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Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ...... for so declining to interfere is because by so doing it would involve itself into a field of investigation which is more appropriate for a tribunal rather than for a Court exercising the prerogative power. The fact, therefore, that alternative remedy is provided by law would not only upon the above......- For the Petitioner. Md. Jainul Abedin, Advocate - For Respondent No.6. Writ Petition No. 4140 of 1992. Judgment M M Ruhul Amin J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Gazette Notification dated 18-11-92 declaring the respondent No......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ..Category: Election Law | Date: | Hits: 154
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....on 1st May, 2003 and if the language of section 47 of the Ain, 2003 which came into effect on 1st May, 2004 is carefully gone into it will appear that limitation to claim interest against a debtor by financial institution like the plaintiff-bank exceedÂing 200% over the actual loan has been imposed......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is disÂmissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......tazuddin Ahmed J Md. Shamsul Huda J Humayun Hossain Khan.............................Appellant Vs. Bangladesh & others………………………………….Respondent Judgment October 20, 2011. Result: This appeal is disÂmissed. Lawyers Involved: M Amir-ul Islam, S......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is disÂmissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..Category: Civil Law | Date: | Hits: 138
....
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......t was satisfied after examination that the signatures and the impressions appearing in Ext. 1 were those of the defendants or not. It appears from the judgment that the defendants had earlier filed a power of attorney (Ext. 2) on 15.5.84 before the 6th Court Assistant Judge, Dhaka wherein the power ......
Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others ..........................Opposite Parties
Judgment
May 2, 1994.
Result:
The Rule is discharged.
Cases Referred to-
Ali Ekabbar Farazi Vs. Government of Bangladesh, 26 DLR 394; Shyamapada Singha and others Vs.......
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
..
Category: Property Law | Date: | Hits: 78
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57....... increased from Taka 24,000/ to Taka 26,000/ and re-fixed the sales tax @ 20% by issuing SRO No. 193 dated 15.6.89 and SRO No.188 dated 15.6.89 in supersession of the previous SROs in exercise of the power vested in it under section 25(7) of the Customs Act, 1969 and under section 4(1) of the Sales ......s also Reported in: 47 DLR (HCD) (1995) 57....... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57...Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port AuthoÂrity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....idders made some suggestions for amending releÂvant paragraphs and pages of the tender documents. Ananda Shipyard & Slipways Ltd. became the lowÂest and responsive bidders in both technical and financial offer. On 18-10-2004 work order was issued and a contract agreement was executed and signe...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......agong Port AuthoÂrity.............Appellant Vs. Ananda Shipyard and Slipways Ltd.............Respondent Judgment December 14, 2010. Result: The appeal is allowed. Cases Referred to- Associated Engineering Co Vs. Government of Andhra Pradesh, AIR (SC) 232; Hyundai Corporation...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......t March 11, 2010. Result: The rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 540 The Evidence Act, 1872 (I of 1872); section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the procee......rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 540 The Evidence Act, 1872 (I of 1872); section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such a witness ......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ..Category: Criminal Law | Date: | Hits: 97
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......n. As the appeal lies to the Appellate Tribunal we hold that the petitioner has got alternative and efficacious remedy provided by the Act itself and we are not inclined to exercise our discretionary power. Under Article 102 High Court Division is to exercise its extraordinary discretionary jurisdic......udgment AM Mahmudur Rahman J.- This is an application under Article 102 of the Constitution impugning the order dated 21‑5‑1998 of the Review Committee constituted under section 193C of the Customs Act, 1969. 2. The petitioner imported vegetable tanning extracts under HS Code No. 320.90 fr......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458...Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......aint case No.179 of 1987 to further hams the Petitioners at Narayanganj by misusing his official Position at his station of posting. 3. After service of the Rule though Mr. SB Barua Advocate filed power on behalf of the complainant opposite party No.2 but he did not appear to contest the Rule. So......€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment July 2, 1998. Result: The Rule is made absolute. Lawyers Involved: AK Mujibur Rahman, Advocate ‑ For the Petitioners. MA Rouf, Assistant Attorney‑General ‑ For the State. Criminal Revision No. 355 of 1988. Judgment Kazi Ebadul......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ..Category: Criminal Law | Date: | Hits: 75
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
....ned Assistant Judge passed the impugned order for returning the plaint to the filing Advocate without finding that the suit was filed wrongly before him and he had no jurisdiction either pecuniary or financial, to entertain and try the same and, as such, it was being returned to the filing Advocate ...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451....... J Didar Ali and others………………Petitioners Vs. Naziur Rahman………………Opposite Party Judgment May 4, 1998. Result: The Rule is made absolute. Cases Referred to- Sold Bibi Vs. Amiran Nessa and others, 5 BLT 117; Rahmat Ali Vs. Banares Silk Industries and ...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451...Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....irmed. 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: 62 DLR (HCD) (2010) 430. ......nd also on a correct and proper analysis of the legal aspects involved in the case and the findings being findings of fact are not liable to be disturbed by the High Court Division in exercise of the power under section 115(1) of the Code of Civil Procedure. 20. In the case of Akrab Ali Vs. Zahir......€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Rahima Begum and others...........................Opposite Parties Judgment December 18, 2008. Result: The Rule is discharged Cases Referred to- Laxmi Kanta Roy Vs. Upazila Nirbahi Officer, 46 DLR 136; Nittya Gopal Roy Barman Vs. Pran Gop......irmed. 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: 62 DLR (HCD) (2010) 430. ..Category: Property Law | Date: | Hits: 98
