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Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......frained from making any fresh submission in support of his opposition to the Rule. 4. By order dated 4-5-98 District Magistrate, Chittagong detained the detenu Suranjit Barua (Labu) in exercise of power under section 3(2) of the Special Powers Act, 1974 for 30 days from the date of service of the...... Pranajit Barua…………………Petitioner Vs. State and another……………………Respondents Judgment June 25, 1998. Result: The Rule is made absolute. Cases Referred to- Ranabir Pal Singh Vs. Emperor, AIR 1949 Bombay 161; Md. Anowar Vs. Crown, PLD 1955 Lahore 585......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ..Category: Criminal Law | Date: | Hits: 72
Abdul Momen and others Vs. Dhaka City Corporation & others, 1997, 26 CLC (HCD)
....For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ......aken in the public interest. The petitioners who are businessmen have no fundamental right to stop such construction on the plea of business loss. Business is no ground for invoking the extraordinary power under Article 102 of the Constitution. We are afraid that such right can be pleaded for obtain......der Article 102 of the Constitution at the instance of the petitioners. The petitioners are businessmen. They have shops at Aziza Bhaban Market, which is facing the footpath of Hatkhola road adjacent to Hotel Illishiam. The petitioner invested huge amount of money for payment of salami for taking le......For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ..Category: Civil Law | Date: | Hits: 117
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....cognizance; (3) that the issuance of warrant of arrest instead of summons against the accused without showing reasonable ground was contrary to law for which accused persons have faced harassment and financial loss and that has occasioned failure of justice and (4) that those irregularities are not ......zance and such grounds were not taken by the accused persons in their revisional applications or application for considering additional grounds. He further submitted that requirement of delegation of powers and functions of the SEC by a gazette notification as mentioned in section 28 of the Ordinanc......……………Accused Vs. Security Exchange Commission……………………………Complainant Judgment December 9, 1997. Result: The References are rejected. Cases Referred to- Khoreshed Alam Vs. State, 27 DLR 111; Abdul Ali Vs. State, 30 DLR (SC) 58; Dost Mohammad Vs. ......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..Category: Business or Commercial Law | Date: | Hits: 219
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is alloÂwed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......1969) 21 DLR (SC) and (1973) 25 DLR (SC). 7. It is unfortunate that the High Court Division considered the provision of the Ordinance III of 1959. That Ordinance was provided for the constitution, power and procedure of the Committee appointed to scrutinise the conduct of certain persons. That Or......i J Bangladesh……………………Appellant Vs. Dr. Nasiruddin………………………Respondent Judgment March 21, 1983. Result: The appeal is allowed. Cases Referred to- Amir Hossain's case, PLD 1963 (SC) 185; Zafrul Ahmed’s case, 12 DLR (SC) 921; Murzuqullah, ......this appeal is alloÂwed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ..Category: Employment/Service Law | Date: | Hits: 196
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......are taken and accepted as true do not constiÂtute any offence and therefore further continuation of the case is a sheer abuse of the process of the Court, to prevent which is exercising the inherent power of this Court under section 561A of the Code of Criminal Procedure the case should be quashed.......M Fazlur Rahman J ANM Bashirullah J Nasiruddin Ahmed Pintu (Md.)…………………………..Accused-Petitioner Vs. State………………………….Opposite Party Judgment October 28, 2010. Result: The Rule is discharged. Cases Referred to- RS Nayak Vs. AR Autul......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214...Category: Criminal Law | Date: | Hits: 230
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......eport's being substance the same, regÂistering the first information report in the instant case and submission of a charge sheet while earlier cases are under investigation is unlawful. The sweeping power of investigation does not warrant subjecting a citizen each time to a separate investiÂgation......ossain and others.......................Accused Petitioners Vs. State......................Opposite Party Judgment May 25, 2010. Result: The rule is made absolute. Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs. State, 2 BCR 292, (Para-II); 6 ......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......For the Petitioner. B Hossain, Advocate - For the Respondents. Writ Petition No.760 of 1995. Judgment Syed JR Mudassir Husain J. - This Rule Nishi was issued calling upon the respondents to show cause as to why the impugned order dated 1-4-1995 as contained in Annexure-I to the petition......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390...Category: Employment/Service Law | Date: | Hits: 184
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......en stated therein that in pursuance of a notice in any form issued thereunder at any time before 30th October, 1988 the Government may take over possession of any abandoned property or building. This power of issuing this type of notice in any form gives arbitrary power to the Government and hence i......
