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....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......s "shall", that is the government is bound to revoke the order of detention and release the detenue, if the Advisory Board does not "recommend the detention; and section 13 thereof gives the absolute power to the Government to revoke or modify the detention order at any time, which is an independent......er
Vs.
Government of the PeoÂple's Republic of BanglaÂdesh represented by the Secretary, Ministry of Home Affairs.....................Respondent
Judgment
March 1, 2004.
Cases Referred to-
Md. Anowar Hossain on behalf of detenu Chittaranjan Guha Vs. State, 29 DLR 15; Calcutta Dock ......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32...
Category: Criminal Law | Date: | Hits: 64
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ......onsideration money from defendant No.1 and executed an agreement for sale in favour of, defendant No.2. Abdul Khaleque Dhali appointed defendant No.1 as his constituted Attorney by giving him all the powers of transfer. Abdul Khaleque Dhali applied to the authority twice for permission to transfer t......other..................Petitioners Vs. AKM Mostafa Kamaluddin and others.............Opposite Parties Judgment March 22, 2001. Result: The Rule is made absolute without any order as to costs. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order VII rule 11(c)(d) The v......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ..Category: Civil Law | Date: | Hits: 68
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......porary basis in the year 1998 but till today neither of them get license on regular basis. An apprehension that the area under their jurisdiction may be curtailed by the Government in exercise of the power given to the Government under second proviso to section 4 of the Muslim Marriages and Divorces......que J Zinat Ara J Wahiduzzaman (Md.)……………….........Petitioner Vs. Government of Bangladesh & others.............Respondents Judgment May 13, 2003. Cases Referred to- Abdul Ala Moududi Vs. Government of West Pakistan, 17 DLR (SC) 209; Waris Mea Vs. State, 9 DL...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ..Category: Civil Law | Date: | Hits: 79
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ...... making out a case against the accused; they should not be compelled to face the trial which amounts to abuse of the process of the court and the same is also to be prevented by invoking the inherent power under section 561A of the Code of Criminal Procedure. 21. Taking this view into considerati......ate………………………………………………..Opposite Party Judgment November 1, 2004. Lawyers Involved: None appears-For the Petitioners. Md. Afsar Hossain, Assistant Attorney-General-For the Opposite Party. Criminal Miscellaneous Case No. 2123 of 1995. Judgment ......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ..Category: Criminal Law | Date: | Hits: 85
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
.... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448.......time mentioned in Clause (a) of Article 67 of the Constitution. There is nothing in this sub-rule which shows that the Speaker may determine whether a member has vacated his seat or not. Speaker is empowered to inform the House only if he finds that a particular member has vacated his seat, the Secr......n, Umme Kulsum Rekha and MBI Munshi, Advocates ‑ For the Petitioner. M Amirul Islam with Shafique Ahmed & Fazlur Rahman Khan, Advocates ‑ For Respondent No, 3. Zaman Akhtar, Assistant Attorney General ‑ For Respondent Nos.1 and 2. Writ Petition No. 985 of 2002. Judgment Md. ...... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448...Category: Constitutional Law | Date: | Hits: 242
....2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444.......ages and Divorces (Registration) Act, 1974 is violation of Articles 27 and 31 of the Constitution of the People's Republic of Bangladesh inasmuch as it gives an arbitrary, unfettered and unreasonable power to the Government to curtail the area of a Nikah Registrar without following any procedure and......inistry of Law, Justice and Parliamentary Affairs and others ......……………......Respondents
Judgment
January 10, 2004.
Result:
The Writ Petitions are discharged.
Cases Referred to-
Dr Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Writ Petition No. 553 of 2003 with Writ Petit......2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444...
