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Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
.... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......d for withdrawal from the suit. The learned Subordinate Judge also took note of this aspect of the whole question and allowed the prayer for withdrawal very rightly. 11. Apart from the controlling power under sub-rule (4) whether the court has any power to imÂpose restriction upon the right of o...............................Petitioners Vs. Government of Bangladesh & Others............Opposite Parties Judgment March 23, 1988. Result: The Rule is disposed of. Case Referred to- Baidyanath Nandi and others Vs. Shumma Sundor Nandi and others, 1943 AIR Cal 427. Lawyers ...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..Category: Procedural Law | Date: | Hits: 82
....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
......Âview."
7. At the time of hearing Mr. Shamsul Huq Chowdhury, the learned Advocate appearing on behalf of the petitioner submits that after withdrawal of Martial Law the President can exercise the power which was vested in the CMLA and as such, the President can pass the necessary order for the d......n Ahmed.......................Petitioner
Vs.
The Principal Secretary, President's Secretariat, Dhaka and Others......Respondents
Judgment
November 14, 1989.
Result:
The order passed to review.
Lawyers Involved:
Shamsul Huq Chowdhury with Mahmudul IsÂlam.
Salma Masud Chowd......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
..
Category: Employment/Service Law | Date: | Hits: 209
Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)
....nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ...... IX rule 9 of the Code dismissed for non payment of cost within the time specified, can be set aside and the Original Suit restored on acceptance of subsequent deposit of the said cost in exercise of power under section 151 of the Code. 8. As for myself, I have gone through the contents of the ap........Petitioners Vs. Saonatun Bewa .............................................................Opposite Party Judgment June 25, 2002. Result: The rule is discharged. Case Referred to- Rafiqul Islam and another Vs. Abul Kalam and others, 42 DLR 19. Lawyers Involved: Akra......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ..Category: Procedural Law | Date: | Hits: 94
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
....falsely been implicated in the criminal case on the basis of false, baseless and conÂcocted allegation with a malafide intention to subÂject the petitioner unwarranted harassment, humiliaÂtion and financial loss. It is evident from the petition of complaint itself that the complainant has not men...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......Anam……………………Petitioner Vs. State & another……………………Opposite Parties Judgment February 28, 2010. Result: The Rule is discharged. Cases Referred to- Shamsul Alam Vs. State, 60 DLR 677; Faridul Alam Vs. State, 13 BLC (AD) 61; Manzur Alam Vs. S...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......ner's return in the manner to be determined by the board and refer the returns to the Deputy Commissioner of Taxes for the purpose of audit under sub-section (3) of section 82BB, no authority has the power to initiate any proceeding under the provision of section 82BB (3) or any other provisions of ......another…………………Petitioners Vs. Bangladesh and others…………………Respondents Judgment January 27, 2011. Result: The Rules are made absolute. Cases Referred to- 6 ITR 51; 44 ITR 726; 111 ITR 650. Lawyers Involved: Mosharraf Hossain with Bazlur Ra......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..Category: Fiscal/Taxation Law | Date: | Hits: 167
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....sor Board? We find nothing wrong in granting the certificate by the Film Censor Board. 50. Mrs. Sigma Huda, learned Counsel for respondent No.3, urged upon the Court to award cost for causing huge financial loss and inconvenience to her client for sheer greed of the petitioner Sadia Chowdhury Por...... an impecunious great grand‑daughter of Dewan Hason Raja genuinely felt aggrieved by the filming of the great saint as a sensual, hot‑headed and hot-Âblooded Zamindar who having had vast wealth, power and influence gave vent to his relentless and unrestricted passion and lust for women and unbo...... Sigma Huda, Advocate—For Respondent No.3. Writ Petition No.7677 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon respondent No.1 only i.e. the Chairman, Film Censor Board, to show cause, why the certificate issued by him for release/exhibition of the film ‘Hason Raja’......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445...Category: Civil Law | Date: | Hits: 210
