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Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......still not wholly free. He is not to innovate at pleasure. He is not a knighterrant roaming at will in pursuit of his own ideal of beauty or of goodness. He is to draw his inspiration from consecrated principles. He is not to yield to spasmodic sentiment to vague and unregulated benevolence. He is to......ahima Nasrin, Assistant Attorney-General-For the State Opposite Party No. 1. Rabeya Bhuiyan, with Sadiqun Nahar Papri, Shamsee Ara Begum, Majumder Saiful Islam and PC Guha, Advocates ‑ For the Informant. Criminal Miscellaneous Case No. 9087 of 2001. Judgment AK Badrul Haq J.- The claim......sponding to non GR Case No. 2033 of 2001 under sections 465/467/468//469/471/506 and 34 of Penal Code pending in the court of Metropolitan Magistrate, Chittagong. 2. The question that survives for determination is, whether petitioner's, request for Anticipatory Bail can be accepted and if accepte..Category: Criminal Law | Date: | Hits: 79
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......without jurisdiction or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or it has acted malafide or in violation of the principle of natural justice in the absence of any such conditions the interference by the High Cour...... 49 DLR (AD) 161.
Lawyers Involved:
M. I. Farooqui, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For the Petitioner.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 934 of 2008.
(From the judgment and order dated 27.11.2007 passed by the ......5BLD (AD) 175 wherein their lordship held that the High Court Division exercising power under Article 102 of the Constitution does not work as a Court of appeal and as such it is not required to make determination of facts of its own. It can interfere with the findings of a Tribunal of facts under i..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......hat: “It has been noticed that the High Court Division in holding as above relied on another decision of this Division 11 BLD (AD) 227. In that decision it has been, inter-alia, observed that in principle where an alternative statutory remedy is available an application under article 102 may no...... the Board of Investment. 3. In course of business the petitioner company obtained an Indent on 22-8-94 (Annexure B) from Gardener Smith (South-East Asia) Private Limited, 37 Graig Road, Singapore for the import of 3,000 metric tons of Crude Degummed Soyabean Oil and the price quoted in the inden...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......-emptees contested the case by filing a written objection and contended, inter alia, that the case is barred by limitation. It was further contended that the claim of the pre-emptors is barred by the principles of estoppel, waiver and acquiescence. The contesting opposite parties also contended that......peal No. 72 of 1988 reversing the judgment and order dated 29-9-88 passed by the Assistant Judge, Gobindaganj, in Miscellaneous Case No. 64 of 1984 disallowing pre-emption. 2. Short facts relevant for the purpose of the case are that, opposite party Nos.1 and 2 as pre emptors filed a case land un......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..Category: Property Law | Date: | Hits: 56
.... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
......nd others........Respondents
Judgment
January 23, 2008.
Lawyers Involved:
Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner.
Not Represented-the Respondents.
Civil Petition for Leave to Appeal No. 549 of 2007.
Judgment
Mohammad Fazlul Karim J.- The petition for Leav......roperties. Both the Government and the petitioner are claiming title to the aforesaid hats, Bazars and jalmahal for which the tenders were invited for lease by the Government. It appears that without determination of title of the petitioner to the disputed hats, Bazars and jalmahal by a competent Co..
