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Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......Deputy Advocate General that the prejudicial activity is possible inside the jail has already has been repelled by us and reliance was placed in support of our view on the two decisions of the Indian jurisdiction as mentioned above. 15. In this context now the question of satisfaction becomes r..Category: Criminal Law | Date: | Hits: 1
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....t the rate of Tk. 28/-per yard and the petitioners were entrusted with Tk. 100,000/-as advance on 28-5-76 for which a receipt was granted by accused petitioner No. 2 Harun-ur-Rashid Chwodhury and the total price was about Tk. 3,92,000/-. It was further alleged that the petitioners on 16-6-76 took Tk...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ......ode of Civil Procedure. It is a statutory power and can only be exercised within the ambit of the said provision. The original provision clothed the High Court Division with powers in its supervisory jurisdiction to correct any error made by the subordinate Courts. 5. It appears that amendment ..Category: Civil Law | Date: | Hits: 2
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......ing of the Rule, it appears from the record that the appeal was heard and disposed of by the learned Judge of the Adalat. So, naturally, the question arose whether the learned Judge of the Adalat had jurisdiction to hear a Family Appeal. Before addressing this legal question, let me have a glance ov..Category: Procedural Law | Date: | Hits: 31
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
....decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ..Category: Civil Law | Date: | Hits: 37
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
....ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ...... a settled proposition of law that High Court Division under its supervisory power conferred by section 115(1) of the Code of Civil Procedure may even suo-moto dispose of a Civil revision even in the absence of either of the parties when they have opportunity but fail to appear. This Court is not ob...... appellate Court by the impugned judgment and order. Thus he submits that the concurrent finding of facts arrived at by this Courts below should not be interfered with by this Court in its revisional jurisdiction and the Rule should be discharged. 6. I have heard the learned Advocate for the oppo..Category: Procedural Law | Date: | Hits: 28
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....estigation for the purpose, for smooth, orderly and efficient functioning of any such trade organization— (i) remove or cause to be removed any member of the Executive Committee, not exceeding a total of five in any calendar year, of such trade organization and fill up, of cause to be filled up......he parties concerned in the dispute. It was contended that relevant law is not equipped with any direction as to procedure enabling a person to be heard before he is condemned and therefore in the absence of a clear provision in the language of the law this will be nothing illegal to condemn his ......for the purpose of electing persons to the Executive Committee and nothing more. But in the instant case the Director Trade Organizations, respondent No.2 not only issued show cause notice beyond his jurisdiction but also most illegally dissolved the previous Executive Committee of 2007-2009 appoint..Category: Business or Commercial Law | Date: | Hits: 72
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
....llow was then pumped into the tanks of International Tank Terminal, Potenga in presence of all surveyors and the respective parties. In the shore tanks there was survey by all the 3 surveyors and the total quantity found on survey was 1917.355 metric tons and thereby there was a shortage of 11.856 m...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....Hasan Arif, the Senior Advocate on behalf of the petitioner company Zastat after taking through the relevant SRO's mainly submits that the Respondent No.1 Customs Excise and VAT Appellate Tribunal in total misconception of law and fact misdirected itself in holding that the decision given by the R......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 40
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....he petitioner took us to the FIR, the charge so framed, the deposition of the prosecution witnesses, impugned Judgment and the material papers and documents and submits that the convict-petitioner is totally innocent and he has not committed the crime as alleged by the prosecution; that the learned ......the case against the accused person. 9. After considering the facts, circumstances and evidence of the case, the learned Judge, Special Tribunal No.3 Chittagong convicted the accused person in his absence under section 19A of the Arms Act sentencing him thereunder to suffer rigorous imprisonment ...... 35. In such a case the Judgment can be challenged and interfered with to the extent permissible by express provisions of law which is when the same can be characterized as perverse. In exercising jurisdiction under section 561A of the Code, High Court Division can quash the Judgment of a tribuna..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....2(La) of the VAT Act and, as such, entitled to pay VAT at zero rate. 5. Considering the issues raised by the petitioner No.1 the respondent No.1 by SRO No.163-Ain/2004/409-Mushok dated 10-6-2004 totally exempted the members of the petitioners i.e. the indentors from payment of VAT and that exem......om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ......ed 29-9-2010 (Annexure-J) making administrative direction for deduction of VAT at source from remittance of the members of the petitioner No.1 is beyond the provision of law and thus wholly without jurisdiction and without lawful authority being devoid of any substance. 8. By filing affidavit-i..Category: Fiscal/Taxation Law | Date: | Hits: 51
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, however without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ......ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, however without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ......ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, however without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ..Category: Property Law | Date: | Hits: 19
.... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
......emed to have been considered and rejected."
10. In my view the presumption that was attached to the batwara khatian lost its relative weight after C.S. Khatian came into being in 1915-18. In the absence of any other evidence the latter khatian was rightly accepted by the Courts below in proof o...... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
..
Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......aiz Hossain Mia, late Abdul Latif Mia, late Joynal Abedin and late Serajul Islam were at their village home at Keraniganj and the case property was under their lock and key; taking advantage of their absence of the owners from the house some miscreants illegally entered into the case property occupi......ication on 15.04.2007 and after hearing the petitioners, the Court of Settlement rejected the application for restoration vide order dated 15.04.2007 on the ground that the Court of Settlement has no jurisdiction to restore the case. 12. Being aggrieved, the petitioners filed instant writ petitio..Category: Procedural Law | Date: | Hits: 24
....ng horrific noise and air pollution with loud noise, black smoke and dusts. The report of Respondent No.9 further reveals that the operation of similar heavy machines has been continuing unabated and totally unauthorized in the Bholaganj stone quarry of the river Dhala in the Companyganj upazila of ......ental degradation are the unregulated operations of commercial activities by a few unscrupulous persons/entities at the cost of our precious and irreplaceable ecosystems and natural resources. In the absence of proper monitoring and implementation of relevant laws by the concerned regulatory agencie...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
..
Category: Environmental Law | Date: | Hits: 362
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ..Category: Procedural Law | Date: | Hits: 26
Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
....trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ...... withdrawn by the General Secretary of Comilla District Bar Association and thus the apprehension of the accused-petitioners that they will not get fair justice and impartial trial under the Sessions jurisdiction of Comilla district is without any meaningful basis and as such the Rule is liable to b..Category: Criminal Law | Date: | Hits: 18
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......buse of the process of the Court and the Rule is liable to be made absolute. 7. Mr. Abdur Rouf, the learned Deputy Attorney General appearing for the opposite party-State submits that the inherent jurisdiction under section 561A of the Code should not be invoked when some other remedy is availabl..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......e went on extraordinary leave for 2 years from 1-5-1997 to 30-4-1999 duly granted by the Managing Committee of the school. But he has been illegally removed from the service on 14-6-1999 during his absence from the school on ground of unauthorised leave without issuing any show cause notice to him......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ..Category: Employment/Service Law | Date: | Hits: 29
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