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Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ...... No.4 of 1998, now pending in the First Court of Artha Rin Adalat, Nawabganj (Annexure-H), should not be declared to have been made without any lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the petitioner took agricultural loans for distribution to its..Category: Civil Law | Date: | Hits: 70
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....ty. In the other, the courts have no concern with sovereignty, but only with the established law” (Law and the Constitution by Sir Ivor Jennings, pages 151/152). 69. Prof. Marshall also scripted identical assertion. Same view on the Judicial reviewability of legislative action by the Superior C......ttees decision is simply unreasonable and devoid of the sense of proportionality. 17. Mr. A. B. M. Altaf Hussain, the learned Deputy Attorney General found no reason to resist the Rule. 18. The questions we are to address are whether or not the respondents acted unreasonably by obliterating th...... an effective guide to good decision making, and they have not the time to philosophies, then philosophers would long ago have harnessed as judges. The reality is that applying principles or rules to facts is extra ordinarily difficult, and, apart from plea of guilt there is no open and shut case...Category: Constitutional Law | Date: | Hits: 413
....clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
...... of earlier Appeal Nos.4906, 5110 and 5112 of 2007 on the same land. During proceedings of the cases, there was another inquiry by a five member committee, wherein title and possession of the land in question was found in favour of the respondents and as such the impugned order was rightly passed un......e Court).
Writ Petition Nos. 8844-8845 of 2011.
Judgment
Md. Ruhul Quddus J. -These two writ petitions have been heard simultaneously and are being disposed of by this common judgment as the facts therein are similar, and the law involved and parties are same.
2. The Rules were issued to..
Category: Property Law | Date: | Hits: 65
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......s provided that he will be eligible for confirmation‑ after completion of 12 months' satisfactory service. His twelve months service was not completed on the date of termination of service. So, the question of his confirmation in service did not arise at that time. 11. In this connection. Mr. K......le Appeal No.127 of 1985 reversing the Judgment and decree dated 8-8-85 and 17‑8‑85 respectively passed by the Munsif (Assistant Judge) Sadar, Comilla in Title Suit No.43 of 1983. 2. The short facts necessary for the disposal of this Rule are, that the plaintiff‑opposite party, Chandan Kuma..Category: Labour and Industrial Law | Date: | Hits: 137
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......emoved the aforesaid quantity of fertilizer, although he knew fully well that the police has seized and sealed the stock of the fertilizer based on the earlier F.I.R. dated 02.02.2000 and as such the question of removal of the aforesaid quantity of goods by the accused, as narrated in the F.I.R. dat...... of the Penal Code, now pending before the Court of Special Judge, Bogra, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the filing of this petition under 561A of the Code of Criminal Procedure (CrPC) bri..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......out lawful authority and for collateral purpose in including the names of the petitioners in the CIB Report for the liabilities of respondent No.3 without any basis at all and without considering the question whether they are at all liable for the same or not. 5. Being aggrieved by the inclusion ......y the respondents should not be directed to delete the name of the petitioner from the CIB Report and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in the petition are that the petitioner No.1 is a company engaged in jut..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......rected against the judgment and decree dated 29.8.1980 (decree signed on 4.9.1980) passed by the then Subordinate Judge, 2nd Court, Barisal in Title Suit No. 23 of 1978 dismissing the suit. 2. The facts of the case, in-short, are that the present appellants as plaintiffs instituted a suit being T..Category: Property Law | Date: | Hits: 146
Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)
....s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ......ecovered from her bathroom by the raiding party which was proved and supported by the prosecution witnesses and thus the appeal must fail. 8. I have perused the evidence on record, scrutinized the facts and circumstances of the case and heard the learned Advocate appearing on behalf of the appell..Category: Criminal Law | Date: | Hits: 95
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......nt of the claimed land by holding local investigation as prayed for was indispensably necessary. 8. No one appears on behalf of the plaintiff opposite party to oppose the Rule. 9. The pertinent question that calls for our determination is whether the local investigation is necessary and proper......ion of holding local investigation relaying the property is a must. It is very much needed in a suit for permanent injunction because injunction cannot be granted in a unspecified land. 18. In the facts and circumstances of the present case, we find necessity for local investigation for specifyin..Category: Property Law | Date: | Hits: 84
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
.... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ......977] 109 ITR 229 (Calcutta). 7. Anaffidavit-in-oppositionwas however filed on behalf of the respondent No.2, Commissioner of Taxes opposing the Rule. In the affidavit, it is mainly stated that the question of introduction of fresh capital of taka 13,75,000.00 was never considered in any of the as......ner of Taxes opposing the Rule. In the affidavit, it is mainly stated that the question of introduction of fresh capital of taka 13,75,000.00 was never considered in any of the assessments. 8. The facts stated hereinabove do not admit of any controversy. It appears from the assessment of the Depu..Category: Fiscal/Taxation Law | Date: | Hits: 94
Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......ney General-For respondent No.1. Md. Mohammad Helaluddin-For added respondent No.5. Writ Petition No.4223 of 2004. Judgment Md. Ruhul Quddus J. - This Rule nisi was issued calling in question a notification published in Bangladesh Gazette extraordinary dated 10.6.2004 being S.R.O. N......result the wards are still remaining with the municipality. With the passage of time, socio-economic conditions of the people and infrastructure of the area have also been developed. 14. Under the facts and circumstances, it is expected that the Government will decide the matter in accordance wit..Category: Civil Law | Date: | Hits: 131
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......2). The said order was communicated to the Chairman of the Election Board by a letter dated 25.11.2010 (annex-13). The Election Board or the petitioners did not approach the civil Court and raise the question of maintainability of the suit, but proceeded with the election in violation of the order o......direction upon the respondents to prepare a fresh voter list and declare a fresh schedule for holding the election, but the Rule was issued only against the legality of voter list. Under the peculiar facts and circumstances, this Court can interfere with the illegal voter list and pass necessary dir..Category: Civil Law | Date: | Hits: 114
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......session of the plot was also handed over to him and a lease deed for 99 years was executed and registered in his (Sader Uddin’s) favour. Respondent No.7 Kofiluddin obtained allotment of the plot in question practicing fraud upon the Housing and Settlement authority by showing himself as an affecte...... on 18.1.2012 supported by a supplementary affidavit-in-opposition affirmed on 25.7.2012 contending, inter alia, that the writ petitioners obtained the Rule and order of stay suppressing the material facts that earlier respondent No.7 Kofiluddin as petitioner moved Writ Petition No.480 of 1997 befor..Category: Property Law | Date: | Hits: 82
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......lenged. Moreover such medical evidence as to cause of death does not suffer from any infirmity or inherent defect. Thus it is well proved that abortion was the cause of death of the deceased. Now the question is whether such abortion which resulted her death was natural, that is, act of god or cause......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ..Category: Criminal Law | Date: | Hits: 69
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......the allegations in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged and in such cases no question of weighting and appreciating evidences arises. (5) The allegations made against the acc......the Penal Code now pending in the Court of Magistrate, 1st Class, Kushtia should not be quashed and/or such other or further order or orders passed as to-this-Court may seem fit and proper. 2. The facts of the case, in short, is that on 22.03.2004 at about 22.50 hours one Md. Akhtaruzzaman, Manag..Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......ho is a right man to do so. He further submits that the project was implemented after taking delivery of wheat (Exhibit 7 and 8) and master roll was submitted who adjusted the same to the PIO as such question of misappropriation does not arise. The learned Advocate for the appellant in support of hi......tagong under the Food for work Programme but the accused Badsha Alam without utilizing the entire amount for that purpose misappropriated the value of wheat at Tk.20,187.52. On the basis of the above facts, Boalkhali Police Station case No.6(2) of 1987 dated 28.02.1987 was started and Mr. Mobinul Is..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ...... wife and thus find him guilty of the charge under section 302 of the Penal Code. But before considering the evidence of the said two witnesses as indicated above we are to consider another pertinent question, namely, as to whether the trial court, that is, the learned Additional Sessions Judge coul......e of the house of Shunai he heard Shunai and 3/4 persons talking in the shop that Shunai dropped Labai and his wife in his rickshaw but Labai killed his wife and that when he asked Shunai about those facts he told him that on 15.7.89 he (Shunai) boarded Labai and his wife in his rickshaw from Ananta..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......ttorney General-For respondent Nos.1 and 4. Writ Petition No.8751 of 2011. Judgment Md. Ruhul Quddus J. - This Rule nisi at the instance of a manpower recruiting agent was issued calling in question the legality of an order passed by the Government in the Ministry of Expatriates’ Welfare...... that the petitioner not only committed misconduct, but also violated the mandate of law as well as the terms and conditions of his license. Moreover, he obtained the Rule by suppressing the material facts relating to service of notice upon him and as such the Rule is liable to be discharged. 8. ..Category: Constitutional Law | Date: | Hits: 407
Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)
....Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ...... We have gone through the unreported decision cited by the learned Advocate for the petitioner, wherein the Rule was held to be not maintainable on the reason: “As the matter relates to disputed question of facts relating to internal affairs of Satkhira District Sports Association and the writ ......e through the unreported decision cited by the learned Advocate for the petitioner, wherein the Rule was held to be not maintainable on the reason: “As the matter relates to disputed question of facts relating to internal affairs of Satkhira District Sports Association and the writ petitioners ..Category: Others | Date: | Hits: 94
....ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......(annex-J). Pursuant to the said letter, the Director (Welfare) of the Trust prepared an office note on 10.5.1999 contents of which are self explanatory and reproduced below for better appreciation of facts.
“ব্যবস্থপনা পরিচালক মহোদয়ে ৪৮ ও ৪..
Category: Others | Date: | Hits: 103
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