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......titioner Vs. Shamsun Nahar Begum and another………………………………………Opposite Party Judgment January 9, 1995. Result: The Rule is disposed of. Cases Referred to- Aga Mahomed Jaffer Bindanim Vs. Koolsoom Beebee and others, ILR 25 Cal 9; Mst. Rashida Begum ...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ..Category: Family Law | Date: | Hits: 528
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....staining without leave or authority from the Parliament yet they are illegally drawing salary, allowances, car facility, telephone facility and other facilities as allowed to them and thereby causing financial loss to the people and to the Republic of Bangladesh. Respondent Nos. 3‑5 made statement......r recording that Rule has become infructuous, it is stated by respondent No. 3 that the direction so issued in terms of the Rule by this Court is not tenable as it would interfere with the functions, powers, privilege and jurisdiction of the Parliament. It is further stated that "if the prayer made ......…………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment December 11, 1994. Result: The writ of quo warranto is allowed. Cases Referred to- Bradlaugh Vs. Goasett, 12 QBD 273; Fazlul Kader Chowdhury Vs...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
.... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405.......n for nomination of the members was denied by affidavit-in-opposition giving rise to a disputed question of fact. Where a disputed question of fact arises the High Court Division shall not invoke its power conferred by Article 102 of the Constitution. Effective alternative remedy is also a ground fo...... Petitioner. Shafique Ahmed, Advocate - For the Respondents. Writ Petition No. 864 of 1997. Judgment AM Mahmudur Rahman J. - The petitioner obtained this Rule calling upon the respondents to show cause as to why resolution dated 12-11-96 constituting Selection Boards for recommending app...... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405...Category: Employment/Service Law | Date: | Hits: 228
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....on to commit such criminal breach of trust in respect of the property which was held in his domain, rather it shows his bona fide intention to help one of the customers of the Bank in tiding over his financial difficulties. 26. From the above discussion we find no ingredients of section 409 of th......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......ohiuddin………………Appellant Judgment May 7, 1996. Result: The appeal is allowed. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Appellant. SA Hasan, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.2257 of 1994. Judgment Syed JR Mudas......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ..Category: Criminal Law | Date: | Hits: 99
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......to non-joinder of necessary parties and an application was filed for amendment of the Election petition under the provision of the Code of Civil Procedure. The Indian Supreme Court has held that such power of amendment is not available to the Election Tribunal and the petition was rightly dismissed ......ate Md. Abdul Hamid……………Petitioner Vs. Md. Fazlur Rahman………………Opposite Party Judgment November 19, 1997. Result: The application is rejected. Cases Referred to- Mohan Raj Vs. Surendra Kumar Taparia and Others, AIR 1969 (SC) 677; Udhay Singh Vs. Madhav Ra......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ..Category: Election Law | Date: | Hits: 247
Government of BanglaÂdesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......rs, was whether there is any ground for saying that the Home Secretary did not observe the precepts of natural justice. Lord Denning MR agreed that (Page-170 CD):— "Where a public officer has power to deprive a person of his liberty or his property, the general principle is that it is not to...... Vs. Jahangir Alam & others………………….....Respondents (In Civil Appeal No. 44 of 2010) Judgment February 2, 2011. Result: The appeals are dismissed. Cases Referred to- Schmidt Vs. Secretary of State for Home Affairs (1969) 2 Ch 149; O'Reilly Vs. Mackman (1983)2......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ..Category: Employment/Service Law | Date: | Hits: 208
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......ave remanded back the suit to the trial Court for decision on merit and the lower appellate Court erred in deciding the suit on merit is untenable in that the Court of appeal is clothed with the same power as that of the Court of first instance. The Court of appeal is quite competent to decide an ap......No.1. Defendant No.1 and plaintiff No.2 were issueless. The plaintiff No.1 was taken as a foster son by the plaintiff No.2 and defendant No.1 and he was married by them, the plaintiff No.1 was living together in the same house with his foster parent. Plaintiff No.2 Sultan Ahmed due to his illness lo......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ..Category: Property Law | Date: | Hits: 86
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91.......the Companies Act, 1994 lays down mandatory provisions regarding transfer of shares and sub-section (7) of section 38 of that Act provides that nothing in this section of that Act shall prejudice any power of the company under its Articles to refuse the transfer of any share. Ultimately, the petitio......ank Ltd.......................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment May 28, 2009. Result: The Rule is discharged. Cases Referred to- Ghulam Zamin Vs. AB Khondkar, 16 DLR 486. Lawyers Involved: Syed Mahmudul Ahsan, Advoca...... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91...Category: Business or Commercial Law | Date: | Hits: 237
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... of the persons composing that assembly is – First.- To overawe by criminal force. Or show of criminal force, the [Government or legislature], or any public servant in the exercise of the lawful power or such public servant; or Second. – To resist the execution of any law, or of any legal ......t November 23 & 28, 2011. Result: The Death Reference is rejected. The Jail Appeal is dismissed. Criminal Appeal is dismissed. Lawyers Involved: Md. Jahangir Alam , Deputy Attorney General, Md. Ensanuddin Sheikh and Md. Nurul Islam Matubbor, Assistant Attorneys General - Fo...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 104
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
.... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ...... judicial principles set aside the ex parte order of dismissal of the suit on assigning cogent reasons and the same has occasioned no failure of justice and, as such, this Court exercising revisional power under section 115(1) of the Code of Civil Procedure cannot interfere with the impugned order. ......er………………………Petitioner Vs. Matilal Dhupi and others.......................Opposite Parties Judgment March 25, 1998. Result: The Rule is discharged. Case Referred to- Rafiqul Islam and another Vs. Abul Kalam and ors, 42 DLR 19. Lawyers Involved: Golam Mo...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..Category: Procedural Law | Date: | Hits: 87
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