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Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......held that when a SCC Suit is dismissed for default provision of Order 9 rule 9 of the Code of Civil Procedure is applicable. Having regard to the provision of section 17 of the SCC Act as well as the principle enunciated in the aforesaid decision I am of opinion that the learned trial Court (SCC Jud......te Judge, 1st Court, Chittagong Sadar in Miscellaneous Case No.493 of 1990 should not set aside and or pass such other or further orders as to this Court may deem fit and proper 2. The short facts for the disposal of the Rule is as follows. 3. One Abdul Mannaf Contractor the predecessor of opp......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......igation under a contract between government and a private party, proper remedy lies in a civil suit and not in a writ petition under the extraordinary jurisdiction given by the Constitution. But this principle will not apply when the government violates the terms with a mala fide intention or acts a......eting No.8823 dated 13-9-2000 (Annexure-B to the petition) of the Board of Chittagong Port Authority, the respondent No.1, which found respondent No.8 as a non-responsive bidder in respect of the bid for supply of four Rail Mounted Quay Gantry Cranes (QGC) with necessary spare parts and services and...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......ars now. 8. The learned Counsel for the respondent No.1 counters this contention and submits that since the disqualification under consideration is a continuing disability occurring every day, the principle of estoppel and waiver has no application in the instant case. 9. We are inclined to ag...... 1966 Punjab 393); re P. An Advocate, AIR 1963 (SC) 1313. Lawyers Involved: KS Nabi, with Sheikh Md. Serajul Islam, Khaled Hamid Chowdhury, Md. Shahed Au Jinnah and Kazi Rehan Nabi, Advocates—for the Petitioner. Tania Amir with Manzill Murshid- for the Respondent No. 1. Writ Petition N......century, the Parliament in England itself used to decide election disputes. But by the Grenvile Act, 1868, this power was conferred on the Courts. After adjudication, the Judges used to certify their determination to the Speaker and thereafter the House makes necessary orders to carry out the findin..Category: Constitutional Law | Date: | Hits: 202
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......d party opposite party. 2. This Rule arises out of the following facts: Petitioner instituted title Suit No.180 of 1986 in the 1st Court of Subordinate Judge, Dhaka against late Md. Jalaluddin for Specific Performance of Contract for sale of schedule ‘Ka’ property. During pendency of the ......s rule. The question as to the collusiveness of a decree or order are outside the scope of proceeding under rule 100 CPC. A Court dealing with an application under this rule is not concerned with the determination of the title of the property which is the subject matter of the application. It is onl..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......in Mouza Jat Amrul, Police Station Atrai, District Rajshahi without any interference from the principal defendants. After the institution of the suit, the plaintiff petitioner filed an application for injunction restraining the principal defendants from leasing out the Waqf portion of the Ahsango......t can legitimately look into the maintainability of the suit. 12. An interim relief can be granted only in aid of, and as ancillary to, the main relief which may be available to the party on final determination of his right in the suit. If this be the purpose to achieve which power to grant tempo..Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......d Awami League became the largest party in the Parliament. Jatiya Party acting through its acting Chairman, Mizanur Rahman Chowdhury and the petitioner as its secretary general at the relevant time informed the President of the Republic about its decision by letter dated 17-6-1996 to support Awami L......n the parliament vacant under Article 70(1) of the Constitution. But nonetheless, the Speaker referred the matter under Article 66(4) of the Constitution as a dispute to the Election Commissioner for determination and this was communicated by the Parliament Secretariat to the Election Commission by ..Category: Constitutional Law | Date: | Hits: 196
