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Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ...... pointed out, to maintain the first party in possession under the order passed previously under section 145 Cr.P.C. and not to start fresh proceedings under that section. The Magistrate has ample powers under the law to maintain peace and to see that the order made in August 1919 is obeyed. In t......……………Petitioner Vs. Entaj Sheik & others………………………………Opposite parties Judgment May 19, 1983. Result: The Rule is discharged. Cases Referred to- Aran Sardar and ors. Vs. Hara Sundar Majumdar and ors., 27 Calcutta Weekly Note (C.W.N.) at p......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......chment of, any property attached in execution of a decree on the ground that such property is not liable to such attachment the Court shall proceed to investigate the claim or objection with the like power as regards the examination of the claimant or objector, and in all other respects, as if he wa......nstituted between him and respondent No.1 and also for accounts. The plaintiff filed an application for temporary injunction for restraining the defendant from carrying on business using capital and stock in trade and other assets of the suit firm styled as M/S. Arzu Furniture Mart. Plaintiff also p....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ..Category: Procedural Law | Date: | Hits: 146
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......al has begun after investigation upon taking cognizance on police report after investigation and evidence have been taken, and arguments having been heard and concluded there is no provision in law empowering the Special Judge to order the police to make further investigation. If the investigation w......………………Opposite-Party Judgment August 7, 1983. Result: The Rule is made absolute. Lawyers Involved: Formanullah Khan - For the Petitioner. A.P.M. Sahid, Assistant Attorney-General - For the State. Criminal Revision No.114 of 1983. Judgment Sultan Hos......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ..Category: Criminal Law | Date: | Hits: 70
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
.... order for withdrawal of the cases and the detenue accordingly was released from custody. He was carrying on his business peacefully, but his enemies began to adopt various means to harass him due to financial disputes with them. At their instance the police arrested the detenue under section 54 Cr.......District Chittagong from acting in a manner prejudicial to the public safety and maintenance of public order, it is necessary to make an order for his detention. Now, therefore, in exercise of the powers conferred upon me by the Government, I Md. Omar Farooq, District Magistrate, Chittagong am ......s. Secretary, Ministry of Home Affairs & others……………………………………Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Liver Siege Vs. Anderson, 1942 A.C. 206; Nakhudali Vs. M.F. Jayaratne, 1951 A.C. 66; Gholam J......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. ..Category: Criminal Law | Date: | Hits: 78
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......ny person aggrieved can invoke Article for redress. So it is clear that the Administrative Tribunal having been established under Act VII of 1981 pursuant to Article 117 of the Constitution, with all powers to meet the petitioner's grievances, High Court Division should not be over burdened with suc......ust 8, 2011. Result: The Rule is discharged. Administrative Tribunal and its Jurisdiction The Constitution of Bangladesh, 1972 incorporated Article 117 with a non-obstante clause which is to be given full force and effect. Pursuant to the same Administrative Tribunal has been established....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ..Category: Administrative Law | Date: | Hits: 455
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. ......Gazette Notifications mentioned above in respect of the land of plot Nos.15, 35, 36, 41, 57, 79, 84, 117, and 17. The petitioners have instituted the instant writ petition through their constituted power of attorneys, namely – Md. A. Awal and Sudhir Chandra Sharker. On perusal of the power of at...... Md. Jahangir Hossain J Mangal Chandra Sarker and others…………………………….Petitioners Vs. Bangladesh and others………………………….Respondents Judgment October 27, 2011. Result: The Rules in Writ Petition Nos.3210 of 2001, 7012 of 2003, 1973 of 200......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. ..Category: Property Law | Date: | Hits: 89
....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.
......cellation of demand would not be accepted. Then, the petitioner was constrained to obtain the above Rule after sending legal notice demanding justice.
12. Mr. Abu Khaled Ahmed, today filed a fresh power and also a supplementary affidavit.
13. In the supplementary affidavit, it is stated that b......Petitioner
Vs.
Additional Secretary and Member (Appeal and Revision) and others………..Respondents
Judgment
May 15, 2007.
Result:
The Rule is made absolute without any order as to cost.
Lawyers Involved:
Tanjibul Alam with Abu Khaled Al Mamun, Advocates — For the......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.
..
Category: Administrative Law | Date: | Hits: 491
.... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
......sion
(Special Original Jurisdiction)
Present:
Tariq ul Hakim J
Afzal Hossain Ahmed J
Sylhet Pulp & Paper Mills Ltd., Chhatak, District- Sunamganj, represented by its Managing Director……………Petitioner
Vs.
The Chairman, Second Labour Court, Katalganj, Chittagong and ...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
..
Category: Labour and Industrial Law | Date: | Hits: 190
....ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
...... from the members including the petitioner's Central Samity to send their representatives to participate in the said election. Respondent No.4 Registrar of Co‑operative Societies in exercise of his power under Rule 16(1)A of the Co‑operative Societies Rules, 1987 appointed three members Election......Writ Petition No.2123 of 1994.
Judgment
Kazi Ebadul Hoque J. - Rule in Writ Petition No.2122 of 1994 was issued at the instance of the petitioner Jiban Kumar Barman calling upon the respondents to show cause as to why the impugned order dated 15‑11‑94 (Annexure‑H) issued by the responden......ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
..
