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Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......uthority’ as mentioned in section 2(d) above Public Servants (Retirement) Act. 1974 should be regarded as only an authority which is ordinarily charged with the function of self government and have power of making by-laws, of imposing and of maintaining and administering a local fund. 6. Mr. Is......zlul Karim J Md. Tafazzul Islam J Sayed Nurul Hossain…….. Petitioner Vs. Secretary, Ministry of Industries.……………...Respondents Judgment June 8, 1998. Cases Referred to: Managing Director and Chairman National Bank of Pakistan vs. Ataul Huq, 17 DLR (SC) 74; 13 DL......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226...Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......latest decision on exercise of inherent jurisdiction by this Court under section 561A Cr.P.C. in 46 DLR (AD) 67 where our Appellate Division has held the High Court Division may exercise its inherent power to quash a proceeding or even a conviction on conclusion of trial where the Court concerned go......iminal) Present: Md. Nurul Islam J Md. Hassan Ameen J Shahidul…………….. Petitioner Vs. State ………………..Respondent Judgment August 13, 1998. Cases Referred to- Mofazzal Hossain Mollah and others vs. State 45 DLR (AD) 175 & Md. Sher Ali and others vs......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222...Category: Criminal Law | Date: | Hits: 33
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ...... trial was not proper and without jurisdiction the judgment, order of conviction and sentence should be quashed and the appellants be acquitted. He is also of the view that the appellate Court has no power to send back the case for its trial by a competent Court. He has also pointed out that the Cru...... Md. Hamidul Haque J Md. Hassan Ameen J Ekramul Huq @ Bachchu and another…………………Appellants Vs. State………….Respondent Judgment March 9, 1999. Cases Referred to- Dharmasena vs. King Criminal Law Journal, 1950 Vol.50 page 1997, Abdul Ghani vs. Emperor Indi......ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ..Category: Criminal Law | Date: | Hits: 90
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
.... named, (1) Enron Oakland (2) Shell & Cairn (3) Unocal & Triton, Pangac OMV. 10. The respondent No.1 and 3 have slowed down or suspended BAPEX’s exploration activities in the pretext of financial constraint, though the respondent no.3 has adequate income from gas marketing, which, is a......ed and Jalalabad Gas Transmission and Distribution System Ltd., who supply gas, produced by two companies of Petrobangla, named Bangladesh Gas Field Company Ltd. and Sylhet Gas Field Company Ltd., to power plants, fertilizer factories, industrial and commercial concerns and household consumers. Petr......shtra Vs. Lok Shikshan Sanstha (AIR 1973 SC 588); N. Ramanath Pillai Vs. State of Kerala AIR 1973 SC 2641; Sanjeev Coke Mfg. Co. Vs. Bharat Coking Coal Ltd. (AIR 1983 SC 239); Maharastra SBOS Vs. Paritosh (AIR 1984 SC 1543); Union of India Vs. Cyanamid India Ltd. (AIR 1987 SC 1082); State of UP Vs. ......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....s made to suffer imprisonment for a further period fixed by the Court. It must be clearly understood by all concerned that the fine imposed by the Criminal Court upon an accused is of the nature of a financial punishment as distinguished from physical punishment and it must be realised from him unde......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......………Appellant Vs. State …………………Respondent Judgment March 7, 2000. Lawyers Involved: Md. Waliul Islam, Advocate—For the Appellant. FKMA Mahbub, Assistant Attorney-General—For the State. Criminal Appeal No.2087 of 1996. Judgment Gour Gopal Saha J......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ....... Learned Deputy Attorney-General Shahabuddin Ahmad appearing for the Respondent No.2 refers to the provisions of section 9 of the Anti-Corruption Act, 1957 and submits that in view of said section 9 power or duty under section 4(1) of the Act upon the Government have been delegated to be exercised ......d To- Mustafizur Rahman and 3 others Vs. DG, Anti-Corruption and others, 49 DLR 599; 51 DLR 728. Lawyers Involved: Abdul Malek, Advocate—For the Petitioner. Shahabuddin Ahmad, Deputy Attorney- General—For the Respondent. Writ Petition No.723 of 1994. Judgment Md. Abdul Qudd......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ..Category: Criminal Law | Date: | Hits: 78