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......sending the case on remand to the trial Court. Both oral and documentary evidence having been available on record there was no necessity for the remand as ordered by the High Court Division. i.e. the principle laid down in a case of remanding the appeal or revision, etc.” 10. Mr. KZ Zaman, the ...... J.- This Rule at the instance of defendant-appellant-petitioner was issued calling upon the opposites to show cause as to why the impugned judgment and decree so far it relates to remand of the case for fresh trial passed in Title Appeal No.168 of 1996 dated 28th June, 1998 and the decree signed on......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..Category: Civil Law | Date: | Hits: 71
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......earned Assistant Judge, First Court, Dhaka in Title Suit No.368 of 1985 should not be set aside. 2. The only question that survives for determination in this Civil Revision Petition is whether the principle of promissory Estoppel is attracted in awarding a decree in favour of petitioner. 3. Fo......997 setting aside judgment and decree dated 29-5-1997 passed by learned Assistant Judge, First Court, Dhaka in Title Suit No.368 of 1985 should not be set aside. 2. The only question that survives for determination in this Civil Revision Petition is whether the principle of promissory Estoppel is......setting aside judgment and decree dated 29-5-1997 passed by learned Assistant Judge, First Court, Dhaka in Title Suit No.368 of 1985 should not be set aside. 2. The only question that survives for determination in this Civil Revision Petition is whether the principle of promissory Estoppel is att..Category: Property Law | Date: | Hits: 83
....ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.......nation of the contractual rights and obligation of the parties. But even in such cases, the law enjoins the Government to act fairly and reasonably and certainly not arbitrarily or capriciously. This principle of law is now settled and engrossed in our legal system. Reliance in this regard can be pl......nts did neither complete the transaction nor hand over the physical possession of the property in favour of the petitioners in spite of compliance of all the terms by them. They made repeated prayers for completion of the transaction but having failed in this respect, a notice demanding justice was ......he contract, only in order, as it appears, to hide their own misfeasance.
10. True it is that petition under Article 102 of the Constitution is not generally maintainable when the dispute involves determination of the contractual rights and obligation of the parties. But even in such cases, the l..
Category: Others | Date: | Hits: 96
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ...... enlarging the meaning of the word, by also clothing it with the connotation given to it in the interpretation clause in addition to the sense which it conveys in common parlance. This is an accepted principle of interpretation and needs no authority to support it and if one be needed the discussion......lication No. 27 of 1992 Bangladesh Chemical Industries Corporation is the respondent and revenue is the applicant. 4. In these four reference applications the Taxes Appellate Tribunal treated the aforesaid corporations as Local Authority and exempted them from paying taxes under section 4(3)(iii)......ity as embodied in the General Clauses Act will be applicable in case of Income Tax Act, he has relied on the decision reported in AIR 1963 (SC) 1891. 15. Now the pertinent question that calls for determination in these references is whether Bangladesh Food and Allied Industries Corporation now r..Category: Fiscal/Taxation Law | Date: | Hits: 86
.... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
......e his tender accepted unless he has been pushed aside in violation of the condition of the tender form and if there is no such violation no mandamus would lie nor even a suit. This also points to the principle of law, that to protect a right the right must exist at present and not in future.”
7......cel, withdraw or rescind the same and to give the lease in question to the petitioner. At the time of issuance of the Rule operation of the impugned order was stayed.
2. Learned Advocate appearing for the petitioner after placing the petition and other materials on record submitted that responden...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
..
Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......0 DLR (SC) 339 though it has been observed that delay in concluding trial is good ground for allowing bail to the accused in the circumstances of the present case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed....... Advocate — For the Appellant- Petitioner. MA Rouf, Assistant Attorney-General — For the State. Criminal Appeal No.2681 of 1998. Judgment Kazi Ebadul Hoque J. - This is an application for bail of the appellants. The appeal is against the order of rejection of prayer for bail by the S......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207...Category: Criminal Law | Date: | Hits: 35
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......in Special Case No.8 of 1992 (Pabna) convicting appellants Md. Ibrahim Hossain, Md. Abdur Rouf and Md. Shamsul Bari under sections 468/34 of the Penal Code and sentencing them thereunder to suffer RI for two years and to pay a fine of Taka 60,000.00 each, in default to suffer RI for a further period......ther submits that in view of the gravity of the offence the learned Special Judge awarded the accused appellants the most lenient sentence which calls for no interference by this Court. Points for determination: The only point for determination in this appeal is, whether the learned Special Ju..Category: Criminal Law | Date: | Hits: 104
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... has since been held that except the vires of the Proclamation, Martial Law Orders. Martial Law Regulations, all proceedings taken or orders made by the Martial Law Courts or Tribunals, if hit by the principle of coram non judice, without jurisdiction or mala fide, the superior Court in writ jurisdi...... sentence should not be declared to have been passed or made without lawful authority and to be of no legal effect. 2. It is stated in the writ petition that one Md. Lesanul Hoq lodged the first information report (FIR) on 16-2-85 in Mirpur Police Station implicating the petitioner and two others......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......ns Judge, Natore, have been heard together and are being disposed of by this Judgment as common questions of law and facts are involved. 2. Prosecution case, stated briefly, is that on 13-5-2002 informant PW 1, Sub-Inspector Md. Obaidur Rahman along with Sub-Inspector Abdul Bari, Sub-Inspector Am......e and admits that he supplies tea and pan (betel leaves) to the police station. He is also a partisan witness like PW 6. 20. PW 9 Manik is also a formal witness and his evidence is not material in determination of the points involved in this case. 21. PW 10 Imdad Mehidi says that on the date o..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......rangulated to death. As the defence plea that the deceased committed suicide was proved false and the accused husband failed to explain the cause of death of his deceased wife, in view of the settled principle of law in a wife killing case, the Court below rightly and legally convicted and sentenced......ted 31-12-1988 passed by the Additional Sessions Judge, Pirojpur in Sessions Case No. 32 of 1987 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Taka 500, in default of payment of which to suffer rigorous imprisonme......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......llegal or unenforceable. 18. He also cites the case of Central Inland Water Transport Corporation Ltd. Vs. Brojonath, AIR 1986 (SC) 1571 wherein it is held: "The types of contract to which the principle formulated by us above applies are not contracts which are tainted with illegality but are......osts and Telecommunications (hereinafter referred to as the "MOPT"), the Government of the People's Republic of Bangladesh issued "Request For Proposals" (hereinafter referred to as RFP) (Annexure-C) for installation of 3 lac Public Switching Telephones, commonly known as land phone, in private sect......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
.... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......n to the citizens or is arbitrary per se can be knocked down by this Court. In elaborating his submission, Mr. Islam relied on the decision reported in AIR 1958 (SC) 538 with special reference to the principles of law laid down by the Indian Supreme Court in that case as to when the Supreme Court ca...... fact that in the 3rd Schedule at the import stage of the spare parts of CKD duties were exempted but at the time of sale VAT has been demanded on the sale price which includes the import price. Therefore, it is contended that the benefit which was given to the petitioners by exempting payment of su...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ...... for the illegal and mala fide acts committed by the respondents for illegally obtaining lease of the said Cattle Hat by causing revenue loss to the state and the government but would also offend the principle of fair play and justice as well as the principle of legitimate expectation of the petitio......, excluding any offer below Taka 22,50,000. 2. It is stated in the writ-petition that the Upazila Nirbahi Officer (UNO), Jibannagar, District Chuadanga, respondent No. 6, initially fixed 28-2-2005 for submitting tender to lease out the Jibannagar Shialmari Cattle Hat situated in Jibannagar Upazil......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..Category: Others | Date: | Hits: 114
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......a citizen of Bangladesh. 16. In the case of Mirza Shahab Ispahani, 40 DLR (AD) 116 as stated above, while the interpretation and the meaning of President’s Order No.149 of 1972 were made and the principle as to granting of dual citizenship also has been accepted. In paragraph 25 of that decisio......lna in Title Appeal No.114 of 1974, dismissing the appeal and affirming the judgment and decree dated 8-7-74 passed by the Munsif, 1st Court, Bagerhat in Title Suit No.67 of 1972, dismissing the suit for declaration that the plaintiff present appellant is a citizen of Bangladesh. 2. The case of t......ribed, grant citizenship to any person. (5) The government may makes rules for carrying out the purpose of this Order.” 11. We should go back to the year 1951 when another law was enacted for determination of citizenship at that time which was called Pakistan Citizenship Act, 1951 and there ..Category: Immigration and Citizenship Law | Date: | Hits: 190
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