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Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....rt 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. Res......had expressly given protection to the Mayors of City Corporation by excluding it from the expression "statutory public authority" from being disqualified to contest general election but by subsequent amendment of the said Explanation II the legislature has employed prohibition from contesting genera......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. ..Category: Constitutional Law | Date: | Hits: 466
.... in conflict with each other in such a manner as to harmonise them.
(2) The provisions of one Section of a statute cannot be used to defeat the other provisions unless the Court, in spite of its efforts, finds it impossible to effect reconciliation between them.
(3) It has to be borne in mind ...... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
...... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
..
Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....ection 8 thereof, to the extent that they negate the right of the petitioner to be registered as a voter pursuant to Article 122 of the Constitution are repugnant to the said Article 122 and are therefore, unconstitutional and void and the respondents should not be directed to register the petitione......(b) is not less than eighteen years of age; (c) does not stand declared by competent court to be of unsound mind; and (d) is or is deemed to be a resident of that electoral area”. 6. By an amendment made to section 7(1) of the 1982 Ordinance by Ordinance XVIII of 1984 the words “elector......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. ..Category: Constitutional Law | Date: | Hits: 386
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
.... Abdul Khaleque & others……………Respondents Judgment November 23, 2011. Result: The Rules are made absolute. When the defendants have already taken possession, a suit for permanent injunction is not maintainable. The plaintiff is to pray for recovery of possession…...... Court, Dhaka in Title Suit No.181 of 1994 are hereby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......pondents Judgment November 23, 2011. Result: The Rules are made absolute. When the defendants have already taken possession, a suit for permanent injunction is not maintainable. The plaintiff is to pray for recovery of possession………………………………(34) Cases Re..Category: Procedural Law | Date: | Hits: 137
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....r as to costs. Whether the court can direct implementation of the recommendation made by the Sick Industries Rehabilitation Cell? This recommendation is neither a legal instrument having force of law nor a law creating any legal right for the petitioner so as to implement it through a C......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......est remission but did not provide working capital. Consequently, the petitioner failed to recover from its sick position to a healthy unit of industry and sustained heavy loss. Meanwhile, the Bank as plaintiff instituted Artha Rin Case No. 30 of 1991 before the Artha Rin Adalat No. 1. Dhaka (in shor..Category: Constitutional Law | Date: | Hits: 334
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....inal Law Amendment Act, 1958 should be given plain and simple meaning. Requirements of section 6(5) of the said Act is mandatory and a Court or tribunal must obtain prior sanction from the Government for prosecuting a public servant if he continues to be so at the time of taking cognisance irrespect......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......on the Senior Special Judge to take cognisance of the offence as per law. 2. The short fact leading to the issuance of the present Rule is that, the complainant‑petitioner filed a petition of complaint on 24‑8‑92 against accused‑opposite parties Nos.2 and 3 before the Senior Special Judge..Category: Criminal Law | Date: | Hits: 130
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....ow Joint District Judge) in Title Suit No.32 of 1973 should not be set aside. 2. The short facts which have given rise to the Rule are as follows: The plaintiff instituted Title Suit No.32 of 1973 for declaration of title to the suit land described in the schedule of the plaint and recovery of kh......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......980 passed by the learned Subordinate Judge (now Joint District Judge) in Title Suit No.32 of 1973 should not be set aside. 2. The short facts which have given rise to the Rule are as follows: The plaintiff instituted Title Suit No.32 of 1973 for declaration of title to the suit land described in..Category: Procedural Law | Date: | Hits: 111
....wing the appeal and setting aside the judgment and decree dated 23.9.1995 and 30.9.1995 respectively passed by the learned Assistant Judge, Biswanath, Sylhet in Suit No.49 of 1994 dismissing the suit for declaration of title should not be set aside and/or pass such other order or further orders as t...... 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.
......rd.
2. The Rule was issued at the instance of the defendant Sree Sree Moha Parbhu and Sree Sree Gopal Jew Deities represented Sri Anil Chandra Nath Secretary, Executive Committee, calling upon the plaintiff opposite party to show cause as to why the impugned judgment dated 7.8.1997 and 10.8.1997 ..