The Rule in Writ Petition No.4893 of 1996 is discharged.
The Rule in Writ Petition No.79 of 1997 is discharged.
The Rule in Writ Petition No.1472 of 1996 is made absolute.
Cases Referred to-
Government of Bangladesh Vs. Dr. Nurul Islam, 33 DLR (AD) 201; Jibendra Kishore Acharyya Chow....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
..
Category: Property Law | Date: | Hits: 150
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......nment has withdrawn the case in respect of the said two accused persons, vide Memo No.3497(2) Judl. dated 10.12.80. The complainant Mahmuda Begum opposed the prayer. One Hemayet Hossain appeared by a power and filed an affidavit against the withdrawal petition filed by the learned Public Prosecutor.......iur Rahman Motiur Rahman @ Motiur Rahman...................Appellant Vs. State...................Respondent Judgment May 8, 1983. Result: The appeal is dismissed. Cases Referred to- Bakshu Mea Vs. Bangladesh, 30 DLR (AD) 228; Sikandar Ali Vs. State, 31 DLR (AD) 134. Lawye......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329...Category: Criminal Law | Date: | Hits: 82
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......t invent jurisdiction or confer a jurisdiction which is not given expressly. The learned Single Judge missed this very point that reviÂsional jurisdiction under section 25 S.C.C. Act does not confer power of revision of an order under section 28A. It must be rememÂbered that the Small Cause Courts...... Khalek Mia……………………Appellant Vs. Maya Debi & others……………………Respondents Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 1...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....damages and loss for the said amount on account of willful refusal of the petitioner to grant further loan by extending limit already sanctioned at a time when the respondents were in further need of financial assistance. The petitioner filed the application challenging the maintainability of the co......uires determination on evidence and hence outside the scope of Order 8, rule 6(1) of the Code of Civil Procedure. It is also submitted that the impugned judgment and order is a colourable exercise of power of the respondent No. 6 conferred by the said Act and having not been made in accordance with ......¦â€¦â€¦â€¦..Petitioner Vs. Sultana Jute Mills Limited and others…………………….Respondents Judgment December 1, 1993. Result: The Rule is made absolute. Cases Referred to- Ruhul Amin Vs. District Judge, 38 DLR (AD) 172; Begum Lutfunnessa Vs. the People's Republic o......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....e given effect to the duty under sub‑section (1), in lieu whereof the duty under sub‑section (4) was levied by such notification, shall be levied and, with necessary adjustment, collected for the financial year during which such notification is cancelled or for the period of which it cannot be g......ght of exemption which the petitioners are entitled in accordance with law, as such, the same are illegal and without lawful authority. It is further argued by the learned Advocate that delegation of power under section 3(4) or the Act to the Board to levy duty and to vary the levy which is an essen......5 of 1989) Vs. Bangladesh and others .............................Respondents (In all writ petitions) Judgment August 2, 1994. Result: The Rules are made absolute. Cases Referred to- Zaibtun Textile Mills Ltd. Karachi and others Vs. Central Board of Revenue and others, PLD 19......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32...Category: Fiscal/Taxation Law | Date: | Hits: 199
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......ient cause order stay of execution of such decree. The expression "stay of proceedings" does not mean stay of proceedings in the Court itself. Order 41 rule 5 of the Code gives an appellate Court the power to order stay of proceedings under any decree or order from which an appeal has been filed. Wh......¦â€¦Petitioner Vs. Executive Engineer, Facilities Department, and others………………Opposite Parties Judgment March 13, 1997. Result: The Rule is discharged. Cases Referred to- 38 DLR (AD) 70; 40 DLR 496; 44 DLR (AD) 144; 31 DLR (AD) 319; 35 DLR 25; AIR 1933 (Bom) 118; ......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....rt permit loan for Taka 5,85,000.00. The goods arrived at Chittagong Port in two consignments. The plaintiff requested the defendant to release the goods but the latter expressed his inability due to financial hardships and requested the plaintiff Bank for release of the documents and assured the pl......in Adalat Ain provides that in giving instalments to the judgment-debtor exceeding one year the Court is to obtain consent of the decree-holder. Thus it is clear that the Artha Rin Adalat has limited power in giving instalments to the judgment-debtor to satisfy the decree. Thus if we read sections 5...... Belayet Hossain…………………Petitioner Vs. Bank Indosuez…………………Opposite Party Judgment January 19, 1998. Result: The Rule is discharged. Cases Referred to- Sultana Jute Mills Ltd. and ors Vs. Agrani Bank and others, 14 BLD (AD) (1994) 195; 46 DLR (A......