Category: Civil Law | Date: | Hits: 70
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....00 by cheque No.384382 dated 2.12.82 issued by the District Education Officer as the first instalment from the Bangladesh Krishi Bank, Kurigram Branch out of Government grant of Tk. 17,480.00 for the financial year 1981‑82 for doing some repair and development work of the said school. Out of the s......a Sessions Judge and his appointment as a Senior Special Judge was notified in the official Gazette by a general notification No.3498‑J 24th October 1958 which runs as under: "In exercise of the powers conferred by sub‑section (2) of section 4 of the Pakistan CriÂminal Law Amendment Act (now......i J Rajab Ali Zulfiqar………………………Appellant Vs. State…………………Respondent Judgment April 13, 1993. Result: The appeal is dismissed. Cases Referred to- State Vs. Abu Raza, 18 DLR (SC) 512; State Vs. Nazir Hussain, 16 DLR (WP) 48; 7 DLR (FC) 1; A......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election CommisÂsioner and others, 1992, 21 CLC (HCD)
.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......ellate Division. We do not find the decision on this point, arrived at by the Election Commission, to be of any malice or mala fide but within jurisdiction. 10. For its supervisory and controlling power, the Election Commission has overall control in election matters and shall be competent to cor......……Petitioner Vs. Chief Election CommisÂsioner and others…………………………Respondents Judgment December 1, 1992. Result: The petition is rejected. Cases Referred to- Sheikh Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Mehinder Singh Gill Vs. Chief Elect...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of BanglaÂdesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......in functions of the kingdom were fused in the Sovereign. Besides, the King as the Defender of the Faith is the head of the Church of England also with the start of democratic process, by and by, such powers and functions are being exercised by the Ministers of the Sovereign but elected by the people......€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Government of BanglaÂdesh and others………………..Respondents Judgment June 13, 2004. Result: The Rule is made absolute. Cases Referred to- Col. Md. Hashmat Ali (Retd) of Bangladesh Army Medical Corps Vs. Bangladesh, 47 DLR (AD) 1; L......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ..Category: Employment/Service Law | Date: | Hits: 148
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
....ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......n by the Generator and Direct Drive. The main generator ceased to function on 15‑9‑1998 and information was made to the respondent by letter dated 16‑9‑1998. The Cold Storage remained without power for over 24 hours. The regular power supply was restored on 16‑9‑1999. Thereafter, when th...... terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ..Category: Company Law | Date: | Hits: 168
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......l Huq has given much stress on Article 66(2A) which was amended at different times in order to suit the situation and to and to meet the situation as it was necessary for the persons who were holding power of this country at the relevant time. He further submits that this inclusion and exclusion cla...........................petitioner Vs. Justice Shahabuddin Ahmed and others......................Respondents Judgment August 19, 1996. Result: The Rule is discharged. Cases Referred to- Farid Mia Vs. Md. Amjad, 42 DLR (AD), 13; Wares Miah Vs. The People's Republic of Bangladesh,...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..Category: Constitutional Law | Date: | Hits: 200
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ...... that the suit land belonged to Bepin Bihari Datta Who transferred the same to Dilip Kumar Roy by way of lease on 13.12.1954 for 20 (twenty) years. Subsequently, Dilip Kumar Roy most illegally gave a power of attorney to one Kawsar Uddin on 17.05.1956 to look after the property. On the basis of the ......Petitioners Vs. Monwarul Alam and others................................Respondents Order May 9, 2011. Result: Leave is granted. Lawyers Involved: B. D. Chakrobarty, Deputy Attorney-General instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Quamrul Haque Si......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ..Category: Property Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......he DIT on 3.9.77. On 11.10.1995 the wife of the petitioner transferred the said piece of land to her son and daughter who duly authorised the petitioner to represent their case by executing a general power of attorney on 6.1.96 (Annexure A2, A3 and A4 respectively). It has been alleged by the petiti......rs….................Petitioners Vs. Bangladesh and others…….........................Respondents. Judgment November 15, 2007. Result: The Rule is discharged. Cases Referred to- Sharif Nurul Ambia vs. Deputy Commissioner and others, 58 DLR (AD) 253, M Saleem Ullah, Advoc......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ..Category: Property Law | Date: | Hits: 135
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
.... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ......nal court. 6. Now let me consider the contentions raised by the learned Advocate. From perusal of the impugned order, it appears that the learned Assistant Judge made this order in exercise of his power under section 151 CPC. The learned Assistant Judge while making the order also found that the ......greement executed by Murad Hossain, a partner of the Mitali Shipping Lines and Abu Baker Bhuiyan, the opposite party No.1 on 14.8.87 the vessel was given on a monthly charter with effect from 14.8.87 to the opposite party No.1 for one year. According to the terms of agreement, the opposite party No....... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ..Category: Civil Law | Date: | Hits: 97
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....lotment being a Government employee, on promotion rose to the rank of Ist and 2nd Class and Government intended to confer some benefit on them in view of the fact that they being not placed on. sound financial position and not being capable of making purchase of abandoned property and as such this c......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......ndents. Judgment February 4, 1992. Result: The Rule is discharged. Lawyers Involved: Mahmudul Islam with Nihad Kabir, Advocates ‑For the Petitioner. Shahabuddin Ahmad, Deputy Attorney‑General ‑For the Respondents. Writ Petition No. 235 of 1987. Judgment Syed Fazle......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ..Category: Property Law | Date: | Hits: 75
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....d Brojendra Kumar Saha while running business under the name and style M/S. Kalipada Saha and Brothers, started transaction with the plaintiff-bank and took pledgement loan of Tk. 5, 00,000.00 in the financial year of 1981-1982 and repaid the same in the said year through their C.C. pledgement accou......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Harunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.2106 of 2009. (From the judgment and order dated the 31st day of May, 2009 passed by......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637...Category: Civil Law | Date: | Hits: 55
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197....... was upheld by the Appellate Division which has been reported in 30 DLR (AD) page 10 1 and in that decision of their Lordships of the Appellate Division confirmed the view taken further held that the power regarding the formation of the opinion cannot be delegated to other Government officials. Thei......ment of Bangladesh, 27 DLR 170 & 30 DLR (AD) 101. Lawyers Involved: Habibul Islam Bhuiyan with MA Wahab Mia & Abul Hashem, Advocates ‑ For the Petitioner. Fakrul Islam, Assistant Attorney‑General and Dr. Delwar Hossain, AAG ‑ For the Respondent No.2. Writ Petition No.276 of......o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197...Category: Property Law | Date: | Hits: 64
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....cation rather than earning revenues from their own sources. The government allocated Tk. 1265 crores as development assistance to the Upazilas from the year 1982‑83 to 1990 to 91. There was gross financial indiscipline in the Upazilas. Huge number of officers and staff were to be maintained an......d from office other than in the manner as prescribed under the said Ordinance. In order to politicize as well as to have a party grip over & local administration and in order to exercise those powers through a party oriented man and party oriented bureaucracy the impugned ordinance was pass......), Government of Bangladesh, Bangladesh Secretariat, Dhaka and others……………………..Respondents Judgment December 19, 1991. Result: The Rules are discharged. Cases Referred to- Anwar Hussain Chowdhury Vs. State, 1989 BLD (Spl.) page 1; Kesavananda Vs. State of Kerala, A......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171......., Rotterdam, 34 DLR 356. He placed reliance upon the observation of his Lordship that the Admiralty Jurisdiction of High Court Division can be traced back to clause 26 of the Charter of 1114 by which power was given to the Supreme Court of Bengal to hear, examine, try and determine all causes, civil......¦â€¦â€¦.….Plaintiff Vs. M V Birba and others …………....Defendants Judgment December 12, 1991. Result: This application for return of the plaint is allowed. Cases Referred to- East and West Steamship Co. Vs. Queensland Insurance. Co., 16 DLR (SC) 61; Sadharan Bima Corp......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......er the fall of Ershad Government the detenu maintained silence and did not participate in any kind of political activity put he has been detained for collateral, purposes under colourable exercise of power. The grounds supplied to the detenu am not proper grounds of detention. 4. The respondents ......................Respondents Judgment January 15, 1992. Result: The rule is made absolute. Lawyers Involved: Abdul Malek, Advocate -for the petitioner, AY Salehuzzaman, Deputy Attorney‑General - for the respondents. Writ Petition No. 2631 of 1991. Judgment Abdul Jali......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ..Category: Criminal Law | Date: | Hits: 81
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