Category: Property Law | Date: | Hits: 102
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... Shamir Kumar Chowdhury and others………………. Opposite Parties Judgment December 17, 2008. Result: These Rules are discharged without any order as to costs. Specific performance of contract Where a party seeks to enforce specific performance of contract, the Court m...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......sion Nos. 4784, 4739 of 1995 Judgment Surendra Kumar Sinha J - The petitioners obtained these Rules from a judgment of reversal. The predecessor of the petitioners late Md. Ishaq Ali (the plaintiff) instituted Title Suit No. 31 of 1970 on 26th March, 1970 for Specific Performance of Cont..Category: Civil Law | Date: | Hits: 138
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....ent October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law Words and Phrases Waqf Waqf, as meant in the Muslim personal law, is the dedication of property for religious, pious or charitable purposes which by necessary implication is the extinction of th......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......permanently in favour of some of descendants by any means to the total extinction of its basic purpose by way of executing a pattannama. It follows, therefore, that the pattan, if any, taken by the plaintiff's predecessors-in-title did not survive the period prescribed by law let alone creating an..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....ner (In Civil Appeal No.996 of 2001) Vs. Commissioner of Customs and others.........................Respondent (In all the cases) Judgment May 12, 2009. Result: The appeals are therefore allowed. The civil petitions are disposed of. The Value Added Tax Act, 1991 (Act No. 22 o......n, 42 DLR (AD) 167 in which it was held that section 19 of the Customs Act is not subject to the provision of section 30 of the said Act and section 30 will not prevail over section 19, corresponding amendment like 30A above having not been introduced in the VAT Act, 1991, the insertion of secti....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....le, the holder of it gets the ownership of the said cargo carried by a vessel upon which the same was issued by the master of the vessel. Unless the original copy of the bills of lading is produced before the master of the vessel the master in no way is liable to deliver the cargo to any person, els......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......rection given by this Court to the defendant to satisfy this Court that the principal defendant opposite parties are not under obligation to furnish security in order to protect the interest of the plaintiff or to furnish the security, the defendant No.1, the vessel filed application for vacating/..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....agong on 2-11-1986 in other Appeal No.501 of 1984, reversing those dated 17-6-1984 passed by the Munsif, 1st Court, Chittagong, in other Class Suit No.112 of 1980 should not be set-aside. 2. Facts for disposal of the Rule, in short, are that the petitioner Nos.1-5 Late Haji Mohammad Abul Hafez an...... Result: The Rule is discharged. The State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951); s. 75A Since the provision of subletting has already been prohibited by the amendment of law, none can sublet any property and if any agreement is continuing at the time of thi......uit No.112 of 1980 should not be set-aside. 2. Facts for disposal of the Rule, in short, are that the petitioner Nos.1-5 Late Haji Mohammad Abul Hafez and predecessor of the petitioner Nos.6-12 as plaintiffs instituted other Class Suit No.112 of 1980 in the 1st Court of Munsif, (now Assistant Jud..Category: Administrative Law | Date: | Hits: 175
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
.... by, the husband is proved, no evidence can be allowed to show that the child is not the child of the husband. The words "access" and "non-access" mean the existence or non existence of opportunities for sexual intercourse. The access between husband and wife viewed with reference to the result, nam......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......ioner. None appears — For the Opposite Party. Civil Revision No. 3280 of 2006. Judgment SK Sinha J. - Plaintiffs obtained this Rule from a judgment of reversal. 2. Short fact of the plaint case is as follows; Plaintiff-petitioner No.1 and defendant-opposite party No.1 were married ..Category: Family Law | Date: | Hits: 114
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....ase No.149 of 07 arising out of Kotwali P.S Case No.68 dated 30.05.07 corresponding to ACC GR Case No.40 of 2007 in the Court of Metropolitan Sessions Judge at Dhaka. 2. Petitioner is stated to be former Member of Parliament, in short, MP from the Constituency-94, (Narail-2) for the years 2001-20......payment of the customs duty and penalty along 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 ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 246
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....laintiff. M Hafizullah with Md. Al-Amin Sarker and Md. Ohiullah, Advocates — For the Defendants. Admiralty Suit No. 6 of 2002 Judgment Shamim Hasnain J.- This suit arises out of a claim for damages and compensation for a sum of Taka 6,02,37692 against the defendant vessel MV Banglar Ka......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. ......dgment Shamim Hasnain J.- This suit arises out of a claim for damages and compensation for a sum of Taka 6,02,37692 against the defendant vessel MV Banglar Kakoli and others. 2. The case of the plaintiff is as follows: The plaintiff had imported a consignment of machinery, accessories and s..Category: Limitation Law | Date: | Hits: 174
Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)
....……………Respondents Judgment January 31, 2010. Result: All the appeals are allowed. The declaration of the learned judge that the deeds in favour of defendants are product of forgery, collusive and not binding upon the plaintiffs, does not in any way give title to the plaint......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......January 31, 2010. Result: All the appeals are allowed. The declaration of the learned judge that the deeds in favour of defendants are product of forgery, collusive and not binding upon the plaintiffs, does not in any way give title to the plaintiffs, or plaintiffs on the basis of this d..Category: Property Law | Date: | Hits: 80
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....tue must prima-facie be given its ordinary meaning…………………..(41) In absence of any definition or meaning of the words 'any goods' in the law itself the 'Indian currency' or any other 'foreign currency' will not come with the meaning of the words 'any goods' as contemplated in sub-sec......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. ......conferred on the Courts. The Court cannot add words to a statute on said words into it which are not there." 33. From the case of SN Kabir Vs. Fatema Begum, reported in 15 BLC 585, it appears that plaintiff instituted a Title Suit for declaration that he is the owner of the suit property and that..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....d in setting aside the Judgment and order of the Additional Metropolitan Sessions Judge The inherent power of the High Court Division under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ...... petitioner from the allegation of the CR Case No.306 of 1991. 2. The prosecution case, in brief, is that the opposite party No.2, Mohammad Ali, as complainant on 30-03-1991 filed a petition of complaint in the Court of Chief Metropolitan Magistrate, Chittagong against the petitioner alleging, in..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
....diction in between the documentary and oral evidence which was not considered by the Courts below in accordance with law, and the High Court Division has got jurisdiction to interfere in the matter for such non-consideration of evidence and come to a decision on the basis of the materials on recor...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......ase, are heard together and disposed of by this common judgment. 2. Facts relevant for the purpose of disposal of these two Rules are that one Kafiluddin as complainant lodged a petition of complaint on 10.7.79 before the Sub-Divisional Magistrate, Gazipur, alleging that he along with his..Category: Procedural Law | Date: | Hits: 111
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