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Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......bmitted the report to the Chief Metropolitan Magistrate, Chittagong stating that for recovery of arms suspected to be in the possession of the detenue interrogation was necessary and accordingly made prayer for remanding the detenue to police custody for 5 days. The learned Chief Metropolitan Magist..

Category: Criminal Law | Date: | Hits: 78

Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....s from the places wherein their homesteads are situat­ed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ...... the respondents in all the writ petitions, perused the writ petitions, affidavits-in-opposition, affidavits-in-reply and other materials on record. 18. It appears from the rule issuing order and prayer portion of the Writ Petition No.3210 of 2001 that the petitioners have challenged the Gazette..

Category: Property Law | Date: | Hits: 89

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

....cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ......ter dated 16-3-91. 10. On 19-1-94 and 1-8-94 when the appeal was fixed for hearing, the petitioner applied for adjournment on the ground of health reason but the appellate authority disallowed the prayer and dismissed the appeal. On 29-10-94 the petitioner received a letter which was prepared on ..

Category: Administrative Law | Date: | Hits: 491

Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)

....r section 561A of the Code of Criminal Procedure as the accused petitioner still has an opportunity to invoke the provisions under section 241A of the Code of Criminal Procedure which provides for an alternative remedy. 11. Here it may be mentioned that freedom of press has been guaranteed under ......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ..

Category: Criminal Law | Date: | Hits: 81

Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)

....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ...... received the report of O.C. Mirsarai P.S. dated 16.6.77 for adding Special Powers Act in the charge sheet of this case and after hearing the pro­secution the Sub-Divisional Magistrate allow­ed the prayer. After completing further inves­tigation Police submitted a report and the Sub-Divisional Ma..

Category: Criminal Law | Date: | Hits: 103

Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)

....t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ......stoms Act, 1969 read with section 3(1) of the Import Export Act, 1950 and section 8(1) of the Foreign Exchange Regulation Act, 1947 (Annexure-D and D-1). 4. On 28-2-2001 the petitioner submitted a prayer before the respondent No.2, Commissioner of Customs, Dhaka against the said illegal confiscaÂ..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......and expert against others. 4. The decree holder bank then put the decree in execution in Artha Rin Execution Case No. 28 of 2005. As the mortgaged property was delivered into the river, so, on the prayer of the decree holder bank, the adalat by the order dated 13-11-2005 issued warrant of arrest ..

Category: Civil Law | Date: | Hits: 93

Abdul Mukit alias Mukim and others Vs. Additional Deputy Commissioner (Rev.) Moulvibazar and others, 2007, 36 CLC (HCD)

.... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 13. ...... basis of the deed of exchange dated 30.08.1963 registered in India. It is admitted that the said exchange deed has not been regularized by the competent authority in Bangladesh under law, rather the prayer for such authentication submitted by the plaintiffs had already been rejected by the authoris..

Category: Procedural Law | Date: | Hits: 165

Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)

....1 of the Code of Civil Procedure is to do justice where is there is no specific provision of law. Where there is specific provision of law, one can not get relief under section 151 of the Code. If an alternative remedy is available in the stature, the inherent power of this sort cannot be invoked.â€......rule 1 of the Code of Civil Procedure) allowing an application made under section 151 of the Code of Civil proce­dure and setting aside the order dated 04.07.2001 passed by the said court allowing a prayer under Order 47 Rule 1 of the Code of Civil Procedure in setting aside his own judg­ment and-..

Category: Procedural Law | Date: | Hits: 162

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)

....lear to us that all the shipbreaking yards with­in Bangladesh are operating without any clearance certificate and are, therefore, oper­ating illegally. 64. In the above circumstances, we have no alternative but to direct that the Department of Environment take immediate steps to ensure closure ......8 by which the NOC had been can­celled. Accordingly, the office of the Attorney General filed an affidavit expressing to the Court that the government had decided to withdraw the cancellation with a prayer that the Rule may be disposed of. By order dated 10.09.2008 the Rule in Writ Petition No.6262..

Category: Environmental Law | Date: | Hits: 688

STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)

....t if the petitioner failed to get any interim order of injunction, and in the event of disposal of the property, the arbitration itself will become fruitless and of no use and the very purpose of the alternative dispute resolution will be frustrated. Since there is a provision for interim injunction....... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..

Category: Alternative Dispute Resolution | Date: | Hits: 506

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......t appears from the plain­tiff and also the deposition of the P.W.1 that the plaintiff did not serve any notice upon the defendant mentioning specific place, time and date rather the defendant made a prayer for four weeks time to release the goods after part-payment. He also deposited some reasonabl..

Category: Civil Law | Date: | Hits: 106

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

.... brothers have been brutally murdered in brought day light in between 11-11/30 A.M. and 5 accused-persons have been awarded capital punishment, as such, either in confirming their sentences or in the alternative, the depositions of the witnesses and other materials on record should be look into very...... there is no name in the dairy who identified them and who produced them. After 3 days of anticipatory bail of Abul Kalam he arrested Abul Kalam under Section 54 of the Code of Criminal Procedure and prayer for detention was made. He denied the suggestion that he having been inspired by conspirators..

Category: Criminal Law | Date: | Hits: 89

S.M. Ahsan Kabir Vs. Election Appellate Tribunal (Upazilla Election Parishad) and others, 2010, 39 CLC (HCD)

....ever, without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 289. ......l of the Election Case and not against any interlocutory order passed by the Election Tribunal. He next submits the order dated 22.7.2009 passed by the Election Tribunal, respondent No.2 allowing the prayer of the respondent No.4 calling for the documents/papers, being an interlocutory order the Ele..

Category: Election Law | Date: | Hits: 600

Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)

....to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......ion of the mortgaged property and certificate as per provision of Section 33 of the Artha Rin Adalat Ain, 2003. The learned Joint District judge by the impugned order dated 26.2.2008 allowed the said prayer and directed to issue certificate accordingly. Then the petitioner moved this Court and obtai..

Category: Civil Law | Date: | Hits: 174

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

.... the offence……………………………………(39) Circumstantial evidence In the absence of any direct evidence to prove the charge under section 304 part-1 of the Penal Code, the only alternative available to the prosecution to sustain the charge is to depend on circumstantial eviden...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..

Category: Criminal Law | Date: | Hits: 84

State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)

....or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......€‘opposite‑party Abdul Momin Sarder. In view of the same by order dated 25‑2‑98 the Rule was fixed for hearing on 9‑3‑98 in presence of the learned Advocate for the opposite‑party. On his prayer the Rule was adjourned and on the prayer of his junior also the Rule was again adjourned and ..

Category: Criminal Law | Date: | Hits: 87

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....me i.e. prior to 28‑4‑1998, the government did not receive any application from any foreign party showing interest for setting up of container terminals at Patenga and hence the government had no alternative but to consider the unsolicited offer of the respondent No. 8 and in support of his cont......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ...... against an order dated 30.09.2001 passed by or on behalf of respondent No.1, the National Board of Revenue, in short, the Board, in Nothi No.3(115)/Ka:Ma:Pra:/2000/475, which refused to consider the prayer for waiver from payment of the requisite tax for want of authority under section 158(2) of th..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 405. ......uit filed by the plaintiff was not maintainable as the plaintiff was a worker and had remedy before the Labour Court and the suit is hit by section 42 of the Specific Relief Act in the absence of any prayer for consequential relief. In support to his contention the learned Advocate has referred a de..

Category: Employment/Service Law | Date: | Hits: 166