts without mandate and cannot repel liability, the only limitation on bank's liability being based on customer's lack of care in drawing a cheque as well as on his deliberate abstention from informing the bank of forgery…………………………(11) The banks have the defence of estopp......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
....Jashim Uddin Ahmed, Advocate appearing with Mr. Md. Shabbir Ahmad, Advocate in support of the instant application submits that the share-holder have now felt its expedient to take steps to resume the business of the company. Referring to Annexures E and F of the supplementary affidavit dated 6-1-201......
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
......unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
......unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
..
Category: Company Law | Date: | Hits: 134
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