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......the Evidence Act, he must prove the facts entitling to him the benefits under either of the laws. He is required to prove that ‘he, after taking reasonable care to ascertain that the transferor had power to make the transfer, acted in good faith’. I am supported by the authorities in case of Sun......ainsukhdas Vs. Gowardhandas, AIR 1968 (Nagpur). Lawyers Involved: SN Goswami Advocate—For the Petitioner. Abu Salek with Md. Lokman Hossain, Advocates—For the Opposite Parties Nos. 1 (a) to 1(g) and 2. Civil Revision No. 3078 of 1994. Judgment Md. Abdur Rashid J.- This Rule was......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491...Category: Property Law | Date: | Hits: 113
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......ter. (d) The record of the suit was, thereafter, sent back to the Family Court for fresh disposal. (e) The defendant constituted his brother as the Attorney for the litigation purpose through a power of Attorney. The constituted Attorney on 3-3-1998 presented an application before the Court, f...... Present: AK Badrul Huq J Atiqur Rahman (Md.) ……………………..Petitioner Vs. Ainunnahar……………………….Opposite Party. Judgment June 24, 1999. Case Referred to- Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 43 DLR 543. Lawyers Involved: Lu......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453...Category: Procedural Law | Date: | Hits: 67
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....-6-91 is maintained. 8. 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: 52 DLR (2000) 450. ...... (ii) Provisions of section 5 of the Limitation Act, 1908 shall apply to applications under sub-rule (1). From a reading of the aforesaid Rule it is found that the learned Appellate Court has the power to re-admit an appeal earlier dismissed for default on being satisfied that the appellant was ......rving any copy of the application upon the petitioner’s Advocate the same has occasioned failure of justice. The learned Advocate further submits that in view of the fact that the appellants failed to prove that they were prevented by sufficient cause from appearing before the Court when the appea......-6-91 is maintained. 8. 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: 52 DLR (2000) 450. ..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ...... of collecting income tax from persons who, in his opinion, have taxable income in any assessment year. A great deal of confidence is reposed on the DCT by the revenue and he is vested with unlimited power in the matter of assessment of total income of a citizen. The DCT enjoys a peculiar legal stat...... accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....thheld payment of Taka 1 lac, did not co-operate with the plaintiff company in realizing the claim for damage from Insurance Company, obstructed the plaintiff in getting loan from the other Banks and financial organisations and thus caused huge loss to the plaintiff company. The further case of the ......in the suit. In support of his contention the learned Advocate referred some decision. There is no cavil on this point and Dr. Rafiqur Rahman also candidly submits that in a proper case the Court has power to take resort to rule 10(2) of Order I. Moreover in the facts and circumstances of the presen......ladseh Krishi Bank and others……………………Defendant-Appellants Vs. Al-Haj Md. Nurul Islam & another………………..Respondents Judgment November 23, 1999. Cases Referred to- Hafizuddin Sarker and Lakjan Bewa being dead their heirs: Nur Hossain and others Vs. Banglad......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ..Category: Civil Law | Date: | Hits: 101
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......Division could not entertain the application for bail far less passing any ad-interim order as there is a complete bar under Rule 19(gha) of the Jaruri Khamota Bidhimala, 2007 which has curtailed the power and jurisdiction of the High Court Division to grant bail and as such, the impugned order is l......………Respondent Judgment April 23, 2008. Result: The appeal is allowed. The Emergency Power Rules, 2007, Rule 19(gha) The expression Adalat or Tribunal in rule 19(gha) refer to all Courts including the Supreme Court of Bangladesh. Therefore under rule 19(gha) the Supreme Co......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..Category: Criminal Law | Date: | Hits: 100
.... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610....... the person against whom the decree was passed the court may, on such terms as to security or otherwise as it thinks fit, stay execution of the decree until the pending suit has been decided.” This power has been clearly given to an Executing Court as well as to the court in which suit impeaching ......alternately withdrawn, Opposite parties then preferred an appeal against the ex parte decree being Other Class Appeal No. 143 of 1987 which was allowed on 22-9-93 and the case was sent back on remand to the trial Court for fresh trial. Against that order of remand the petitioners obtained a Rule in ...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610...
