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Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ......sion on consideration of the materials on record and on materials on record and on learning the learned advocates of both the sides made the Rule absolute by judgment dated 6-2-2001. 6. The moot question in this case is whether the present petitioner is disqualified to be a Member of Parliament......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)

....r Class Suit No. 1969 are restored. There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 7.  ......rdquo;. Exhibit A is the kabala of June 5, 1940 by which plaintiff and his two brothers are said to have purchased the land of Schedule 2 in the benami of their chosen persons. The trial Court, as to question of possession, on detailed discussion of the evidence of the parties arrived at the finding...... has no relevancy to the question involved in the present appeal. The learned Counsel has also referred to the decision reported in 21 DLR (SC) 365. In the reported decision, in the background of the facts of the case it has been observed; “At best, the relief claimed ‘might be stretched..

Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ......on No.18 of 2000 which arose for not implementing the order of the High Court Division passed on 9-6-1999 in Writ Petition No. 3964 of 1998 by not delivering the vacant. Possession of the property in question to the writ petitioner.   2. The petition of contempt was fi......ecord without allegation of blemish prior to the present incident should have been dealt with more consideration and objectivity. An honest person would prefer dignity more than anything else. In the facts of the present case it has appeared to us that these considerations have suffered a great deal..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....72 to 5277 and 5425 of 2000. Judgment Kazi AT Manowaruddin J.- All these 25 Writ Petitions have been heard together as the points of law involved are exactly the same and the facts are also identical and these shall be disposed of by this common judgment. 2. The petitioners in all the......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ......250 to 5267, 5272 to 5277 and 5425 of 2000. Judgment Kazi AT Manowaruddin J.- All these 25 Writ Petitions have been heard together as the points of law involved are exactly the same and the facts are also identical and these shall be disposed of by this common judgment. 2. The petitio..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).

....sp; The appeal is accordingly, dismissed without costs.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 79.  ......int, whether this Court in revision could competently pass a decree for mandatory injunction in the absence of any prayer made in this regard by the plaintiff. The executing Court is not competent to question the legality or otherwise of the decree and is only required to execute the decree as it is......ee cannot go behind tile decree between the parties or their representatives, if must take the decree according to its tenor and cannot entertain any objection that the decree was incorrect in law or facts. Reference in this regard may be made to the case of Vasuder vs. Rajabdar AIR 1970 SC 1475. In..

Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91

BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)

....sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ......936 as the­ said amount was due upon his retirement.  5. It appears that a general statement that the case is barred under section 25(b) without specifying the reasons supported by facts has been made in the written statement. Facts remain that the petitioner is entitled to the b..

Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78

Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)

....ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......rred by the appellants against the common judgment and order dated 2-11-2000 passed by the High Court Division in Writ Petition 3259 of 2000 and 4169 of 1999 discharging rules. 2. The short facts as stated by the appellants are that for about 20 years the appellants have been plying thei..

Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173

Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).

....ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ......ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ......at the petitioner was responsible for the breach of the contract, that the High Court Division was in error in holding that the petitioner was responsible for breach of the contract although from the facts stated in the writ petition it is found that the respondent No. 1 has not fulfilled the terms ..

Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135

Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)

....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......edure was untenable and an application under section 439 of the Code of Criminal Procedure was competent and application laid under section 498 of the Code of Criminal Procedure might be dismissed on question of maintainability. 10. Law and principles regulating cancellation of bail may be look......nistration of justice may be interfered with by intimidating or suborning of witnesses or holding out threats or interfering with investigation or causing disappearance of evidence. 12. Proof of facts by preponderance of probabilities as in Civil Cases is not foreign to Criminal Jurisdiction. T..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46

Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)

....cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 6.  ......application as not being pressed, heard the application on merit. The High Court Division held that since Artha Rin Adalat Act was a special law and special provision having been provided in the Act, question of entertaining an application under Article 102 of the Constitution against the judgment a......cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 6.  ..

Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......r appeal dated 26-12-93 and their application dated 11-7-94 could not be considered for administrative reasons. It has been stated in the plaint the alleged fixation of valuation of the structures in question by defendant No. 1 is arbitrary and mala fide. The plaintiffs subsequently made repeated re......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).

....aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ......rt Division the petitioners moved this Division and leave was granted in the following terms:   “It is argued on, behalf of the petitioners that there can be no question of abatement but for the combined application of the provision of Order XXII, rules 3 and 4......aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ..

Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106

Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)

....is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision.   The petition is dismissed.   Ed. ......tion No. 3485 of 1996 making the Rule absolute and thereby declaring the order of termination of service of the respondent as illegal and without any lawful authority.   2. The primary question for consideration before us is whether the order of termination of the respondent passed by...... consequently set aside the order of termination. The case of Bangladesh Bank and others vs. Md. Abdul Malek, 46 DLR (AD) 1 cited by the learned Advocate of the petitioner is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported d..

Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84

Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......ld as follows: “In view of the averments made by the contending parties it appears that in order to ascertain whether the deed of gift was acted upon i.e. whether possession of the land in question was delivered to the donee is a material one as because if it is found that the possession ......posite parties to show cause as to why the impugned judgment and order dated 13-5-98 passed by the Assistant Judge, 1st Court Dhaka in Title Suit No.134 of 1998 should not be set aside. 2. Brief facts are that, the petitioner instituted the aforesaid suit praying for a decree of permanent injun..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

State Vs. Babul Hossain, 2000, 29 CLC (HCD)

....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. .......W.8. But it is seen from evidence of P.W.8 at the time of recording the dying declaration of Taslima he did not allow any relation of the victim or any outsider to be present inside the ward. So the question of P.W.4’s being present at the time of recording dying declaration and that hearing the ......tificate as mentioned therein above in the dying declaration (Exhibit 2), which was recorded by P.W. 8, has made the same doubtful one since it cannot be said with certainty or that beyond doubt that facts recorded in the dying declaration was the actual version of the victim. 35. Now there remai..

Category: Women and Children | Date: 4 May, 2000 | Hits: 115

Editor, Banglabazar Patrika and two others Vs. District Magistrate and Deputy Commissioner, Nagaon, 2000, 29 CLC (HCD)

....ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......or the sake of argument if it is taken that the marriage was dissolved, even then there was no legal bar for Sahida to remarry Saiful without an intervening marriage with a third person. The fatwa in question is wrong. 8. After placing the affidavit and annexures thereto on behalf of the interven......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Family Law | Date: 1 Jan, 2000 | Hits: 240

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ...... Applicant. Dabiruddin Ahmed, Deputy Attorney-General-For Re­spondent. Income Tax Reference Application Nos.32/94, 14, 24 and 25 of 1993. Judgment Syed Amirul Islam J.- Common question of law and facts are involved in these refer­ences and as such the applications were hear......iruddin Ahmed, Deputy Attorney-General-For Re­spondent. Income Tax Reference Application Nos.32/94, 14, 24 and 25 of 1993. Judgment Syed Amirul Islam J.- Common question of law and facts are involved in these refer­ences and as such the applications were heard together and are b..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)

.... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ...... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ......he proceeding of the Special Tribunal Case No.22 of 1994 arising out of Miscellaneous Case No. 345 of 1994 pending in the court of Special Tribunal No.1 Panchagarh, should not be quashed. 2. The facts of the case, in brief, are that the accused-petitioner is a friend of the complainant and used..

Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151.......s not engaged in any business to earn profit, nor as it is not rendering any service to earn profit and that the persons employed by the Samity for obtaining its aims and objects being not worker the question of forming trade Union does not come, as such certificate of registration that has been iss......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151...

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

Prativa Rani Dey Tirtha Vs. Dr. Mohammad Yousuf, Chittagong Medical College & Others, 1999, 28 CLC (AD)

.... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 8. ......of the Code and section 10(4) of the Act were required to be kept in view, which was not done by the Divisional Special Judge and the High Court Division was not near this point of law which raised a question of public importance. On the aforesaid ground leave was granted. 4. The informant on ...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 8. ..

Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94