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ...... Prevention of Corruption Act, 1947 and since the offence described in the above provisions of law does not disclose, the question of abatement is not affected. 15. As regards the jurisdiction and power of this Court and section 561A of the Code of Criminal Procedure to quash the proceeding, the ......¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a prima facie case under certain penal provision has been proved against the accu......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..Category: Criminal Law | Date: | Hits: 137
Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
....e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ...... behind wife namely, Shurashi Bala, Nreependra Nath Shaha and Sree Subal Chandra Shaha and the properties of late Gour Gobinda Shaha were given to his wife Shurashi Bala as life estate. So she had no power to transfer the said land nor to making will and the property as claimed as owner by the oppos......€¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Haripada Saha & another……………………..Opposite Parties Judgment August 5, 2009. Result: The rule is made absolute. Cases Referred to- Md. Sekandar Ali Shaikh Vs. Dilip Kumar, 3 MLR (AD) 69; Abid Ali Vs. Maleka Khatoon, 37 DLR 1......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ..Category: Property Law | Date: | Hits: 83
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ...... of the same it appears that the trial Court as well as the lower appellate Court considered the evidence and decreed the suit. 12. It is now a well settled provision of law is that exercising the power conferred under section 115 of the Code of Civil Procedure this Court canÂnot go in to the fa......€¦â€¦â€¦Petitioner Vs. Md. Abdur Rab Khandaker & others………………………Opposite Parties Judgment March 14, 2010. Result: The Rule is made absolute. Cases Referred to- 3 BLD 258; Mamud Raja Bhuiyan Vs. Md. Lal Miah, 40 DLR 271; SN Gupta & Co Vs. Sadananda G......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......er of Cox's Bazar MuniciÂpality with voter No.221373362050 and being a perÂmanent citizen of Bangladesh has preferred this application in public interest contending, inter alia, that in exercise of power as conferred in section 7 of the “à¦à§‹à¦Ÿà¦¾à¦° তালিকা আইন, ২০০৯......……Petitioner Vs. Election Commission and others……………………………Respondents Judgment February 15, 2011. Result: Both the Rules are disposed of. Cases Referred to- Abul Kalam Shamsuddin Vs. Anti-Corruption ComÂmission, 14 MLR (AD) 153; Basic Engineering Li......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..Category: Election Law | Date: | Hits: 217
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......jection the opposite‑parties raised the question of defect of parties in a most casual manner without making any specific averments in that direction. He further submitted that the court has enough power under Order VI rule 17 of the Code of Civil Procedure to allow any party to alter or amend his......t of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......cept in accordance with the provisions of clauses (3) (4) (5) (6) (7) and (8) of the said Articles. Referring to the preamble and Article 7 of the Constitution Mr. Amir‑ul Islam emphasized that all powers belong to the people and the Constitution is the solemn expression of the will of the people,............................Petitioner Vs. Justice Md. Abdur Rouf & others.........................Respondents Judgment July 27, 1995 Result: The Rule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...Category: Constitutional Law | Date: | Hits: 353
....esent petitioner who is defendant No.1 entered appearance in the suit and flied an application under Order 7, rule 10 of the Code of Civil Procedure for return of the plaint as the plaintiff is not a financial institution as contemplated under the Artha Rin Adalat Ain. According to the petitioner th......decision reported in 14 BLD (AD) 196 (Sultana Jute Mills Ltd. and another vs. Agrani Bank and others) wherein it has been held that the Artha Rin Adalat is not a full-fledged Civil Court with all the powers and jurisdiction of a Civil Court. It is a Civil Court of a defined and limited jurisdiction.......€¦â€¦Petitioner
Vs.
Standard Co-operative Credit Society Ltd and another………………Opposite Party
Judgment
May 31, 1998.
Result:
The Rule is made absolute.
Cases Referred to-
Serajuddin Howlader Vs. Pubali Bank Limited, 4 BLT 80; Sonali Bank Vs. Ali Tannery Ltd. and o...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
..
