Search Options
Judgment Advanced Search
Displaying 661-680 of 7133 results.
....nd into the facts and circumstances of the case
and the law bearing on the subject most illegally rejected the application for
addition of party in a summery manner which resulted in the failure of justice
and as such the impugned order is liable to be set-aside.
7. On the other hand, Mr. Md......ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......le is made absolute.
The Code of Civil Procedure, 1908 (V of 1908); Order I Rule 10(2)
Addition of party
In exceptional facts and
circumstance, if the presence of a stranger to the contract is necessary for
effective and complete adjudication of the issues and to avoid mul......ltiplicity of suits his presence
was necessary. He next submits that the learned Joint District Judge, Dhaka
without applying his judicial mind into the facts and circumstances of the case
and the law bearing on the subject most illegally rejected the application for
addition of party in a summe..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....retariat, Ramna Dhaka and others...................Respondents Judgment May 6, 2010. Result: The Rule is discharged. Surrender before the court and fugitive from justice The principle of criminal jurisprudence is that the person concerned should submit to ......tion of justice is defeated. He remains a fugitive from justice. 13. Fortified with all these decisions as discussed above we hold that the instant writ petition is not maintainable and accordingly the Rule is discharged without any order as to cost. The order of stay granted earl...... Result: The Rule is discharged. Surrender before the court and fugitive from justice The principle of criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in law as well as the......urt and fugitive from justice The principle of criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in law as well as the judicial convention, which is very much effective in the Court of law as the ag..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510....... by person but the accused-petitioner gave the cheque to the "Messrs Hossain Traders" and the complainant is neither a proprietor nor power of attorney holder of the said "Messrs Hossain Traders" and accordingly he has no locus standi in filing the instant case against the accused-petitioner and, as......¦â€¦â€¦â€¦â€¦â€¦â€¦Accused-Petitioner Vs. State and another…………………………Opposite Parties Judgment May 6, 2010. Result: The Rule is discharged. Cases Referred to- Satya Narayan Poddar Vs. State, 53 DLR 403; Sirajul Islam Vs. Tauhid Uddin Ahmed, 15 BLC 39; ......sult institution of the instant case by the complainant opposite party is without jurisdiction and, as such, institution and continuation of the impugned proÂceeding by a wrong person not tenable in law and, as such, the impugned proceeding is liable to be quashed. 7. That the complainant filed ..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....13 C.P.C. after long lapse of 4 years 5 months from the date of decreeing Title Suit No.241 of 1999 ex-parte ignoring the provisions of Rule 13(1), Order IX C.P.C. which resulted in the failure of justice and as such the impugned order is liable to be set-aside. Mr. Haider finally submits that t......e to be set-aside. 9. On the other hand, Mr. Arobinda Kumar Roy, the learned Assistant Attorney-General appearing for the opposite parties supports the impugned order dated 10.7.2008 which was according to him just, correct and proper. He submits that since the miscellaneous case was allowe......Commissioner, Narayangonj and others………………………………………Opposite parties Judgment April 28, 2010. Result: The Rule is made absolute. Cases Referred to- 42 DLR (AD) 234; 1 BCR 131; AIR 1968 (Guj) 301. Lawyers Involved: Probir Haider,......eous case stating that both the parties given consent to set-aside the ex-parte decree. 8. Mr. Haider next submits that the learned Joint District Judge, Narayangonj has committed an error of law in passing the impugned order allowing the miscellaneous case under Order IX Rule 13 C.P.C. af..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......roperty or abandoned property after 1969. It can be relied upon the case of Government of Bangladesh Vs. Paresh Chandra Gharani, 50 DLR(AD) 70 wherein it has been held that when the Government failed to prove the legal foundation for enlisting the suit property in the census report of the vested pro......uit property in the census report of the vested property and the plaintiffs led some evidence in support of their interest in the suit property the Appellate Court decreed the suit on correct view of law......(8) To be vested a property must have factual basis and legal foundation Claim by..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300....... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300.......…………Petitioner Vs. The State & another………………………Opposite parties Judgment April 25, 2010. Result: The Rule is discharged. Case Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195, Ali Akkas Vs. Enayet Hossain a......arge against the petitioner under section 138 of the Negotiable Instruments Act, 1881. The said charge was read over to him to which he pleaded not guilty and demanded to be tried as per provision of law. 4. The accused petitioner preferred a revisional application before this Court, and on the..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ....... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Result: The rule is made absolute. Conditions to be fulfilled for bringing a case for quashment proceeding To bring a case within the purvi......hould not normally be inferred.” 14. As regards quashing of proceeding in a Criminal Case the Appellate Division has set up five categories which are as follows: "The settled principle of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceed..