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Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......lso submits that the impugned order passed by the learned Judge of the Adalat is based on the materials on record. He further submits that the instant writ petition is not maintainable in view of the provisions of section 41 of the Artha Rin Adalat Ain, 2003 and as such, the rule is liable to be dis..Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......ons 2(ট)(আ)(ই)/4(2) the Money Laundering Prevention Act, 2009 pending before the Court of the learned Metropolitan Senior Special Judge, Dhaka. The Parliament cannot enact any law violating the provisions of Article 7(2) and 26(2) of the Constitution. The 8th Parliament passed Money Laundering..Category: Criminal Law | Date: | Hits: 112
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....t case the very initiation of the case is illegal, as the first information report was lodged by a private person who himself is an interested person. He further submits that except following the mandatory provision of Special Law i.e. Anti-Corruption Rules, 2007 no person can initiate or invest......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ..Category: Criminal Law | Date: | Hits: 111
....mmitted an error of law rejecting the plaint on the finding that the suit is barred under section 42 of the Specific Relief Act for not praying for consequential relief while the plaintiff prayed for mandatory injunction as consequential relief Mr. Golam Arshed also has submitted that the service of......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......ether the execution case may be filed after preliminary decree. 22. It has been decided by this Division by judgment dated 29-8-2007 passed in Writ Petition No.3672 of 2004 in consideration of the provisions of section 5(3)(4) of the Ain that in a suit for recovery of loan by sell of mortgage p..Category: Civil Law | Date: | Hits: 269
.... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459.......nishment under Article 11 of P.O.No.148 of 1972. Discharge from service is not a punishment mentioned in Article 11 of P.O.No.148 of 1972.
14. By an amendment called the Bangladesh Rifles (Special provisions) Ordinance, 1976 (Ordinance No. LXXXV of 1976) it was provided in section 3 thereof t..
Category: Others | Date: | Hits: 167
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......nted by his wife petitioner Mrs. Shaheda Masood Vs. The State and others) wherein it was observed by a Division Bench of this Court:- "In the said President's Order (P.O. No.129 of 1972) special provisions have been made for speedy recovery of dues from the defaulter in articles 33, 34 and 35..Category: Criminal Law | Date: | Hits: 108
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......59, Abdullah, J. in a similar matter of eviction of tenant by holding over held at para 5 of the judgment thus :- "In the absence of a contract to the contrary holding over must be governed by the provisions of section 106 of the Transfer of Property Act." 30. In the case of Dasarath Vs. Sarat..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......urban area ought to have been included in the Sylhet Pourashava for the purpose of election of Commissioners. The declared urban areas have been illegally excluded. He also submits that under the provisions of Union Parishads Ordinance no election of Union Parishad can be held in urban areas. So..Category: Property Law | Date: | Hits: 108
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ve point of view calling for an order of suspension of the petitioner from his office as Chairman. As the order of suspension has been passed against the petitioner without holding enquiry which is mandatory according to the Statute, the impugned order can not be sustained. The Rule is, accordi......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...Category: Others | Date: | Hits: 175
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
.... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ...... majority votes, the minority candidate cannot be declared elected. For the reasons stated above, we must hold that by reason of failure of the Registration Officer to act in accordance with the provisions of the Rules, the result of the election has been materially affected and hence the elect..Category: Election Law | Date: | Hits: 187
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......not apply in the cases triable by the Special Tribunal. He, however, could not cite any decision in support of his contention. Section 29 of the Special Powers Act, 1974-runs as follows: “The provisions of the Code, so far only as they are not inconsistent with the provisions of this Act, sh..Category: Procedural Law | Date: | Hits: 112
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ...... and other Vs. Girish Chandra Choudhury, reported in 7 DLR 466 wherein it has been held that "If a case does not come under rule 23 or rule 25 of Order XLI of the Code of Civil Procedure or any other provisions of the Code, the Court for ends of justice, can resort to its inherent power under sectio..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....stered kabala dated 30.6.80, but the plaintiffs father was not aware of the fact that the suit property was an abandoned property. Hence the suit was filed for aforesaid declaration with a prayer for mandatory injunction directing the petitioner to restore possession of the property in favour of the......sh, inherited the property and the present Plaintiff, on the basis of valid document, acquired title in the suit property. The lower appellate Court as final Court of fact also rightly considered the provisions of law and the evidence on record and quite rightly affirmed the Judgment and decree of t..Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ...... by a 3rd party ought not to have been entertained. The CID police is wholly incompetent to file such a petition in such petition a manner before the learned Sessions Judge. It appears that the clear provisions of the Code of Criminal Procedure has not been followed by the investigating agencies. ..Category: Criminal Law | Date: | Hits: 99
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......e Sessions Judge and, as such, order of revival passed by the learned District Magistrate on 11.7.91 was beyond the period of 6 (six) months from that date and, as such, illegal. 5. Scheme of the provisions of section 167 as it stood before the amendment of the said section by Act No.42 of 1992 ..Category: Criminal Law | Date: | Hits: 82
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146.......18.12.1989 received from the President’s Secretariat for revival of the case. 3. Mr. Khan Saifur Rahman, learned Advocate appearing for the petitioner, after placing the matter on record and the provisions of section 8(a) of the Criminal Law Amendment (Amendment) Act 1987 submits that the case ..Category: Procedural Law | Date: | Hits: 99
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
...., the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141....... Mr. Justice Chowdhury. Their Lordships have held as under: “Inherent power of the Court.- If a case does not come under rule 23 or rule 25 of Order XLI, the Code of Civil Procedure or any other provisions of the Code, the Court for ends of justice can resort to its inherent power under section..Category: Procedural Law | Date: | Hits: 124
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......the 3 writ petitions summarily holding that section 4 of Act 27 of 1991 is a proper valid piece of legislation and the election of the President held in accordance with the said provision and other provisions of Act 27 of 1991 is valid and legal and found, therefore, no substance whatsoever in the..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
.... 7. From a plain reading of the section, it appears that the word ‘may’ shows that the power or authority under section 23 of the Small Cause Courts Act is discretionary and not obligatory or mandatory. In the case of Mohammad Salim Vs. Mohammad Siddick Jamal & ors. reported in 22 DLR 84......ot lay down that an issue as to title renders a SCC Suit non‑maintainable as such but enacts that the authority of a SCC Judge to hear such a suit is discretionary." 9. So, from the aforesaid provisions of section 23 of the Small Cause Courts Act and the decisions referred to, it is sufficie..Category: Civil Law | Date: | Hits: 140
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