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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. ......abi first, raised an objection on maintainability on the ground that the dispute raised by this writ petition arises out of a contractual agreement and, as such, the High Court shall not exercise its power under Article 102 of the Constitution. Secondly, as the petitioner failed to bring all the nec......hipping Limited and another………………Petitioners Vs. Chittagong Port Authority and others……………………….... Respondents Judgment August 6, 1998. Cases Referred to- Sharping Matshajibi Samabaya Samity Ltd. vs. Bangladesh and others, 39 DLR (AD) 85; Banglades...... under Article 102 of the Constitution can direct the authority to refund the money to the petitioner from whom it was illegally collected. In the Azizuddin Industries Ltd. the petitioner company was granted permission to establish a cigarette manufacturing factory in Chittagong in 1961. The Governm..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. ......an 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 the Government had the power to withdraw any property from acquisition after compensation has been made there would be no f......Commercial Trust of Bangladesh Ltd. and others, 46 DLR (AD) 89; 27 DLR 597; 51 DLR (AD) 84. Lawyers Involved: Fida M Kamal, Advocate—For the Petitioners. Obaidul Hasan Shaheen, Assistant Attorney-General—For the Respondents. Writ Petition Nos. 337, 338, 339, 340 & 341 of 1999. ......inquiry in the office of the respondent No.6 and found that the land in question has been leased out by the respondent No.6 on 15-7-98 in favour of the respondents No.8. The petitioner challenged the granting of lease by filing a Writ Petition being No.2551 of 1998 before the High Court Division whe..Category: Criminal Law | Date: | Hits: 37
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....cted beyond its jurisdiction as the valuation has been fixed without any objective information. 9. It appears from the language of sub-section (3) of section 193C that the power of the tribunal is discretionary, the Appellate Tribunal has the power to make such inquiry as it considers necessary, ......nd thereby the tribunal acted beyond its jurisdiction as the valuation has been fixed without any objective information. 9. It appears from the language of sub-section (3) of section 193C that the power of the tribunal is discretionary, the Appellate Tribunal has the power to make such inquiry as......ivision (Special Original Jurisdiction) Present: Syed JR Mudassir Husain J Md. Awlad Ali J Sharif and Brothers….............................Petitioners Vs. Commissioner of Customs and Others……………. Respondents Judgment February 13, 2000. Cases Referred To- ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......wn. 8. Mr. AKM Shafiuddin, the learned Deputy Attorney-General, appeared in the case and on our pointing out he tried to contact with the respondent No.1 to ascertain whether he had been given any power or authority as contemplated under the Government Servants (Discipline and Appeal) Rules, 1985......; another…….………………Respondents Judgment January 16, 2000. Lawyers Involved: Amir-ul Islam with Manzil Morshed, Advocates—For the Petitioner. AKM Shafiuddin, Deputy Attorney-General—For the Respondents. Writ Petition No. 1316 of 1995. Judgment Md. Awlad Al......ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358...Category: Employment/Service Law | Date: | Hits: 71
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. ......an be no doubt that the petition was maintainable even if the right to relief arose out of an alleged breach of contract, where the action challenged was of public authority invested with a statutory power. 12. In the cases discussed above it happened that the public authority invested with statu......………….Petitioner Vs. Government of the People’s Republic of Bangladesh & another……………Respondents Judgment November 30, 1999. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Pictur...... was Taka 15,00,000.00 above the second highest, and in that meeting the Ministry in a summary of findings regarding the nature of loan as mentioned in the agreement for sale agreed that the loan was granted under ADP as short term loan. The petitioner claims that it was clearly pointed out in the s..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. ......aside the judgment and decree passed by the trial Court on merit, on the basis of evidence on record on the mere seeking of the plaintiff to withdraw the suit for suing afresh as a casual exercise of power, without recording his satisfaction that the case comes within the ambit of Order 23 rule 1(2)...... Suit No.157 of 1977, praying for declaration of his title in the suit land alleging, inter alia, that the suit land comprising an area of 1762-1/2 acres out of 3525 acres of land originally belonged to Ram Chandra Datta, who subsequently settled the said land to one Najir Sheikh on receipt of prope...... or b) that there are other sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of a suit or part of a claim, It may, on such terms, as it thinks fit, grant the plaintiff permission to withdraw from such Suit or abandon such part of a claim with liber..Category: Property Law | Date: | Hits: 88
