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....ecial Original Jurisdiction)
Present:
Mustafa Kamal J
Nurul Huque Bhuiyan J
Md. Fazlur Rahman & others…………………Petitioners
Vs.
Government of the People's Republic of Bangladesh repreÂsented by the Secretary, MiniÂstry of Home Affairs, Dhaka & others………â€...... 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.......mander, Dinajpur made a surprise visit to the border areas of the said Boirchuna border outpost. The petitioner No.1 states that the said respondent No.3 sent a Bangladesh Rifleman to the outpost inÂforming that some smugglers were caught with some old cycles and some pieces of clothes and he asked...... 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...
Category: Others | Date: | Hits: 167
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....A. Rashid, Abdul Majid Khan, A.B. Siddique, M.A. Jalil and Md. Jafrul Huq as Directors of M/S. Decent Oil Mills Ltd., Pabna applied for loan to the then Industrial Development Bank of PaÂkistan (now Bangladesh Shilpa Bank) for a loan in foreign exchange (Deutsche Marks) and local currenÂcy and the......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. ......nd convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul Huq, Special Tribunal, Pabna on 7.2.87 in Special Tribunal case No.27/85 and sentenced to suffer R.I. for 3 years and to pay a fine of Tk. 7,00,000/-, in default, to suffer R.I. for 1 year more. The sen......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. ..Category: Criminal Law | Date: | Hits: 108
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....igh Court Division (Dhaka) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Jalaluddin............................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government Rural Development & Coope......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.......ali, district Sylhet. He has stated that 6 Union ParÂishads namely, Khadimpara, Toker Bazar, Mollargaon, Tultiker, Kuchai and Baraikhandi are adÂjacent to Sylhet Pourashava. The inhabitants of the aforesaid 6 Union Parishads made representations to the relevant authorities on several occasions for......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...Category: Property Law | Date: | Hits: 108
....lt all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......sions in England and we shall rest content with citing only one, namely, the case of Viney Vs. Bignold, (1887), 20 Q.B.D. 172. A clause in a fire policy affected with the Norwich Union Fire Insurance Society statÂed that:—
"If any difference shall arise in the adjustÂment of a loss, the amoun......er inÂstituted Title Suit Nos.25 of 1970 and 26 of 1970 in the Court of the Subordinate Judge at Khulna against Adamjee Insurance Co. Ltd. and Eastern FedÂeral Union Insurance Co. Ltd. respectively for passÂing a judgment in terms of the award under section 17 of the Arbitration Act. On the appli......lt all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
..
Category: Business or Commercial Law | Date: | Hits: 290
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....a Singh Manipuri and others 25 DLR 327; Abdul Hafiz and others Vs. Mafizuddin and others 7 DLR, 577; Girijanandini Devi Vs. Bijendra Narain Chowdhury A.I.R. 1967 S.C. 1124; Mahmud Ali and another Vs. Bangladesh & ors. 1986 BLD (AD) 56. Lawyers Involved: M.A. Mannan, Advocate—For the Peti......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115....... Suit No.245 of 1975 should not be set aside. 2. A suit being T.S.No.254/1975 was filed by the plaintiff opposite party against the defendants peÂtitioners in the 1st Court of Sadar Munsif Sylhet for declaration of his right of pathway over the disputed second schedule land of the plaint which i......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115...Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
.... (Special Original Jurisdiction) Present: Syed Misbahuddin Hossain J Habibur Rahman Khan J Emdadul Hoque Miah............................Petitioner Vs. The People's Republic of Bangladesh............Respondents Judgment June 26, 1989. Result: The Rule is, accord......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.......tion of the office the petitioner has been disÂcharging his function as Chairman of the Parishad to the satisfaction of all concerned. The term of the ofÂfice of the Upazila Chairman previously was for 3 years and thereafter it was extended for a period of 5 years by way of an amendment of section......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