Category: Property Law | Date: | Hits: 71
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ...... the same is exercisable in two ways. The power of review is exercised in two ways-(1) Changing the decision of a case by reviewing the judgment originally delivered in that case and (2) overruling a principle of law enunciated in a previous case. In a leading case Kaikaus, J observed— “On a ...... 2328 and 2329 of 1998 have sought to be reviewed on the ground stated in the applications. In these petitions it is stated that the Appellate Tribunal did not consider the petitioner’s declaration form and further the petitioners were heard by a Special Bench not duly constituted and hence it is ......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......submitting that the executing Court issued the warrant of arrest without any prior notice to show cause as required under Order XXI rule 37 of the Code of Civil Procedure and also in violation of the principle of natural justice, and as such the impugned order has been passed without lawful authorit......Bangladesh represented by the Secretary, Ministry of Law and others, 14 BLC 107, A B M Shirajum Monir Vs. Subordinate Judge and others, 14 BLC 716. Lawyers Involved: M. Moksadul Islam, Advocate-for the petitioner. Md. Golam Mostafa-for the respondents. Writ Petition No. 9797 of 2008 J......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 169
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......ty Grants Commission and, as such, malafide. Thirdly, the impugned publication is violative of Articles 26, 27, 28, 31, 32, 39, 40, 41 and 42 of the Constitution. Fourthly, such notice is against the principle of natural justice as the petitioner was not given an opportunity of hearing. Lastly, publ......declared to have been passed without lawful authority and is of no legal effect. 2. The founder of the petitioner, Dhaka International University, applied to the then Education Minister on 21-5-95 for permission to establish the University. On receipt at the same the Hon’ble Minister directed t......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ..Category: Others | Date: | Hits: 104
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......19 DLR case the trial was held by a competent court of law but in the instant case the petitioner was tried by a court which had no jurisdiction at all to try the case. In that view of the matter the principle enunciated in 19 DLR cannot be applied in the instant case. The learned Advocate finally s......s Rule was issued calling upon the respondents to show cause as to why the order date 26th November 1996 passed by the respondent No.1, Sessions Judge, Noakhali, in Miscellaneous Case No. 353 of 1996 for fresh trial of GR Case No.1 of 1983 of the Court of Magistrate, 1st Class, Noakhali should not b......rity in law to try the case. Thus the entire trial was illegal and without jurisdiction and hence void. So, the trial in question was no trial in the eye of law. 8. Now the question that calls for determination is whether in the facts and circumstances of the case the ordinary Criminal Court has ..Category: Criminal Law | Date: | Hits: 56
....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......ision Case No. 874 of 1994 with Criminal Revision Case No. 875 of 1994.
Judgment
SK Sinha J.- Since facts and points of the law involved in these Rules are identical they were taken up together for hearing and this judgment would govern both the Rules.
2. Points raised by the learned Advoca....... 874 of 1994
4. In this Rule complaint-opposite party No. 1 Md. Abul Kashem nude a complaint under section 25(a) of the Employment of Labour (Standing Orders) Act, 1965 against the petitioner for determination of benefits as per law. The case was registered as complaint case No. 221 of 1996. The..
Category: Labour and Industrial Law | Date: | Hits: 184
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......gladesh Telecom (Pvt.) Limited Vs. Bangladesh Telegraph and Telephone Board and another, 48 DLR 20 (AD) 1996 to contend that impugned notice was served without any show cause notice which offends the principle of natural justice and is malafide. The learned Judges of the Appellate Division addressed......d ors, 1977 (SC) 1496 and State of Punjab vs. Balbir Singh and ors, at page 1717; ATM Mehtab Majid and Co. vs. State of Madras and another 1963 (SC) 928. Lawyers Involved: Rafique-ul-Huq with Zaforullah Chowdhury and Hasanul Karim, Advocates — For the Petitioners. Habibul Islam Bhuiyan wi......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ...... others reported in 46 DLR (AD) 89 it has been observed that after compensation is paid for acquisition of lands no order can be made for derequisition of such acquired land. In the above case the principle which was expounded in 27 DLR 597 was discussed which is in the following terms: “It ......dent No.3 in connection with LA Case No.127/61-62 should not be declared to have been passed without any lawful authority. 2. Common question of law seems to be involved in all the Rules, we, therefore, dispose of the Rules by this single judgment. 3. In Writ Petition No.337 of 1999 the petiti...