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......end of the arguments. Mr. Mahmudul Islam, learned Attorney-General, has submitted that very influential persons as they are once out of jail on bail, the petitioners will use of all the influence and power for tampering with the evidence and threatening witnesses. He submits that the government has ......4 DLR (SC) 321. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Habibul Islam Bhuiyan, Khondaker Mahboob Hossain and Humayun Kabir Bulbul, Advocates — For the Petitioners. Mahmudul Islam, Attorney-General, Md. Faruq, Deputy Attorney-General — For the State. Criminal Miscellaneous Case......f all places in the country where human life is protected by law and ensured by security from the state. He submits that there is every chance of the petitioners absconding in the event of bail being granted. Besides they have been given Division in the Central Jail and are under regular medical che..Category: Criminal Law | Date: | Hits: 46
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.......tion under section 439 of the Code of Criminal Procedure is to confer the High Court Division a kind of paternal or supervisory jurisdiction in order to correct miscarriage of justice. The revisional power of the High Court Division vested in it by section 439 does not create any right in the litiga......i Ebadul Hoque J AK Badrul Huq J Syed Ahmed…………….Petitioner Vs. Abdul Khaleque and others…………………..Opposite Parties Judgment April 1, 1998. Cases Referred to- Seraj Din vs. Kala and another, PLD 1964 SC 26=16 DLR SC 94; Lalu vs. State, PLD 1959 SC 258 ......est error resulting in a gross miscarriage of justice. The interest of public justice, therefore, requires interference for the correction of the manifest illegality and also for the prevention of flagrant miscarriage of justice and the setting aside of the impugned order of acquittal is demanded. ..Category: Criminal Law | Date: | Hits: 42
Harun and others Vs. State, 1998, 27 CLC (HCD)
....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......the nature of the offence, and if the offence is of a kind in which bail should not be granted considering the gravity of the offence. Court should refuse bail even though the High Court Division’s powers under section 498 of the Code of Criminal Procedure in the matter of granting bail are very w......State ……Respondent Judgment March 9, 1998. Lawyers Involved: MA Wahab, ANM Gaziul Huq, Md. Delwar Hossain and M A Wahab Miah, Advocates - For the Petitioners. MA Rouf, Assistant Attorney-General with Moharnmad Mushfiqur Rahrnan Khan Assistant Attorney–General - For the Responde......by Md. Hanif and the same was directed against order dated 20-3-97 passed in Criminal Miscellaneous case No.745 of 1997 rejecting his bail by the learned Sessions Judge taking the stand that the bail granted to him having not at all been misused, the cancellation of bail is absolutely illegal. 3...Category: Criminal Law | Date: | Hits: 65
State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)
....on-bailable offences, but that there are sufficient grounds for further inquiry into his guilt and pending such inquiry, he should be released on bail. Since the High Court Division has exercised its discretionary power in the matter of granting bail, this Court normally does not interfere with such......fences, but that there are sufficient grounds for further inquiry into his guilt and pending such inquiry, he should be released on bail. Since the High Court Division has exercised its discretionary power in the matter of granting bail, this Court normally does not interfere with such power except ......The State..................................Petitioner Vs. Md. Ariful Islam @ Arif.................Respondent Judgment September 28, 2010. Lawyers Involved: M.K. Rahman, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. T.H. Khan......are sufficient grounds for further inquiry into his guilt and pending such inquiry, he should be released on bail. Since the High Court Division has exercised its discretionary power in the matter of granting bail, this Court normally does not interfere with such power except in exceptional cases wh..Category: Criminal Law | Date: | Hits: 50
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. ......e thus non-alcoholic products within the meaning of Narcotics Control Act, 1990. 3. The respondent Nos. 1 and 2 jointly and the respondent Nos. 5 and 6 separately have entered appearance by filing powers. The respondent Nos. 1 and 2 have jointly and the respondent No. 6 has separately affidavits-......J Crown Beverage Ltd. and another..........................Petitioners Vs. Board of Investment and Others........................Respondents Judgment April 6, 2004. Cases Referred to- Chairman, Board of Intermediate and Secondary Education, Jessore and others vs. Md. Amir Hoss...... পানীয়/সাধারণ/০৩/৫০২ informed the petitioners that they have no standard (BDS) for "non-alcoholic malt beverage" till date and, as such, expressed their inability to grant a licence for the product named 'Crown Energy Drink' of the petitioner, evidenced by Annexure ..Category: Others | Date: | Hits: 182
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......zur Rahman, Advocate-on-Record-For Respondent No.1 (In Civil Petition No. 1498 of 2007). Not represented- Respondent Nos. 2-17 (In Civil Petition No. 1498 of 2007). Syeda Afsar Jahan, Deputy Attorney General, instructed by Zainul Abedin, Advocate-on- Record- For Respondent Nos. 1-2 (In Civ......he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ..Category: Property Law | Date: | Hits: 62