Category: Civil Law | Date: | Hits: 135
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......uiry has been conducted by the Magistrate before taking cognizance. The learned Assistant Attorney-General submits that no preliminary inquiry in this matter is necessary as the Magistrate has been empowered under section 190 of the Code of Criminal Procedure to take cognizance of any offence as has...... Rahman and 2 others…………………….Petitioners Vs. State……………………..Opposite Party Judgment July 25, 1995. Result: The Rule is discharged. Cases Referred to- Abdul Wadud Khandaker Vs. State, 16 DLR 255; Abdur Rashid Vs. State, 43 DLR 279; Qazi Fazlull......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ..Category: Criminal Law | Date: | Hits: 102
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ...... the following passages from International Law in Contemporary Perspective written by Myres Dougal W Michael Reisman from the case of Ramos Vs. Diaz 1498 of the treatise: “The right of a foreign power to demand the extradition of one accused of crime and the correlative duty to surrender him ex......tary-General of Bangladesh Human Rights Commission, seeks from us issuance of a Rule on the Government of the People’s Republic of Bangladesh and other Government functionaries viz, the respondents to show cause as to why handing over of Anup Chetia alias Golap Barua to Indian Government should no...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ..Category: Constitutional Law | Date: | Hits: 421
....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......Court has examined the evidence on record and has, after such examination come to the conclusion that the evidence as it stands is inherently defective. Until this is done, the appellate Court has no power to take additional evidence, nor even if the evidence offered be the evidence of new matter di......pellant
Vs.
Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others…………………Respondents
Judgment
February 23, 1998.
Result:
The appeal is dismissed.
Cases Referred to-
Hajee Majar Ullah Sowdagar Vs. Mvi Nurul Haque & ors, 23 DLR 68; Sree Jitendra Nath Howla......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
..
Category: Property Law | Date: | Hits: 113
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......hman, brought Khondaker Moshtaque Ahmed, one of the Cabinet Members of President Shaikh Mujibur Rahman, and put him in the office of the President of Bangladesh. Khondaker Moshtaque Ahmed assumed the power of the Government as President on 15‑8‑75 and proclaimed Martial Law on 20th August, 1975,.....................................Respondents (In Writ Petition No. 5313 of 1996) Judgment January 28, 1997. Result: The Rules issued in two Writ Petitions are discharged. Cases Referred to- State Vs. Dosso, 11 DLR (SC) 1; TB Co-operative Society Vs. Chief Commissioner of Monipur, AI......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..Category: Criminal Law | Date: | Hits: 202
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......is not genuine. 10. From the contents of the provisions of Rule 15 of Rules 1983 as quoted above the Returning Officer at the time of scrutiny under Rule 15 of the Rules 1983, has not given any power to reject the nomination papers filed by the candidate because of variation of voter number o............Petitioner Vs. Election Commissioner and others.....................................Respondents Judgment February 8, 2003. Result: The Rule is made absolute. Cases Referred to- AFM Shah Alam Vs. Mujibul Huq, 41 DLR (AD) 68; Rafiqul Alam Vs. Mustafa Kamal, 42 DLR (AD) ...... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...Category: Election Law | Date: | Hits: 211
....the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417.......uit and consequently, the learned Subordinate Judge and 2nd Artha Rin Adalat committed no error of law occasioning failure of justice so as to justify interference by this court exercising revisional power under section 115(1) of the Code of Civil Procedure.
10. The learned Advocate for the petit......¦.…..Petitioner
Vs.
Chittagong Steel Mills Limited and another....................Opposite Parties
Judgment
November 27, 2002.
Result:
The Rule is made absolute.
Cases Referred to-
Musammat Umme Kulsum Vs. Shamiyan Rahim and others, 1998 BLD (AD) 13; Hasina Khatoon and anot......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417...
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......d cannot be partially benami partially shwaÂnami.' 17. The learned appellate Court did not commit any error of law and its judgment does not call for any interference by this court exercising the power vested under section 115 of the Code of Civil Procedure. 18. Accordingly, the Rule is disch......€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Md. Majibullah…………………………………….Opposite Party Judgment July 16, 2002. Result: The Rule is discharged. Cases Referred to- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; J......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ..Category: Property Law | Date: | Hits: 103
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