Category: Election Law | Date: | Hits: 600
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
.... hat. 35. The learned trial Court convicted 5 (five) accused persons out of 17 accuseds on the finding that these convicted accused had quarrel with the deceased Milu regarding hat land as well as financial matter. 36. The learned trial Court has believed some portion of the prosecution case a......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......…………Respondent Judgment July 9, 2007. Result: The appeal is allowed. On burden of proof The cardinal principle of criminal law is that an accused person must be presumed to be innocent unless and until it is established by the prosecution beyond reasonable doubt that th......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..Category: Criminal Law | Date: | Hits: 74
....er did not provide state honorarium/allowance at the rate of Taka 2004/-for 5% disabled freedom fighters at the relevant time. Whether the respondents would enhance the honorarium/allowance and other financial benefits for them, is a matter of policy decision to be taken by the Government and the Tr...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......th observations.
Degree of disability of all injured freedom fighters is determined by a medical test in 2003 that reported the disabled freedom fighters were reclassified in six categories from A to F, wherein the disabled freedom fighters having 1-19% disability were placed in category “F”....... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....om Sonali Bank, Head Office Branch, Dhaka in January, 2005. The accused was not the Managing Director of WT Bangladesh on that date. WT Bangladesh did not authorize theaccused to approach any bank or financial institution to avail such credit facilities. The said credit facilities has not been enjoy...... report under section 173 (1) of the Code has been forwarded to the Magistrate. The sub section (3B) of section 173 does not require any protest petition to be filed as a precondition to exercise the power to order further investigation by the learned Magistrate in respect of the offence alleged to ......ty Judgment March 2, 2010. Result: The rule is discharged. The Code of Criminal Procedure, 1898 (V of 1898); sections 173 and 561A A 'naraji petition' which is not signed by the attorney of the complainant or by the complainant himself cannot be considered as a petition in the ey...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ..Category: Criminal Law | Date: | Hits: 124
.... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
...... news ipso facto is no ground to hold that the news was disclosed by the respondent No.1, the alleged informer. Article 102 of the Constitution confers upon the High Court Division high discretionary power and who intends to have relief under Article 102 shall approach it with undisputed right eithe......hat it has been published without lawful authority and is of no legal effect.
2. The facts relevant for disposal of this petition are: The petitioner, a Private Ltd. Company, was granted a licence to import 4000 MT of rice from Japan. AHM Khorshed Ali, Chairman, Hotel Agrabad, Chittagong expresse...... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
..
Category: Civil Law | Date: | Hits: 119
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. ......he learned Advocate appearing for the petitioner after taking us with the petition, the Annexures and the supplementary-affidavit mainly submits that as per section 179 of the Customs Act, 1969 the power of adjudication of the Cases involving confiscation of goods and imposing of penalty a specifi......s. National Board of Revenue and others………………………Respondents Judgment April 8, 2012. Result: The Rule is disposed ofwith observations and direction. Case Referred to- Ancient Steamship Company Limited Vs. Member (Appeal & Revision) Ministry of Finance, Gov......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....on relying on a decision of this Division holding that provision of section 46 of the Ain, 2003 (hereinafter referred to as Ain) so far it relates to the question of filing of the suit by the Bank or financial institution against the borrower within specified time is directory and not mandatory and ......missed". 11. But when we considers section 46 of Ain we do not find such mandatory implication in case of its non-compliance. Only thing that we have found in sub-section 5 of Section 46 is that a power has been given to Adalat to take action against the bank if the case has not been filed in ter......orted in: 64 DLR (HCD) (2012) 487. ......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ..Category: Civil Law | Date: | Hits: 108
.... 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.
......nd arrived at the concurrent findings on all material points and their decisions do not suffer from any illegality or legal infirmity so as to justify interference by this court exercising revisional power under section 115(1) of the Code of Civil Procedure. Resultantly the Rule has no merit.
34.......he matter directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent, suit or the suit in which such issue has been subsequently raised and has be...... 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.
..
Category: Procedural Law | Date: | Hits: 165
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ......ere 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.…………………………………….(18 & 19) Ca...... February 6, 2008. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The intention of section 151 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 l......ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ...... that in case of breach of section 12 there will be punishment by way of rigorous imprisonment up to 3(three) years or fine of Tk.3,00,000/- or both. But before such sanction can be imposed under the power vested in him the Director General will take action in accordance with the powers given to him......s Association (BELA)...................Petitioner Vs. Bangladesh...................Respondents Judgment March 5, 17, 2009. Result: The rule is disposed of in part. Cases Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, 55 DLR 69. Lawyers Involved: Fida M. Kamal with......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ..Category: Environmental Law | Date: | Hits: 688
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
.... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ......lso on a correct and proper analysis of the legal aspects involved in the case and the findings being a finding of facts are not liable to be disturbed by the High Court Division in exercising of the power under section 115(1) of the Code of Civil Procedure 16. In the case of Akrab Ali and other......………………….Petitioner Vs. Ms. Moslema Khatun……………………………..Opposite party Judgment November 30, 2008. Result: The Rule is discharged. Case Referred to- Akrab Ali and others Vs Zahiruddm Kari and others, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD...... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
..... 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. ......to remove absurdity so as to give effect to the purpose of a legislation. Where literal meaning of the words used in a statute is unambiguous and clearly convey a reasonable meaning, the Court has no power to read into the statute words for conveying a different meaning. The rule of literal construc......m a combined reading of section 2(ga), 2(ta) and section 3 of the Arbitration Act, 2001, it is apparent that the intention of the legislature is that the scope of the Act is limited within the territory of Bangladesh, except that there is a scope to enforce an award passed in a foreign arbitration....... 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
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