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......ted an illegality by entertaining the same. The learned Advocate further submits that there was no decision on a reference from the Court of Small Causes and, as such, the learned SCC Judge exercised power and jurisdiction not vested in him by law. 6. Mr. Bakhtiar Hossain, the learned Advocate ap...... Nath Mondal and others……………Petitioners Vs. Motia Begum and others……………Opposite-Parties Judgment June 29, 1997. Result: The Rule is discharged. Case Referred to- ILR 5 Cal 699. Lawyers Involved: Md. Fazlul Karim, Advocate - For the Petitioner. Ba......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429...Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......Facts of the case as stated in the judgment are quite adequate to understand the issues involved. 3. To commit someone for contempt of Court and punish him for it, if found guilty, is the inherent power of a Court of record. The Supreme Court of Bangladesh is such a Court. The power is, no doubt,......t Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider ChowÂdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Moazzem Hossain, Deputy Attorney-General………………………Appellant Vs. State…………………….Responde......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290...Category: Criminal Law | Date: | Hits: 116
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing resÂpondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......nient to deal with them together. The first and third questions are dependent on the answer to the second quesÂtion. 7. The findings of the learned Single Judge have been set out above. As to the power of the High Court, in exercising its jurisdiction under section 100 of the Civil Procedure Cod......: Khandakher Mahbubuddin Ahmed, Advocate instructed by Abu Backkar, Advocate-on-Record-For the Appellant, Abdul Aziz, Advocate-on-Record-For the Respondent No.1. Ex-parte—Respondent Nos. 2 to 6. Civil Appeal No.11 of 1976. (From the Judgment of the High Court in Second Appeal No.99......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing resÂpondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....e allegation was that the accused No.1 in collusion with the accused petitioner has misappropriated the aforesaid amount and committed criminal breach of trust and further prejudiced the economic and financial interest of the State "since the Janata Bank is now fully owned by the Government of Bangl......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......Sana………………………………Appellant Vs. The State……………………………Respondent Judgment April 6, 1983. Result: The appeal is dismissed. Case Referred to- Rumball Vs. Schmidt, (1882) 2 QBD 603. Lawyers Involved: Moinul Hosein and Md. Joynal A......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284...Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....Power 1989 PL 552). 62. Hence such private, non-governmental bodies like IMRO, FIMBRA, and LAUTRO, which were officially recognized under the Financial Services Act 1986, for regulating sectors of financial markets, were part of a statutory system, were held to be amenable to judicial review, alt......n, averred that the contract under challenge is not a statutory one, nor is it a sovereign act. This lease agreement has not been executed by National Shooting Federation in exercise of any statutory power. 29. That on obtaining lease from the respondent no.1, it invested Tk.7 crore for decoratin......Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respondents. Judgment December 12, 2010. Result: The Rule is made absolute. Cases Referred to- Shahabuddin (Md) Vs. Secretary, Ministry of youth and Sports and others, 45 DLR 360; R Vs. Ti......; Board of Education Vs. R-ice 1911 AC 179; Local Government Board Vs. Aldridge (1915 AC 120); Draymond Vs. South West Water Authorities (1976 AC 609); R Vs. Not Bell Liquors Ltd, 1922 Act 128; R Vs. Panel on Take over and Mergers, ex-parte Datafin PLC (1987 2QB 864); Reg. Vs. Criminal Injuries Comp..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......elter home concerned could not be closed down. The Court of Appeal relied on the test which is whether to frustrate a substantive legitimate expectation would be so unfair as to amount to an abuse of power. The House of Lords endorsed the ex-parte Coughan principle in a number of cases, inclusive of......tion, Represented by the Mayor, Nagor Bhaban, Dhaka and others …………………… Respondents.
Judgment
August 21, 2011.
Result:
The Rule is made absolute in part.
Cases Referred to-
Central London Properties Trust Vs. High Trees House Ltd (1947 K B 130); Combe Vs. Combe (195......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
..
Category: Civil Law | Date: | Hits: 218
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