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....ent application) and that he is entitled to be a shareholder of the said company on payment of his required subscription. He also prayed for a declaration that the license dated 22.3.83 issued by the Bangladesh Bank, Banking Control Department to the present sponsors of National Bank Ltd. without th......atter. Therefore, we do not find any ground for interference. In the result, the Rule is disÂcharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103....... the appeal and reversing the judgÂment and order dated 1.11.83 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Title Suit No.116 of 1983. 2. The plaintiff-opposite party filed the aforesaid Title Suit for a declaration that the plaintiff is the sponsor Director of National Bank Lt......atter. Therefore, we do not find any ground for interference. In the result, the Rule is disÂcharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103...Category: Business or Commercial Law | Date: | Hits: 282
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....ourt High Court Division (Dhaka) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Alam Ara Huq..................Petitioner Vs. The Govt. of Bangladesh, represented by the Secy., Ministry of Home Affairs and ors…………………………......judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......etenu Ansarul Huq, son of late Azizul Huq, Ex-Manager, Agrani Bank, Khatunganj Branch, Chittagong at present of 86/1, Dhaka Nagar Lane, Dhaka, now detained in Chittagong Jail, should not be brought before this Court, so that this Court may satisfy itself that the said detenu is not being held in cus......judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....nce. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161....... Judge, Additional Court, Dhaka in Title Suit No.27 of 1989. 2. The Rule was issued at the instance of defendant Government calling upon the plaintiff‑opposite party to show cause as to why the aforesaid Judgment and decree of the Courts below should not be set aside. 3. The opposite party i......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161...Category: Property Law | Date: | Hits: 107
....
(Special Original Jurisdiction)
Present:
Habibur Rahman Khan J
MM Ruhul Amin J
Saleem Ullah………………………Petitioner
Vs.
Md. Abdur Rouf, Chief Election Commissioner of Bangladesh Election Commission and others………………………Respondent
Judgment
June 5...... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
...... Attorney-General and Mir Hashmat Ali Assistant Attorney-General - For the Respondent No.2.
Writ Petition No. 1087 of 1994.
Judgment
Habibur Rahman Khan J.- The matter could not be taken up for hearing on merit on the date fixed on 4.6.95 as the petitioner filed an application for referrin...... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
..
Category: Procedural Law | Date: | Hits: 136
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137........- Thus Rule calls in question the Judgment and order dated 26.8.89 passed by the Subordinate Judge, Serajganj in Miscellaneous Appeal No.28 of 1989 allowing the appeal and reversing the Judgment and for order dated 25.4.88 passed by the Assistant Judge, Serajganj in Miscellaneous Case 62 of 1985 di......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137...Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... Abdus Samad Azad and others…………...Appellants (In Writ Petition No. 2195 of 1991) Moudud Ahmed…………...Appellants (In Writ Petition Nos. 2213 and 2238 of 1991) Vs. Bangladesh through the Secretary, Ministry of Law & Justice and others……......Respondent (In......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. ......sh moved by Abdus Samad Azad and 6 other Members of the Parliament namely, Suranjit Sen Gupta MP, Tofael Ahmed MP, Mrs. Matia Choudhury MP, Rahmat Ali MP, Md. Nasim MP and Prof. Abdul Hafiz MP prayed for issuance of a Rule calling upon the respondents to show cause as to why the impugned legislation......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. ..Category: Constitutional Law | Date: | Hits: 414
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
.... The State ................Opposite Party Judgment February 12, 1992. Result: The revisional application is allowed and the Rule made absolute. Case Referred to- Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD)70. Lawyers Involved: Serajul Huq, Advocate â€......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......ase No.11 of 1988. 2. The facts of the case are that while the learned Special Judge was trying the above Special Case against two accuseds Abdul Kashem and Afseruddin and the case was taken up for argument after examination of the witnesses, on 3.4.90, the learned Special Judge observed that ......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ..Category: Criminal Law | Date: | Hits: 78
