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Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)

....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in:   ......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in:   ..

Category: Property Law | Date: | Hits: 62

Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......se until such higher authority takes a decision on the matter. 13. The 2nd proviso, in essence, provides that if the appellate authority does not take any decision on an appeal or application for review in respect of any order, decision or action referred to in the 1st proviso within 2 months, t..

Category: Administrative Law | Date: | Hits: 196

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502....... Subrata Chowdhury, Advocate ‑ For the Respondent. Writ Petition No.5 of 1991. Judgment Mainur Reza Chowdhury J.- This is a peti­tion by Khapan Bittahin Co‑operative Society Limited for review of the judgment and order dated 7.5.91 passed by this Court making the Rule absolute Writ Pet..

Category: Civil Law | Date: | Hits: 87

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..

Category: Company Law | Date: | Hits: 235

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....reunder their Lordships declared that section as unconstitutional but in the present case it cannot be declared unconstitutional on that ground as the principle is provided there in Article 2. 45. Judicial decision must of necessity be dependent on the facts and circumstances of a particular case......intainable. 97. Before adverting to the rival contentions it would be convenient to narrate the law which would be relevant in the instant case remembering that in a writ jurisdiction which is for review of administra­tive action as under Article 102 of the Constitution of the People's Republic ..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)

....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..

Category: Civil Law | Date: | Hits: 100

Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)

.... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ......ate Division in Civil Petition No. 1044 (heard analogously with Civil Petition for leave to appeal No. 1045 of 2009) Order Md. Muzammel Hussain J. - For the reasons to be assigned later on, the review petition is disposed of with the modification of the operating portion of the judgment of thi..

Category: Constitutional Law | Date: | Hits: 222

Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......standing the ouster of jurisdiction of the High Court Division by any legislative provision or even under Article 102 itself, the High Court Division is yet entitled to exercise its power of judicial review under Article 102 if the action complained of before the High Court Division is found to be c..

Category: Criminal Law | Date: | Hits: 103

Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)

.... for judicial appointments to be entirely in the hands of a Government Minister (namely the Lord Chancellor). Accord­ingly, the British Government announced its intention to establish an independent Judicial Appointment Commission (JAC) to recom­mend candidates for judicial appointment on a more t......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..

Category: Constitutional Law | Date: | Hits: 228

Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)

....the Appellate Division which is binding on us we are of the view that this applica­tion merits no substance which is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......the Appellate Division which is binding on us we are of the view that this applica­tion merits no substance which is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..

Category: Business or Commercial Law | Date: | Hits: 200

Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)

....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..

Category: Property Law | Date: | Hits: 74

Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)

....ernment of Bangladesh is directed from a judgment of the High Court Division in Writ Petition No.11685 of 2006 directing the Government to place the District Judges, Additional District Judges, Chief Judicial Magistrate and Chief Metropolitan Magistrates in the same table with Chiefs of Staff of the......ning of Article 102 of the Constitution, that the Warrant of Precedence cannot shrug off the disqualification of being arbitrary, irra­tional, whimsical and capricious and is subject to the judicial review, that the members of the judicial service are per­sons in the service of the Republic, that ..

Category: Constitutional Law | Date: | Hits: 441

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..

Category: Procedural Law | Date: | Hits: 76

State Vs. Kazol, 2011, 40 CLC (HCD)

.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 106

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..

Category: Company Law | Date: | Hits: 203

Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)

....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......e suit was numbered as Title suit No.253 of 1988; rejecting the plaintiff petitioner's application under Order 39 rule 7 read with section 151 of the CPC praying for local inspection and a prayer for review of earlier order dated 5.3.90 by which the previous application for local inspection was reje..

Category: Property Law | Date: | Hits: 80

Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)

....ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ......ome of those officers were also consid­ered for promotion and in due course they were promoted to the higher posts. 4. That some 81 employees of the BABC filed an application to the authority for review of the concerned seniority list and its consequential amendment urging to determine the senio..

Category: Employment/Service Law | Date: | Hits: 81

Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)

....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..

Category: Criminal Law | Date: | Hits: 89

Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)

....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ..

Category: Criminal Law | Date: | Hits: 89

Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)

....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ..

Category: Criminal Law | Date: | Hits: 110