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....ioners to address the Court as regard the finding of the High Court Division that the writ petitioners were paid Honorarium/Rastrio Sammani Bhata for 32 years in the light of the list prepared and published in the official gazette and that before taking the impugned action i.e. canceling, curtai......s.
J. K. Paul, Advocate-For respondent 2.
Writ Petition No. 3403 of 2012.
Judgment
Md. Ruhul Quddus J.-This Rule at the instance of eight freedom fighters was issued challenging an office order of the Ministry of Liberation War Affairs as contained in Memo No.Mu:Bi:Ma:/Pro-1/Bivid-34/200......J
Md. Atiar Rahman and others…........................................................Petitioners
Vs.
The Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others…………..............................Respondents
......Division
(Civil Appellate Jurisdiction)
Present:
Mohammad Bazlur Rahman J
Md. Ruhul Quddus J
Md. Atiar Rahman and others…........................................................Petitioners
Vs.
The Government of the People’s Republic of Bangladesh represented by the Secretary..
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......nder section 173 (1) of the Code has been forwarded to the Magistrate. The sub section (3B) of section 173 does not require any protest petition to be filed as a precondition to exercise the power to order further investigation by the learned Magistrate in respect of the offence alleged to have been......s hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......eme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Nayeem Mehtab Chowdhury………………………….Petitioner Vs. State………………………….Opposite Party Judgment March 2, 2010. ..Category: Criminal Law | Date: | Hits: 124
....led under Article 102 of the Constitution impugned publication of the list of defaulting borrowers in the Daily Star dated 22‑3‑98 (Annexure‑J) including his name on the ground that it has been published without lawful authority and is of no legal effect.
2. The facts relevant for disposal ......ed in that case cannot be pressed for issuance of Rule in this case.
For the above discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
......tion. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
......ported in: 50 DLR (HCD) (1998) 594.
..
Category: Civil Law | Date: | Hits: 119
Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
....t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ......keeping the same pending for an indefinite period causing a serious hardship to the petitioner affecting his right to profession guaranteed under Article 40 of the Constitution. Hence, the impugned order passed by the respondent No.7 (Annexure-I) is liable to be declared illegal, without jurisdict......ed by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ...... (HCD) (2012) 341. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....ents. But suddenly the bank stopped financing on the project and subsequently in the year 2006 issued a legal notice upon the petitioner to return the entire loan amount within 30 days. The bank then published tender notice in two daily newspapers namely, 'the Daily Janakantha' and the 'the Daily Am......Md. Ashfaqul Islam J.- At instance of the petitioner, M/S Shitalakhaya Ice and Cold Storage Pvt. Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.9 dated 10-06-2009 passed by the Artha Rin Adalat No.1, Dhaka, in Artha Rin Adalat Case No.......o the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......e Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Shitalakhaya Ice and Cold Storage Pvt. Ltd…………………Petitioner Vs. Artha Rin Adalat No.1, Dhaka and others…………………Respondents Judgment ..Category: Civil Law | Date: | Hits: 108
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ...... Bashir Ullah Master……………Petitioner Vs. Bangladesh and others……………………..Respondents Judgment November 26, 2008. Result: The Rule is discharged without any order as to costs. A fugitive has no right to seek any kind of redress as against his grievance o......the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......eported in: 61 DLR (HCD) (2009) 760. ..Category: Civil Law | Date: | Hits: 93
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ...... May 18, 2010. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Sections 145(4) and 146 Order of appointment of a receiver For passing an order to appoint a receiver, the Magistrate must come to a conclusion, after completion of the enqui...... of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......) (2011) 339. ..Category: Criminal Law | Date: | Hits: 105
.... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
......e No.19 of 1981 and case No.88 of 1980.
5. The suit was dismissed by the trial court and against the judgment and decree, the plaintiffs filed Title Appeal No.20 of 1988 and in the said appeal, an order of remand was passed with a direction to settle the title by necessary amendment against which......3, 2007.
Result:
The Rule is discharged.
The Code of Civil Procedure, 1908 (Act No. V of 1908); Order 7 Rule 11
The provision of res-judicata is that no court shall try any suit or issue in which the matter directly and substantially in issue in a former suit between the same parties, o......13 MLR (HCD) (2008) 13.