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ...... under Section 561A of the Code of Criminal Procedure before the High Court Division for quashing the order dated 19.11.2007 taking cognizance against him without prior sanction by the Government and accordingly Rule was issued by a Division Bench of the High Court Division in Criminal Miscellaneous......r Vs. The State.........................................................Respondent Judgment April 13, 2010. Result: The leave petition is dismissed. Cases Referred to- GA. Monterio 1957AIR (SC) 13 (1889) ILR 26 Cal 158 (DB) AIR 1973 SC 33; P.P. Unnikrishnan V......rs while the informant along with other RAB personnel on petrol duty, received a secret massage regarding unloading of some contraband goods brought in breach of prohibition or restriction imposed by law from 2 covered-vans at No.5, Outer Circular Road, Meheruma Shopping Centre! that at about 17:10 ..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....ny error or illegality in setting aside the erroneous order of the Court below." 4. The learned Counsel next submits that there is no scope to exercise the inherent powers to secure ends of justice. In support of his contentions he refers the case of Shamsul Islam (Md.) Vs. Dhirendra Nath ....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......le is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order IX rule 13 In an application under Order IX rule 13 of the Code two questions are primarily to be answered: (a) Whether summons were duly served on the defendant, and (b) Whether the defenda......cient cause from appearing but “ন্যায় বিচারের খাতিরে”।Court cannot exercise inherent power where relief is provided and claimed under a specific provision of law". 5. On the same point he refers the case of Reazul Hoque Molla Vs. Afizullah Molla al..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
....the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ......hat by operation of section 42(4) in the facts and circumstances of the present case, the appeal deemed to have been allowed by the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in:......ourt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J M/S. Golden Match Works Limited, Katirhat, North Kattali, Police Station-Pahartoli, District-Chittagong……………………Petitioner Vs. Customs, Excise and VAT......0.00 upon the petitioner-company under section 37(2) of the VAT Act, 1991 (herein after referred to as Act) for allegedly evading payment of VAT, should not be declared to have been passed without lawful authority and is of no legal effect. 2. Facts leading to issuance of the Rule, in short..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
....4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 437.
......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 437.
......2) 437.
......zzaman, Assistant Attorney-General - For the Respondents.
Writ Petition No. 6460 of 2007 and 6461 of 2007.
Judgment
SM Emdadul Hoque J.- In these Rules, similar facts and common question of law having been involved, those were heard analogously and are being disposed of by this single Judg..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....cedure. . . When there is alternative remedy open to the accused petitioner, the writ is not maintainable………………………(9) Fugitive from justice When the accused petitioner is alleged to have aided and abetted commission of cognizab...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......tioner's involvement in aiding and abetting the principal accused may only be seen by the trial Court when the evidence is placed before it. At that stage the petitioner will have the opportunity to challenge the evidence produced by the prosecution in an application under section 241A of the Co......on Act, 2004 and Rule 15Gha(5) of the Emergency Power Rules, 2007, corresponding to G.R. No.880 of 2007, now pending before the Chief Judicial Magistrate, Barisal should not-be declared to be without lawful authority and of no legal effect. 2. Pending disposal of the Rule, further proceedings o..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....showing the complicity of the petitioner and yet without surrendering before the Court concerned, the petitioner has filed the instant writ petition. He submits that the petitioner is a fugitive from justice and in that view of the matter the writ is not maintainable. 5. In reply the learned Ad......abetted the principal accused. 3. The learned Advocate Mr. Ahsanul Karim appearing on behalf of the petitioner submits that no notice has been issued upon the petitioner under section 26(1) and, accordingly, the further proceedings of this case against the petitioner is not sustainable in law. ...... The Rule is discharged and connected stay order is vacated. Cases Referred To- Anti-Corruption Commission, represented by its Chairman, Dhaka Vs. Shamima Begum, Civil Petition for Leave to Appeal No.1656, 1658-59 of 2008; Anti Corruption Commission Vs. Md. Hasan, Civil Petition for Lea......(2) and 27(1) of the ACC Act, 2004 read with section 109 of the Penal Code, now pending before the Special Judge, Court No.1, Dhaka should not be declared to have been initiated and continued without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of t..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
....are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire.
Ed.
This Case is also Reported in: VII ADC (2010) 1008.
......are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire.
Ed.
This Case is also Reported in: VII ADC (2010) 1008.
......
A.F.M. Mesbahuddin Ahmed, Senior Advocate instructed by Md. Mazibar Rahman, Advocate-on-Record-For Respondent No.5.
Not represented- Respondent Nos.1-4 and 6-9.
Civil Petition for Leave to Appeal No.267 of 2010.
(From the judgment and order dated the 23rd day of November, 2009 pas......ularization of the service of the writ-petitioners and the matter was purely domestic affairs of the University Authority. The learned Advocate further submitted that the High Court Division erred in law and facts and misdirected itself in holding that there has been discrimination in not confirming..
Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
.... ledger of Bangladesh Bank as defaulters which was done illegally. But the Respondent paid no heed to the prayers of the petitioners. Accordingly the petitioners through his lawyer sent a demand of justice notice to the Respondents Nos.3 and 6 but no response was received. Hence they filed the pr......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......the Respondent No.2. Abdur Razzak - For the Respondent No.5 and 6. Writ Petition No.1449 of 2002. Judgment Md. Abu Tariq J.- This Rule nisi was issued calling upon the Respondents to show cause as to why they should not be directed to exempt the petitioners from CIB report of t...... out them name from C/B ledger of Bangladesh Bank as defaulters which was done illegally. But the Respondent paid no heed to the prayers of the petitioners. Accordingly the petitioners through his lawyer sent a demand of justice notice to the Respondents Nos.3 and 6 but no response was received...Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....other cause in the suit and whether such an amendment of the plaint may be considered, the Court held as; All rules of Court are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential that they should be made to serve and be subordinate to that ....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..............Respondents Judgment March 10, 2010. Result: The appeal is dismissed. Amendment of Pleadings In exercising this power the Supreme Court would be reluctant to allow an amendment which would have the effect of totally altering the nature of the suit or of t......e plaintiff and defendant No.1-3 being deed No.6944 for the year of 1993 registered in the office of the Sub-Registrar, Gulshan, Dhaka, stands cancelled and the earnest money paid thereunder has been lawfully forfeited, and direct defendant No.15-6-1993 in his office. Plaintiff also prayed for decla..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... has survived the passage of time. He went on to contend that it is this inviolable concept which was visibly crucified in the instant case, thereby allowing the mortification of the minimum tenet of justice. In support of his contention Mr. Huq cited a plethora of authorities, stemming from the sup......ole theme of natural justice would be mercilessly throttled. He further submitted that charges framed in derogation to the said sacrosanct principle, cannot pass the test of legality and the same is, accordingly, liable to be set at rest. In support of his submission he relied on a decision reported......dhury Advocates - For the Petitioner. Mr. M. A. Aziz Khan, Advocate - For the Respondent No. 4. Writ Petition No.7250 of 2008. Judgment A.H.M. Shamsuddin Choudhury J.- With a view to impugn charges framed by the learned Divisional Special Judge, Dhaka, under Section 242 of the Co...... figure of the Republic’s oldest political party, was not before the learned Court below at the time of the charge hearing because of her ailment. She was only represented by her duly empowered lawyer Ms. Shahara Khatun. The charge was therefore framed in her absence. 7. In impugning the ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.... speech, Mr. Sheikh Fazlee Noor Taposh had it to say that in the light of the attending facts, we should, instead of confining ourselves to the narrow specified terms of the Rule, for the interest of justice, look at a broader horizon, touching upon the question of very legality of the criminal proc......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......wn Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr. L. R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calveley, 1986 Q.B. 424; ......though the Rule in response to instant petition was issued to require the respondents to show cause as to why the impugned decision reproduced above, should not be declared to have been taken without lawful authority, when the Rule was taken up for disposal, the learned Advocates for the Petitioner ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... speech, Mr. Sheikh Fazlee Noor Taposh had it to say that in the light of the attending facts, we should, instead of confining ourselves to the narrow specified terms of the Rule, for the interest of justice, look at a broader horizon, touching upon the question of very legality of the criminal proc......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......gladesh, Bangladesh Secretariate, Secretariate Building, Ramna, Dhaka and others......... Respondents Judgment March 4, 2010. Result: The Rule is made absolute. Case Referred to- R Vs. Lowle 1759; Groenvelt Vs. burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrat......though the Rule in response to instant petition was issued to require the respondents to show cause as to why the impugned decision reproduced above, should not be declared to have been taken without lawful authority, when the Rule was taken up for disposal, the learned Advocates for the Petitioner ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
...... Corruption Commission (ACC) submitted that the provision giving power of delegation in the দূর্নীতি দমন কমিশন আইন, ২০০৪ is found in section 18 and, accordingly, this application is misconceived.
6. Section 18 (1) of the দূর্নীতŕ¦......ruption Commission Rules, 2007; Rule 15 (2)
When a Form is given for the purpose of conveying the sanction, then there cannot be any question of the sanction being mechanical. It is per se bound to be mechanical and in conformity with the format of Form 3……………......ore the Special Judge, Court No.3, Dhaka and the impugned Memo No.C-25/2007 (Tadanta-2)/8386 dated 20.9.2007 issued by respondent No.2 should not be declared to have been initiated and issued without lawful authority and is of no legal effect."
2. Pending disposal of the Rule the proceedin..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
86007909757885978776579876517089790286788132811373394388864188177557829482938061