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......or the Petitioner. Criminal Revision No. 1396 of 1992. Judgment ABM Khairul Haque J. - This Rule was issued at the instance of the petitioner calling upon the Deputy Commissioner, Rajshahi, to show cause as to why the Order dated 28-9-92 fixing the date of trial on 24-10-92 in respect of t...... 1974. They shall function under licence from the Government. Section 4 reads as follows: 4. Nikah Registrars.- For the purpose of Registration of Marriages under this Act, the Government shall grant licences to such number of persons, to be called Nikah Registrar, as it may deem necessary for..Category: Criminal Law | Date: | Hits: 50
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......ms Act, 1969 on the basis of Notification No. 38/97 Cus. dated 30-12-97 suffers from want of authority and, as such, the assessment of duty impugned is illegal. It is further contended that delegated power as conceived in section 25(7) of the Act has no relation with the normal market price and, as ...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Friends Corporation….…………..Petitioner Vs. Commissioner of Customs and others……. Respondents Judgment June 23, 1998. Lawyers Involved: AF Hasa......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......n such circumstances, the petitioner is not required to deposit 25% of the deccretal amount and section 32 (2) of the Ain, 2003 would not apply in this case. Section 57 of the said Ain gives inherent power to the Artha Rin Adalat to pass necessary order to meet the ends of justice and therefore, the......……….....Petitioner Vs. The Artha Rin Adalat, Narayangonj and others………….... Respondents Result: The Rule is made absolute. Judgment November 11, 2010. Case Referred to- Md. Delwar Hossain Vs. Bangladesh and others, 24 BLD (HC) 323. Lawyers Involved: Abdur ...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 183
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......tioner. Ali Mostafa Khan with Ms. Nahid Sultana, Advocates - for the Respondent. Writ Petition No. 3002 of 2010 Judgment Md. Ruhul Quddus, J.- This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adala......pplication, postpone the sale of the property comprised in order for sale on such terms and for such period as it thinks proper, to enable him to raise the amount. (2) In such case the Court shall grant a certificate to the judgment-debtor authorizing him within a period to be mentioned therein, ..Category: Procedural Law | Date: | Hits: 95
Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)
....any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......erred To- Habiba Mahmud Vs. Bangladesh & others, 45 DLR (AD) 89. Lawyers Involved: Shafique Ahmed with Nitai Roy Chowdhury, Advocates‑For the Petitioner. Ahasan Mahbub, Assistant Attorney‑General‑For the Respondents. Writ Petition No. 871 of 2003. Judgment Amirul Kabi......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224...Category: Criminal Law | Date: | Hits: 55
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......contempt will be found to consist in an offence more or less direct against the Sovereign himself as the fountainhead of law and justice, or against the palace, where injustice was administered. "The power which the Courts in Westminister Hall have of vindicating their own authority, is co-eval with......nother………………………………. Petitioners. Vs. Mahmudur Rahman and others…………………………………….Respondents. Judgment August 19, 2010. Cases Referred to- Sparks V. Martyn (1669), 1 Vent.1. R.V. Lefroy, (1873) L.R.8 QB 134, Re. Abdool, 8 WR Cr 31, ...... agreement. Some observations have been made on ‘investigation’ with which also I am in respectful agreement. However, the related orders involved in those cases were in fact the orders passed in granting ‘remand’. The issues related to ‘remand’ orders have been decided by the High Court..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......escribed in the schedule to the plaint; that at the time of filing of the suit the plaintiff along with the plaint filed 3 documents, namely, statements of account, lease deed and irrevocable general power of attorney. 3. That petitioner herein having been served with the summons entered appearan......intiff filed Title Suit No.73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to the plaint; that at the time of filing of the suit the plaintiff along with the plaint filed 3 do......ed the plaint or that ought to have “entered in the list to be added or annexed to the plaint” there is a proviso to this Rule whereby the court in exceptional circumstances has been empowered to grant leave to the plaintiff to produce document which was required to be produced along with the pl..Category: Civil Law | Date: | Hits: 90
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335....... them. In the absence of such sanction, the whole proceeding before the learned Special Judge appears to be illegal and without jurisdiction. In view of the fact that the learned Special Judge has no power to try the accused under the Criminal Law Amendment Act, 1958 without obtaining proper sanctio......e ………………………..Respondent Judgment January 25, 2000. Lawyers Involved: Serajul Islam, Advocate—For the Appellants. (In both the appeals) FKM Ahsan Mahbub, Assistant Attorney- General—For the Respondent. (In both the appeals) Criminal Appeal No. 1000 of 1995 ...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...Category: Criminal Law | Date: | Hits: 43
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