..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ...... support of their title; that on 13-2-91 the defendant No.2 expressed that his brother-in-law, the defendant No.1 was the owner of the land on the basis of the title suit and prayed for affirming the order of mutation, on 16-2-91. The husband of plaintiff No.1 searched for the suit and on 12-3-91 af......esent: Syed Abu Kowser Md. Dabirush-Shan J Abdul Jabbar Bhuiyan and others………………….Defendant-Respondent-Petitioners Vs. Kulsum Banu Bibi and others……………………Plaintiff-appellant-opposite-Parties Judgment April 16, 2008. Result: The rule is made abso...... Appeal here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Abdul Jabbar Bhuiyan and others………………….Defendant-Respondent-Petitioners Vs. Kulsum Banu Bibi and others……………………Plaintiff-appellant-opposite-Part..Category: Property Law | Date: | Hits: 112
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ......ani - For the Petitioner. Civil Revision No.162 of 2002. Judgment Siddiqur Rahman Miah J.- This Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the order No.21 dated 30.08.2001 passed by the Subordinate Judge, 2nd court, Lalmonirhat in Miscellaneou......rs.............................Opposite parties Judgment February 6, 2008. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The intention of section 151 of the Code of Civil Procedure is to do justice where is there is no specif....... This Case is also Reported in: 7 LG (HCD) (2010) 142. ..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....en by the Prime Minister saved the country from a lot of pollution. The SS Norway was reported to contain over 1,250 tons of asbestos. 16. Mr. Fida Kamal referred to Annexure-O which is an article published by Greenpeace in December, 2004 entitled "Destination Unknown," regarding European single-......eafter, respondent No.17, the importer, filed Writ Petition No.6262 of 2008 challenging the cancellation of the NOC. Respondent No.17 requested the Department of Shipping to conduct an inquiry in order to ascertain whether the vessel was carrying any noxious/hazardous materials. Accordingly, on ......r of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......e Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J Bangladesh Environmental Lawyers Association (BELA)...................Petitioner Vs. Bangladesh...................Respondents Judgment March 5, 17, 2009. Result:..Category: Environmental Law | Date: | Hits: 688
Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)
....osed of. Let a copy of this order be immediately transmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......98 for quashing the Judgment and Order dated 15-2-2012 passed by the Additional Sessions Judge, 3rd Court, Khulna in Criminal Revision No.40 of 2012 dismissing the revision and thereby confirming the order dated 18-12-2011 passed by the Executive Magistrate, 'Ga' Anchal, Khulna in MP Case No.369 of ......ately transmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......High Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Provat Mondal and others………………….2nd Party Petitioners Vs. State………………….Opposite Party Judgment March 18, 2012. Result:..Category: Criminal Law | Date: | Hits: 74
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......evidence on record as well as the impugned Judgment and then submits that the appellants are innocent and they have been falsely implicated in the case. He next submits that the impugned Judgment and order of conviction being illegal is liable to be set aside inasmuch as it is wholly based on the so......wer Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......th Taka 2,500. At the time of occurrence P.W.4 saw the face of the miscreants by the light of the hurricane for which they assaulted the rickshaw puller. Thereafter, the miscreants fled away seeing one police patrol van. On arrival of the police at the place of occurrence being asked P.W.4 pointed..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......eneral with Md. Asaduzzaman, Assistant Attorney General - For the State. Criminal Appeal No.3335 of 2005. Judgment M Enayetur Rahim J.- This appeal is directed against the Judgment and order dated 14-7-2005 passed by the learned Special Tribunal No.7, Narayanganj in Special Tribunal C......rector General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......killer of the younger brother of the accused, Dolon, he falsely implicated accused Dolon in the cased and illegally detained him in his custody for 27 hours. 13. P.W.2 Constable Kazi Shamsul Alam, one of the member of the raiding party deposed that on getting a secret information on the day of oc..Category: Criminal Law | Date: | Hits: 99
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....সভা) অধ্যাদেশ, ২০০৮ and স্থানীয় সরকার (সিটি কর্পোরেশন)অধ্যাদেশ, ২০০৮ have been promulgated and published on the 14th May, 2008 with immediate effect. These two laws have repealed the Pourshava Or...... to give a decision on a land dispute. However he submits that the decision under challenge in the instant case was the out come of the efforts of the parties and the local Ward Commissioner acted in order to reach an amicable settlement and to avoid Court litigation between the parties. 10. We h...... declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......HCD) (2009) 256. ..Category: Civil Law | Date: | Hits: 74
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
.... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ......ummated. He adds that after considering evidence on record the learned Judge of the Court of appeal below rightly decreed the suit as a whole, which calls for no interference by this Court. 12. In order to appreciate the submissions advanced by the learned Counsels I have gone through the revisio......n, Advocate - For the petitioner. Rafiqul Islam Mehedi, Advocate - For the-opposite party. Civil Revision No.2690 of 2004. Judgment Syed Md. Ziaul Karim J.- This Rule, calls in question the legality and propriety of the Judgment and decree dated 25-05-2004 passed by the lea......orted in: 14 MLR (HCD) (2009) 427. ..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
..... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......of the Act …………………………………..(20) The Appellate Division already mentioned that the law as per section 3(1) and section 3(4) of the Act barring the Court from granting an order of injunction is limited and applicable to the arbitration being held in Bangladesh but not as......the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......o Reported in: 64 DLR (HCD) (2012) 550. ..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ...... in its transaction of business with the 3rd parties or even in doing or ratifying an ultra vires act. In such circumstances section 233 has invested this Court with wide powers to pass appropriate orders as permitted by the clauses (a) (b) and (c) to sub-section (3) of section 233 of the Act. ...... upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......so Reported in: 64 DLR (HCD) (2012) 547. ..Category: Company Law | Date: | Hits: 129
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....ot prevent the High Court Division from looking into the background which can be gathered from the case record leading to the publication of notification. The fact that notification was ordered to be published in the daily newspapers and it was so published cannot be overlooked simply because the le.....................(5) The Anti‑Terrorism Act, 1992; section 11 Satisfaction is the mental act and after being satisfied what is done is the result of that mental act. When learned Tribunal Judge ordered publication of the notification in the daily newspapers as prescribed in section 11 of ......in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ...... (HCD) (1998) 593. ..Category: Criminal Law | Date: | Hits: 99
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......ber 24, 1997. Result: The Rule is made absolute. The Arms Act, 1878 (Act No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any person and to detai......ich were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......D) (1998) 591. ..Category: Criminal Law | Date: | Hits: 77
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