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Displaying 2001-2020 of 6668 results.
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
.....2744 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule under section 115 of the Code of Civil Procedure at the instance of plaintiffs-petitioners calls in question the Judgment and decree dated 22-1-2007 passed by the learned Additional District Judge, 2nd Court, Noakhali in Title Appeal......rect which calls for no interference by this Court. 8. Now the point for the determination is whether the Court below committed any illegality and material irregularity in passing their respective decision which are occasioning any failure of justice. 9. There is no denying of the fact that ..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....nd make the Rule absolute. In the facts and circumstances of the case, we direct the parties to bear their own costs. Anwarul Hoque Chowdhury J.- This Rule is directed against a Judgment and order dated 25.5.72 passed by District Judge, Bakerganj passed in Miscellaneous Appeal No.186 of 1974. ......ication for removal of the Mutwalli was supported by any affidavit. This, in our opinion, has cut at the very root of the entire proceeding. Upon what materials the Administrator of Wakfs based his decision to remove the petitioner as Mutwalli, is beyond our understanding. 3. The learned Advoca..Category: Trust/Waqf Law | Date: | Hits: 134
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Anwarul Haque Chowdhury J.- This Rule arises out of an application under Article 102(2)(b)(1) of the Constitution of the People's Republic of Bangladesh and is directed against an order and Judgment dated 18‑8‑78 passed by the Sessions Judge, Patuakhali confirming the conviction and sentence pa......d in the affirmative. The position in law in this regard is that where a Tribunal passes an order or initially assumes jurisdiction for the purpose of inquiry into a matter and when under the law the decision of that Tribunal is final, not to be challenged before any other Court or on appeal, the Hi..
Category: Criminal Law | Date: | Hits: 84
Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)
....ezaul Karim. She filed an application being Miscellaneous Case No.145 of 1987 under section 488 CrPC demanding maintenance from her husband for herself and her minor daughter. Ultimately by the order dated 18‑7-88 the learned Magistrate directed the husband to pay Taka 200.00 and Taka 100.00 as ma......rce applications under section 488 CrPC are not maintainable and as such order of maintenance passed by the learned Magistrate is without jurisdiction and hence illegal. Learned Advocate then cites a decision of a learned single Judge reported in 42 DLR 450wherein it has been held that the Family Co..Category: Family Law | Date: | Hits: 133
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
....lant. No one‑For the Respondents. First Miscellaneous Appeal No.266 of 1992. Judgment Gour Gopal Saha J.- This appeal is directed against the Judgment and order dated 13‑8‑1992 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Miscellaneous Case ...... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ..Category: Procedural Law | Date: | Hits: 88
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....Advocate ‑ For Respondent Nos.1 & 2. Writ Petition No.1135 of 1994. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why the impugned order No.43/94 dated 20‑2‑94 passed by the Collector of Customs and Excise (Appeal), Chittagong refusing to ref......the availability of alternative remedy by way of appeal or revision will not stand in the way of invoking writ jurisdiction raising purely a question of law or interpretation of a statute. From these decisions it appears to be well settled that where an order of complaint suffers from inherent lack ..Category: Administrative Law | Date: | Hits: 192
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
....r) Civil Revision No.8450 of 1991 (Dhaka) Judgment Syed JR Mudassir Husain J.- By this Rule defendants opposite parties 1‑4 were called upon to show cause as to why the judgment and decree dated 10‑9‑88, passed by the learned Subordinate Judge, Rajshahi, in Tide Appeal No.191 of 1985 ......ppearing for the petitioner, has firstly submitted that both the Courts below having failed to discuss and assess the oral and documentary evidence committed error of law resulting in an error in the decision causing failure of justice. It has been further submitted that the plaintiff petitioner exa..Category: Property Law | Date: | Hits: 77
Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)
....8 of 1998. Judgment Md. Abdul Karim J.- This application at the instance of the husband‑petitioner under section 115 of the Code of Civil Procedure is directed against the judgment and decree dated 3‑3‑98 passed by the learned Subordinate Judge, 2nd Court, Bogra, in Family Appeal No.14/1...... to apply for his custody, but so long as the custody of the children remains with the mother, he cannot on any plea refuse to pay maintenance for the children. In this connection we may refer to the decision in the case of Kuppala Krishtappa Vs. Premaleelamani, AIR (29) 1942 Madrass 705. This is fo..Category: Family Law | Date: | Hits: 136
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....ioner the instant Rule was issued calling upon the respondents to show cause as to why the impugned notice of final demand bearing, Nothi No.৪/মুসক/৮(৩৫)/সেবা/৬/৬১৩০ dated 12-12-2006 (Annexure-"U") issued by the respondent No.3 and the Memo bearing Nothi No.৮(......ate Code and heading for the service provided by the petitioner, because the Appellate authority has no authority to consider such matters on appeal. In this regard the learned Advocate referred to a decision passed by their Lordships Md. Awalad Ali and Md. Tariq-ul-Hakim as reported in 55 DLR 691 w..Category: Fiscal/Taxation Law | Date: | Hits: 168
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....loss. 9. Considering the frequently occurrence of deaths, petitioner No.1 sent a legal representation to the Secretary, Ministry of Public Works vide Memo No.PIL and Advocacy Cell-BLAST/161/040607 dated 5-6-2007, Annexure-B seeking information as to what instructions and guidelines the respondent......ees as shall be required for proper administration of the Code and as authorized by the Authority. 53. Section 2.3 of Part 2 provides for a 'Board of Appeals' to hear and decide appeals of orders, decisions or determinations made by the Building Official related to the application and interpretat..Category: Labour and Industrial Law | Date: | Hits: 163