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....‑ For Respondent Nos. 1 & 5. Writ Petition No.1781 of 1990. Judgment Md. Badruzzaman J.- On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued on 15.8.90 calling upon the respondents to show cam as to why the...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......e declared to be illegal, without jurisdiction and without lawful authority and are of no legal effect and why the said proceeding should not be quashed. 2. The case of the petitioner, relevant for the purpose of disposal of the Rule, is that the petitioner No.1 is the Chairman of the Board of...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582...Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
.... September 24, 1992. Result: The rule is discharged. Cases Referred to- Abdul Kader Chowdhury and others Vs. State, 28 DLR (AD) 38; Abdul Ali and another Vs. State 30 DLR 58; Bangladesh Vs. Ten Kheng Hock, 31 DLR (AD) 69; Hasanuddin Vs. State, 34 DLR 287. Lawyers Invo......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......minal Revision No. 644 of 1992. Judgment Habibur Rabman Khan J.- This application under section 561A of the Code of Criminal Procedure moved at the instance of the accused petitioner, the former Chairman of DIT (now RAJUK) which a Rule was issued by this court on 24.592 calling upon the ......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......urt of Munsif, Natore on the allegation that petitioner No.1 Musammat Lai Banu is the youngest of all five daughters of the plaintiff-opposite party who used to love her very much and got her married for second time after petitioner was divorced by her first husband. Petilioner's 2nd husÂband used ......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...Category: Property Law | Date: | Hits: 134
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....s Case is also Reported in: 41 DLR (HCD) (1989) 513.......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513....... its hull at Capetown. It was partially repaired and made seaworthy but while passÂing through Chalna it developed engine trouble and it was taken to the Marine Workshop of the B.I.W.T.A. at Barisal for thorough repair. The defenÂdant petitioner made inordinate delay in repairing the oil tanker an......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513...Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....D) 173; AIR 1953 (Bom) 445; AIR 1958 (Rajasthan) 145; Messrs MM Ispahani Vs. Sonali Bank, 37 DLR (AD) 1; Maridas Ramchordas Vs. Mercantile Bank of India Ltd., 47 ILR (Bom); Professor A Rahim Khan Vs. Bangladesh, 7 BLT (AD) 313; Mirzaboo Steels Limited Vs. Government of Bangladesh, 59 DLR 141; Sonali......l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......dgment dated 26-1-1997 and decree dated 22-1-1997 passed by the Artha Rin Adalat, Kushtia in Artha Rin Suit No.131 of 1993 decreeing the suit without interest pendent lite. 2. The questions arisen for consideration: (i) whether the Court is empowered to refuse interest pendent lite while decre......l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ..Category: Civil Law | Date: | Hits: 141
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....ngle judgment disposed of ITA Nos. 279-286/1991-92. 2. The petitioner’s case, in short, is that, it is a non-resident corporation having its Head Office in Seoul, Korea, was permitted to work in Bangladesh in the year 1981 by the work permit dated 13-4-81 and they established an office at Dhaka......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333....... Md. Aftabuddin, Advocate — For the Respondents. Reference Application Nos. 68-75 of 1984. Judgment Mahmudul Amin Choudhury J.- Reference Application Nos.68/75 of 1994 have been taken up for judgment as common question of law and fact is involved in these reference applications preferre......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333...Category: Fiscal/Taxation Law | Date: | Hits: 254
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
.... defendant petitioners, submits that the appellate Court committed error in the decision in dismissing the appeal inasmuch as the suit itself was not maintainable without impleading the Government of Bangladesh as a defendant as required under Article 6 of President’s Order No.142 of 1972 and that......nforcement of mortgage security in relation to any immovable property except where the mortgagee is the government or a local authority or a schedule Bank or a statutory Corporation or a Co-operative Society; or (c) for partition of immovable property where the total area of the property involved...... Appeal No. 242 of 1990 affirming those dated 5-8-90 passed by Additional Assistant Judge, Court No.1, Jessore Sadar, in Title Suit No.51 of 1980. The opposite parties as plaintiffs filed the suit for specific performance of contract covering the properties of schedule ‘Ka’ and ‘Kha’ meas......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ..Category: Procedural Law | Date: | Hits: 129
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