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....pecial Original Jurisdiction)
Present:
SAN Mominur Rahman J
Md. Arayes Uddin J
Engineer Mahmudul Islam and others..............Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule......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.
......ublic interest and if any action of the government official is challenged, the challenger is required to prove such allegations………………………….(18)
The State property may be in the form of legal right and in the nature of privilege. The government largesse known as privileges is n......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. ......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. ......ct. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....or the respondent No.2. Writ Petition No.5979 of 2005. Judgment Sheikh Abdul Awal J.- This Rule was issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon to show cause as to why the impugned Order No.65 dated 02.07.2005 passed by ......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ...... i.e. the Artha Rin Adalat Ain, 2003 about the fate of the execution case if it does not conclude within 90+60=150 days, the provision of section 37(1) of the Ain, 2003 so far it relates to timeframe for disposal of the execution case is directory and not at all mandatory.……………………..(......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..Category: Civil Law | Date: | Hits: 136
....d in: 13 MLR (HCD) (2008) 405.
......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.
......propriety of the order or action complained of. Civil Courts always can assume jurisdiction to consider the mala fide action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because of negative declaration has been sought that can be no ground to......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.
..
Category: Employment/Service Law | Date: | Hits: 166
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......e learned Advocate for the opposite party, on the other hand, submits that the complainants filed the case under section 138 of the Negotiable Instruments act and not by the provision of Co-operative Society Act, that the accused petitioner did not repay any loan money against the amount of cheque; ......uashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 70
....he Appellate Division Judgment here.
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Syed Mahmud Hossain J
ATM Fazle Kabir J
Human Rights and Peace for Bangladesh and others…………………….Petitioners
Vs.
Government of Bangladesh and oth...... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......ad the Appellate Division Judgment here.
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Syed Mahmud Hossain J
ATM Fazle Kabir J
Human Rights and Peace for Bangladesh and others…………………….Petitioners
Vs.
Government of Bangladesh and...... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
..
Category: Environmental Law | Date: | Hits: 731
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....ndant No.4 in connivance with the employees of the vested cell includes ‘ga’ schedule land in VP Case No. 31/79-80 as enemy property. Plaintiff did not know about all these facts as he was not in Bangladesh. While he came in Bangladesh from abroad, he was advised, by the revenue employee to file......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......e by adverse possession as title by adverse possesÂsion is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase. . . The limitation for getting title by adverse possession against Government is 60 years uninterrupted possession….â......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......dha in Sessions Case No.42 of 1992 arising out of Shailakupa PS Case 12 dated 15‑4‑1992 and GR 41 of 1992. 2. Prosecution case at the trial, in brief, was that deceased Jamiruddin brother of informant Golam Mostafa, went to bed in newly constructed ghar in their house in the occurrence night ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ..Category: Criminal Law | Date: | Hits: 93
....nally, reputed Pre-shipment Inspection, Agencies engaged in the business of pre-shipment inspection of goods exported from different countries and they were duly approved as such by the Government of Bangladesh. The petitioners have their branches and operations in more than 100 countries worldÂ-wi......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......titioner No.2 is the local representative of the petitioner No.1 in all the Writ Petitions. The Government of Bangladesh invited tenders from internationally reputed Pre-shipment Inspection Companies for the purpose of mandatory Pre-shipment Inspection at the initial stage. Pursuant to the said tend......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....rt Division
(Civil)
Present:
AK Badrul Huq J
Tabibullah being dead his legal heirs Fatima Begum and others…………………Petitioners
Vs.
Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Bangladesh-Secret......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......f 1984 in First Court of the then Munsif, Dhaka impleading Government of The People's Republic of Bangladesh represented by Secretary, Ministry of Works and Urban Development and others as defendants for declaration that the notice contained in Memo No.1107 dated 30.10.1984 issued by Sub-Divisional ......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
..
Category: Property Law | Date: | Hits: 82
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ...... the Court trying the suit. A mere denial by a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory suit for title and a suit for possession, as the jurisdiction of a Civil Court in case of a Partition Sui......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ..Category: Procedural Law | Date: | Hits: 115
....009) 728.
......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......cial Original Jurisdiction)
Present:
Md. Imman Ali J
Md. Ashfaqul Islam J
Mahbubul Alam (Md.)………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents
Judgment
January 21, 2009.
Result:
The Rul......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
..
Category: Administrative Law | Date: | Hits: 494
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......ecord, analysis of fact and circumstance of the case, inherent infirmities disturbing and striking facts of prosecution case are also required to be taken into consideration. Rival contentions surged forward from both sides shall be also addressed and considered by the court……………………â......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ..Category: Criminal Law | Date: | Hits: 74
....sent:
Md. Imman Ali J
Md. Emdadul Huq J
Abdul Kader Bhuiyan and 17 others ………………………Petitioners
Vs.
Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others …………………………..Respondents
Judgment
June 4, 2008.
Re...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
......there remains no right in the petitioner to get back the land acquired. Property validly acquired and vested in the requiring body cannot be claimed by the original owner even if the property is used for a purpose different from the purpose of the original acquisition. [Bangladesh Vs. Samondra Naray...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....ivision (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. Result:......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. ......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......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
.....Petitioner (In Writ Petition No.1669 of 2009)
Metropolitan Chamber of Commerce and Industry, Dhaka………………………Petitioner(In Writ Petition No. 2386 of 2009)
Vs.
Government of Bangladesh and others…………………………Respondents
Judgment
November 24, 2009.
...... 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.
...... 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.
..
Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
.... (1998) 58. ......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. ......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......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
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
.... Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......th Md. SR Khoshnabish, Advocates-For the Respondent. First Appeal No.597 of 1999 with Miscellaneous Appeal No.289 of 1999. Judgment Gour Gopal Saha J.-These two appeals are taken up together for disposal by a single judgment as the matters involved in the 2 appeals are interÂmingled. 2.......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
.... Mr. Chowdhury that the provisions of Family Courts Ordinance is applicable only to the Muslims. Though in section 1(2) of the said Ordinance it has been mentioned that this law will extend to entire Bangladesh, according to Mr. Chowdhury Section 5 of the Ordinance has put a limit to the jurisdictio...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......petitioner sent the opposite party No.1 to her father’s house and he never maintained her or her child. In the meantime the present petitioner at the instance of the opposite party Nos. 2-4 married for the second time and refused to maintain the opposite party No.1 or her child. With that allegati...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
.... a post mortem examination is required to be used as evidence, and the Civil surgeon or other medical officer who made the report is dead or is incapable of giving evidence or is beyond the limits of Bangladesh and his attendance cannot be procured without an amount of delay, expense or inconvenienc......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......rtionate to the gravity of generic offence, The Penal Code recognizes three degrees of culpable homicide. The first is what may be called "culpable homicide of the first degree". This is the greatest form of culpable homicide punishable under section 302 of Penal Code. The second may be termed as "c......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..Category: Criminal Law | Date: | Hits: 98
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