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
..... Md. Mujibar Rahman with Mohammad Nurul Haque - For the Opposite Parties. Civil Revision No.3187 of 2005. Judgment Shahidul Islam J.- This Rule is directed against the Judgment and order dated 5.6.2005 passed by the learned Joint District Judge, Court No.2, Kishoreganj, in Miscellaneous......the plaintiff took an attempt to frame another committee. At this the plaintiff was rebuked by the concerned Upazilla Education Officer. The executing committee held a meeting on 29.1.2005 for taking decision against the aforementioned activities of the plaintiff and the plaintiff was directed to fu..Category: Civil Law | Date: | Hits: 107
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....er section 439 of the Code of Criminal Procedure, 1898, (the Code) has been issued at the instance of the accused-petitioners against the Opposite Parties to show cause as to why the impugned order dated 21.10.2004 passed by the learned Sessions Judge, Cox's Bazar in S. T. Case No.112 of 2004 aris......ly, he has prayed for quashing the impugned order and also for stay of the proceeding of Special Tribunal Case No.112 of 2004. In support of his contention the learned advocate has placed before us a decision reported in 43 DLR (AD) (1991) 102, Zakir Hossain and others Vs. The State and another. ..Category: Criminal Law | Date: | Hits: 54
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....r the opposite party. Civil Revision No. 4128 of 2009. Judgment Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the Order No.102 dated 14.10.2009 and Order No.103 dated 18.10.2009 passed by the learned Joint District Judge and Ar......assing the impugned order without properly applying his judicial mind into the facts and circumstances of the case and law bearing on the subject and the same has resulted in an error in the impugned decision occasioning failure of justice. He next submits that the executing Court having failed to a..Category: Civil Law | Date: | Hits: 129
Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)
....Advocate - For the Petitioners. No one appears - For the Opposite parties. Civil Revision No.1307 of 2001. Judgment Mr. Sheikh Abdul Awal J.- This Rule is directed against the order No.80 dated 01.08.2000 passed by the learned Subordinate Judge, 1st Court Naogaon in Title Appeal No.182 o......e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ..Category: Property Law | Date: | Hits: 96
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....an Miah J.- This Death Reference being No.28 of 2005 has been sent by the Learned Sessions Judge, Meherpur for confirmation of death. This death Reference is directed against the judgment and order dated 15-03-2005 passed by the learned Sessions Judge, Meherpur in Sessions Case No.14 of 1997 arisi......ernal points of falsehood in their evidence on any point and as such the impugned judgment calls for no interference by this court. 16. Learned Assistant Attorney General for the State cited the decision in the case of Hazarat Ali & Abdur Rahman Vs. State reported in 42 DLR 177, the case ..Category: Criminal Law | Date: | Hits: 106
Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....- This Rule, at the instance of the convict -petitioner Ejlash Mia, was issued calling upon the opposite parties to show cause as to why the impugned judgment and order of conviction and sentence dated 8.4.2001 passed by the Special Tribunal No., 14 (in charge), Chittagong in Special Tribunal Ca......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ..Category: Criminal Law | Date: | Hits: 90
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....Md. Fakhar Uddin, Advocate - For the opposite party No.1. Civil Revision No.3086 of 2008. Judgment Syed Md. Ziaul Karim J.- Leave was granted to consider whether the judgment and order dated 21.07.2008 passed by learned District Judge, Barguna, rejecting Civil Revision No.04 of 2008 a......in the facts and circumstances of the case. So the grounds urged and contentions advanced by the learned Counsel for the petitioner are not correct exposition of law, however, I have gone through the decision reported in 27 DLR 72 as referred by him. I am in respectful agreement with the principles ..Category: Limitation Law | Date: | Hits: 147
Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....party No.2. Civil Revision No. 4201 of 2005. Judgment Muhammad Abdul Hafiz J.- This Rule was issued calling upon the opposite parties to show cause why the impugned judgment and order date 17.8.2005 passed by the learned District Judge, Dhaka in Miscellaneous Appeal No.283 of 2005, a...... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ..Category: Civil Law | Date: | Hits: 89
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....er or orders passed as to this Court may seem fit and proper. A further Rule Nisi issued in Writ Petition No.2669 of 2000 calling upon the Respondents to show cause as to why the impugned agreement dated 2 December 1997 (being the Chittagong Hill Tracts Peace Accord) signed by the Convenor of the ...... of the President. It is explained that it is the usual practice for Governments to adopt political policies for good governance, and in the case of the CHT too, the Government undertook a policy decision to bring back peace and stability to a part of the country that had suffered political un..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....iscellaneous Case No.3472 of 2006. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application under section 561A of the Criminal Procedure Code for quashing the Judgment and order dated 29.01.2004 passed by the learned special judge, special Tribunal Court No.6, Kishoregonj in Sp......ble attribute of the position it holds with respect to the Courts subordinate to it. Thus, the High Court Division is a proper case possesses the inherent power to quash any proceeding, Judgment or decision of any Court/Tribunal subordinate to it. But this power must be exercised very sparingly, c..Category: Criminal Law | Date: | Hits: 99
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