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......ter and is engaged in the business, inter alia, of import of Sodium Saccharin. The petitioner opened a letter of credit No.AIB/MVI/97 149 dated 7-5-97 with the Al Arafah Islami Bank Ltd. Moulvi Bazar for import of sodium saccharin as specified under HS Code No. 2925.11.00. It is stated that pursuant...... parties an opportunity of being heard, if they so desire it may pass such order as it thinks fit including fixing the price of the subject goods for final assessment. Now the question which requires determination is whether the Appellate Tribunal has exercised the statutory discretion arbitrarily, ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....he petition is declared to have 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: 52 DLR (HCD) (2000) 361.......uq, the learned Advocate appearing for the petitioner submits that the cancellation of the licences of the petitioner in respect of the firearms in question have been passed in clear violation of the principle of natural justice because before cancelling the licences the petitioner was neither heard......ng with firearms licences with Mirpur Police Station on the ground that his licences have been cancelled by the Ministry of Home Affairs. The petitioner as law abiding citizen in compliance with the aforesaid direction immediately deposited the firearms with Mirpur Police Station and being aggrieved......he petition is declared to have 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: 52 DLR (HCD) (2000) 361...Category: Others | Date: | Hits: 105
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ...... such breach has been committed by the respondent in the instant case. 13. In Associated Provincial Picture Houses Ltd Vs. Wednesbury Corporation reported in All England Law Reports Vol. 2 680 the principle enunciated is that the Court can interfere with an act of an executive authority if it be ......anneries had been under the management of the Bangladesh Tanneries Corporation an amount of Taka 1,00,000,00.00 as non-development loan from ADP fund was sanctioned on 29-9-75 in the name of all the aforesaid tanneries for the purpose of purchasing raw skin during the Eid-ul Azha. It has been stated......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ..Category: Others | Date: | Hits: 95
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......ssion is to be accorded to the plaintiff to withdraw a suit to sue afresh in respect of the same subject-matter is a matter of judicial discretion which is to be exercised according to sound judicial principle and not fancifully. If the requirements of Order 23 rule 1(2) of Code of Civil Procedure a......side the judgment and decree dated 29-6-1983 passed by the Second Court of Munsif, Bogra in Other Class Suit No.153 of 1977 dismissing the suit has been called in question. 2. Short facts relevant for the purpose of the case are that, petitioner Md. Habibur Rahman Paikar as plaintiff instituted a...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......extent of 0.24 acre of land since 22-3-1975. In this regard, it is worthwhile to quote West J in the case of Shaik Ibrahim Vs. Shaik Suleman 9 JLR Born 146; “as to the delivery of the house, the principle is to be borne in mind, that when a person is present on the premises proposed to be deliv......f 1983, should not be set aside. 2. The plaintiff-petitioner filed a suit being Title Suit No.19 of 1983 in the Court of Munsif, Second Court Khulna, against the defendant opposite parties praying for declaration of his title in the suit land contending inter alia, that 0.47 acre of land mentione......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ..Category: Property Law | Date: | Hits: 72
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......LD 1964 SC 26=16 DLR (SC) 94 the Supreme Court of Pakistan dealt with the scope of interference against an order of acquittal. Hamoodur Rahman, J (as his Lordship then was) stated as under: “The principles which have been consistently followed by this Court for justifying interference with orde......ion No. 55(C)/1988. Judgment AK Badrul Huq J.- The subject matter of challenge in this Rule issued on an application under section 439 of the Code of Criminal Procedure at the instance of the informant-petitioner is the judgment and order of acquittal passed upon the accused-opposite-parties i......, influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43...Category: Criminal Law | Date: | Hits: 42
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ...... Clause 3 of BOI registration certificate, Clause 3 becomes redundant and has no force of law. He further submitted that in cancelling the registration, the respondent No. 1 has not complied with the principle of natural justice so far it relates to giving a personal hearing to the petitioners and t......rn factory in Gazipur and that the products of the petitioner-company are absolutely non-alcoholic in nature. The petitioner-company was registered with the Board of Investment, the respondent No. 1, for manufacturing "malt beverage”, evidenced by Annexure "B" to the Writ petition, and started pro...... has argued at the outset that under the Narcotics Control Act,1990 the products of the petitioners are not 'alcoholic products' within the meaning of section 2(Kha) of the Act and that the issue for determination in this writ petition is not whether the petitioner manufactured "alcoholic or non-alc..Category: Others | Date: | Hits: 182
State Vs. Babul Miah, 2010, 39 CLC (AD)
....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66....... Babul Miah were voluntary and true. This judicial confessional statement of accused Babul Miah which has been marked as exhibit 11 has also been recorded in accordance with law. It is a well settled principle of law that the confessional statement of an accused if voluntary and true can be the sole......passed by the High Court Division in Death Reference No. 20 of 1992 heard along with Jail Appeal No.1069 of 1992.) Judgment Surendra Kumar Sinha J.- The Respondent Babul Miah was put on trial before the learned Sessions Judge, Brahmanbaria to face charges punishable under sections 302/34 and 3......al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66...Category: Criminal Law | Date: | Hits: 58
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