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Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....w well settled that mandatory injunction in temporary form can be issued, so, the petitioner has filed this contempt petition for the violation of injunction order dated 27‑5‑99 passed by a Civil Bench of this Court. So, naturally, the question arises if a contempt proceeding lies for violation ......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43...Category: Property Law | Date: | Hits: 34
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....Mr. Golam Md. Chowdhury, learned Deputy Attorney-General, made prayer for further adjournment as a last chance. Whereupon the matter was again adjourned till April 16, 2007. But, in the meantime, the Bench was reconstituted. Therefore, this Bench felt again the necessity to adjourn the matter on 16-......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....slam vs. Bangladesh and others, submits that under the similar facts and circumstances the contract of Jamuna Fertiliser Company with another person was found to be a statutory contract by a Division Bench of this Court and the Writ petition is thus maintainable. 8. Mr. Md. MA Samad, the lear......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ..Category: Civil Law | Date: | Hits: 74
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....e given case, this Court discarded the confessions as neither true nor voluntary. 25. In the case of Md. Azad Shaikh, the Magistrate recording confession was not examined and on his behalf the Bench Clerk of the Magistrate was examined to prove signature of the Magistrate in the confessional ......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ..Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....wances of the handwriting experts. The Magistrate though considered these grounds were not sufficient for not committing the accused, but granted permission to withdraw from the prosecution. The Full Bench was of the view that the consent of the trying Magistrate had not been properly given and quas...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ..Category: Criminal Law | Date: | Hits: 43
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....his omission can hardly be a sufficient justification for driving the parties to a separate suit for determination of the question determined in the present suit." 53. In 14 DLR 307 a Division Bench also took the view: "It is always open to a Court to give a plaintiff such general or o......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ..Category: Property Law | Date: | Hits: 32
Mahbubul Alam (Md.) Vs. Bangladesh and Others, 2006, 35 CLC (HCD)
....ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ......ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ..Category: Civil Law | Date: | Hits: 67
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....igh Court. On appeal the Supreme Court of India having quoted with approval a passage from Halsbury's laws of England as to the scope of irrevocable letter of credit and other decision of the Queen Bench Division in the case of Hamzeh Walas vs. British Imex, the case of the Jordanun firm already r......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
....he actual meter reading under protest. Challenging the aforesaid illegal realisation of gas bills a writ petition being, number 7630 of 1997, was filed before the High Court Division and the Division Bench of the Hon’ble Supreme Court was pleased to issue Rule Nisi on 11-12-1997. But ultimately, t......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
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Category: Civil Law | Date: | Hits: 115
....beyond the legislative competence and powers of the enacting legislature, the above prima facie construction of section 34 would have to be rejected.”
On the above view and reasons, the Division Bench held that section 34 of the Act would not apply in the instant arbitration and accordingly, se......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17...
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....ies. The learned Subordinate Judge allowed the prayer against which the defendants petitioners on an application under section 115(1) of the Code moved this Court and their Lordship's in the Division Bench, of this court after examining the legal provisions as contained in section 94 along with othe......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32...Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....rule 9 of the Code and by certain order the said case was allowed. The Miscellaneous Case was not dismissed on ground of non‑appearance but for not putting the costs. In such circumstances a Single Bench of this Court held as follows: "In this case from the facts it appears that the application......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...Category: Property Law | Date: | Hits: 36
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....y No. 1. Civil Revision No. 7290 of 1991. Judgment Md. Abdur Rashid J .- On 5, March, 1986 a Rule in Civil Revision No. 149 of 1986 was obtained from the then High Court Division at Rangpur Bench by the pre-emptee as petitioner in a revision application made under section 115 (1) of the Co......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..Category: Civil Law | Date: | Hits: 69
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....he respondent No. 4 and it should be decided first before hearing the amendment petition. In support of his above submission he relied on a decision reported in AIR 1996, Patna 226 wherein a Division Bench, in an election petition, observed that the Election Tribunal is bound to hear and decide the ......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...Category: Election Law | Date: | Hits: 85
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ch has been raised in this writ petition earlier also were raised in two other writ petitions, namely, Writ Petition No. 1693 of 1997 and 1479 of 1999 and in Writ Petition No. 1479 of 1999 a Division Bench of this Court held that for vessels which are sold in auction for scrapping after the beaching......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...Category: Fiscal/Taxation Law | Date: | Hits: 77
....st the Public Prosecutor. The petitioner being aggrieved with the said order moved the High Court Division under Article 102 of the Constitution by Writ Petition No. 4730 of 1996, in which a Division Bench after hearing the parties disposed of the Rule issued earlier directing the trial Court to dis......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....a chance of being heard. 51. In the case of Bangladesh Soya Protein Project Ltd. vs. Secretary, Ministry of Disaster Management and Relief, Bangladesh & others reported in 6 BLC 681 a Division Bench of this court held that discontinuance of school feeding programme violating its own policy de...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....h Court Division in Writ Petition No.10926 of 2006.) Judgment S.K. Sinha J. - This petition for leave to appeal is directed against the judgment and order dated 20th April, 2009 of a Division Bench of the High Court Division in Writ Petition No. 10926 of 2006 discharging the Rule as not main......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..Category: Civil Law | Date: | Hits: 78
Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)
....imposition of the custom duty on the basis of Yellow Book Value on the reconditioned used vehicles imported from, abroad was in accordance with law and thereafter following the above decision another Bench of the High Court Division in the case of Haq Bay Automobiles Ltd. Vs. The Secretary Internal ...... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
....t Division in Writ Petition No.4695 of 2002.)
Judgment
Md. Joynul Abedin J.- This petition for leave to appeal is directed against the judgment and order dated 09.11.2004 passed by a Division Bench of the High Court Division in Writ Petition No. 4695 of 2002 making the Rule absolute-in-part.......assessment of the materials on record. There is, therefore, no reason to interfere with the same. The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 194...
Category: Others | Date: | Hits: 92
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