Category: Civil Law | Date: | Hits: 81
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....ent opined that the clause of the bidding terms is a prima facie bar for revival of a bid which has been declared as non-responsive. Again, question arises whether it can be done after opening of the financial bid in bidder’s representative. Considering the above facts and circumstances we are con......মিটিতে বোর্ডের সচিবকেও এ ক্ষেত্রে অন্তর্ভূক্ত করা হোক।” 27. It cannot be said that the Board has no power to review or revise its own decision. But they cannot take a decision violating the terms and ......din Ahmed with KM Tanjib-ul-Alam, Advocates—For the Respondent No. 9. Writ Petition No.7 of 2001. Judgment Kazi AT Monowaruddin J.- This Rule was issued calling upon the respondent Nos.1-7 to show cause as to why they shall not be directed to abide by the decision of the meeting No.8823 d...... 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
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......0. In the facts and circumstances of the case, find no illegality or impropriety in the impugned order occasioning failure of justice so as to justify interference by this Court exercising revisional power under section 151(1) of the Code of Civil Procedure. We find no substance in the Rule. 11. ......diction) Present: Gour Gopal Saha J Sikder Maqbul Hoq J Sk Sohrab Ali………………Petitioner Vs. Gazi Abdur Rashid and others.................Opposite Parties. Judgment October 25, 2000. Lawyers Involved: Not represented— the Petitioner. Not represented — t......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ..Category: Procedural Law | Date: | Hits: 82
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....... belongs to the realm of contract and was first enunciated by some American Judges in construing the American Constitution. This doctrine of waiver can be invoked when the constitutional or statutory power or guarantee of a right is not conceived in public interest. But, if the privilege conferred o......arty in the Parliament. 3. While the petitioner was continuing Member of Parliament he was convict criminal case, popularly known as Janata Tower, on 7-6-1993. But he was not declared disqualified to continue as a Member of Parliament. The petitioner, thereafter, again contested the Parliamentary...... 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...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 the decree holder having practiced fraud collusively obtained the homestead of the petitioner and since the learned Subordinate Judge having found such fraud on the face of the record, he has ample power to make an order fort restoration property under section 151 CPC without any inquiry under Ord......ner is the decree-holder who obtained this Rule against the order dated 11-6-2000 of the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Execution Case No.31 of 1997 directing him to make over possession of schedule ‘Kha’ land to the third party opposite party. 2. This Rul......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. ..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.......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 temporary relief is conferre4 it is inconceivable that where the final relief cannot ......st Pakistan and another Vs. Md. Mehedi Ali Khan and others, 11 DLR (SC) 318. Lawyers Involved: Sk Afzalur Rahman with Emdadul Huq Azad, Advocates—For the Petitioner. Abdul Quayum, Deputy Attorney-General—For Opposite Parties. Civil Revision Case No. 2164 of 1999. Judgment SK Si......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...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. ......who, in fact, signed Annexure-A of his own in his personal capacity. Since this letter, Annexure-A, does not indicate that this statement was asked for by the Election Commission, which alone had the power to do so, it could not be sustained in law. Such act of asking for the statement by the Deputy...... Writ Petition No. 1642 of 2000. Judgment Md. Joynul Abedin J.- This Rule Nisi under Article 102 of the Constitution of the People’s Republic of Bangladesh Was issued calling upon respondents to show cause why the notice being No. Election Commission/Law/Sangsad/Dispute/2O/(1)/96(Part-1)/20 ......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. ..Category: Constitutional Law | Date: | Hits: 196
....om her village home at Faridpur in search of employment and shelter. She has two minor sons and survived through earnings by breaking bricks initially and thereafter she purchased a Rickshaw van with financial assistance from an NGO and she has no other place to live except this basti and that the p......, haphazard attempts would not yield any positive result in the process or rehabilitating the slum dwellers.
9. As has been stated in the Affidavit-in-opposition by respondent No.1 that a “High- powered slum dwellers’ rehabilitation committee” has been formed whereby some important measures......(HCD) (2001) 540....... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
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