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Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......Court High Court Division (Civil Revisional Jurisdiction) Present: Zubayer Rahman Chowdhury J Badel Alam Howlader…………..…. Defendant-Respondent-Petitioner Vs. Falu Dewan and others…...............Plaintiff-Appellant-Opposite-Parties. Judgment February 11, 2004. ......te appears for the petitioner, while Mr. Idris Khan along with Mr. Nowshad Zamir, Advocates appears in opposition to the Rule. 7. In support of the Rule, Mr. Hoque submits that the trial Court, on proper finding of fact and upon correct appreciation of the evidence on record, rightly dismissed th......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......onal Jurisdiction) Present: Hassan Ameen J Md. Awlad Ali J Bijan Kumar Das J AHM Khurshed Ali & others……………………………………Petitioners Vs. Md. Hashem Ali and others………………………………………Opposite Parties. Judgment February 8, ...... instituted a suit being Other Suit No. 96 of 2003 on 3-6-2003 in the Second Court of Joint District Judge, Chittagong against the opposite party Nos. 1-8 praying for declaration of title in the suit properties. In the suit in pursuance of an application the defendant opposite party No. 9 was impiea...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ......R (2006) 207, 26 BLD (HCD) (2006) 361. ......stries and the aforesaid loan could not be repaid which unfortunately accumulated to Taka 79,13,42,887.12 inclusive of interest. The petitioner company mortgaged all its assets, movable and immovable properties including its machinery etc to respondent No. 3 bank as security for the loan. The petiti...... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ..Category: Civil Law | Date: | Hits: 125
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......High Court Division (Criminal Revisional Jurisdiction) Present: SK Sinha J Shamim Hasnain J Ziaul Hoque Chowdhury (Md.)…………………………………Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment A......tion of the investigating officer in failing to notice that a naraji petition in a case is filed when the informant or complainant is dissatisfied with the conduct of the investigating officer in not properly investigating the case. 9. Section 265C empowers a Court to discharge an accused if it c......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..Category: Criminal Law | Date: | Hits: 49
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....tion of the People's Republic of Bangladesh has two parts: (1) A Minister shall not hold any office, post and position other than the post and office of the Minister; and (2) this disqualification is complete cessation and not mere suspension. According to him, had the clause (3) of Article 147 cont......Reported in: 58 DLR (2006) 117. ...... be taken to have been filed for enforcement of any fundamental right of the petitioner including that of the freedom of press. The statements made in these two writ petitions, if considered in their proper perspective, do not disclose any case of infringement of fundamental right, let alone the fre......relation to or in the affairs of Ittefaq Group of Publications Ltd., a private limited company incorporated under the Companies Act. (b) Since admittedly, some civil suits are pending involving adjudication of the same points as in these 3(three) writ petitions, Rules are liable to be discharg..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ......riginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Moulana Md. Abdul Kader Azadi……………………………..Petitioner Vs. Government of Bangladesh and others………………………..Respondents. Judgment April 19, 2005. Lawyers Involv......e Writ Petition should not be declared to have been passed without any lawful authority and is of no legal effect 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 issuance of the Rule, in brief, are: On 15-1-1971, petiti......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......(Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Jahangir Hossain Howlader (Md.) …………………………………..Petitioner Vs. CMM, Dhaka and others...........................................Respondents. Judgment October 30, 2004. ...... the respondents should not be directed to refrain from taking any action or passing any order against the petitioner or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: 3. The petitioner was......at nothing in this section shall authorize removal for home consumption of any dutiable goods without payment of customs duties thereon. (2) Where any goods are sold under sub-section (1) pending adjudication, appeal, revision or decision of a court, the proceeds of such sale shall be deposited ..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ...... This Case is also Reported in: 58 DLR (2006) 103. ......ther stated in the petition that the petitioners applies to the defendant No. 5 i.e. Secretary, Ministry of Works. Government of Bangladesh, for clearance to build a 2 Star International Hotel and on proper inquiry the defendant No. 5 gave permission to the petitioners for construction of the said h......ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ..Category: Civil Law | Date: | Hits: 99
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100....... Case is also Reported in: 58 DLR (2006) 100.......n the exercise of their jurisdiction. The learned Additional District Judge can exercise revisional jurisdiction under section 115 on perusal of the record and can make such order as he finds fit and proper. But in the instant case, the petitioners did not give an opportunity to the learned Addition......s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100...Category: Procedural Law | Date: | Hits: 77
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ...... Government of Bangladesh represented by Secretary, Ministry of Jute, Secretariat Building, Dhaka..........................................................Appellant Vs. Helal Jute Press Ltd. and others……………..........Respondents Judgment July 21, 2009. Cases Referred To- ......by a Division Bench of the High Court Division in Writ Petition No. 348 of 1985 making the Rule absolute-in-part with a direction to the writ respondent No. 1-Appellant to deliver possession of the properties of the writ petitioners-respondents at Daulatpur, Khulna together with all 25 godowns on ......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ..Category: Property Law | Date: | Hits: 128
Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....Registrar and that by SRO No.12 Law/39 dated 19 January 1993, Rule 5Awas inserted in the Rules 1975 with a view to make permanent all those Nikah Registrars who having been appointed temporarily have completed two years on the date of commencement of the said new Rule 5A and by SRO No. 10-Law/2001......lam J Md. Joynul Abedin J Md. Abdul Matin J Md. Bazlur Rashid ………………………............Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka & others .......................Respond......on 4 of the Act his areas have been curtailed which the Government is authorized under the law to do consequently, the petition is dismissed." 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illega......ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ..Category: Civil Law | Date: | Hits: 105
Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)
....war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......orney General - for the respondent. Criminal Appeal No. 3368 of 2004. Judgment Md. Ruhul Quddus J. - This appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 9.8.2004 passed by Metropolitan Special Tribunal No. 6, Dhaka in Metropolitan Specia......vidence into the notice of the appellant as required by section 342 of the Code of Criminal Procedure. Such omission on the part of the trial Court is fatal inasmuch as by now it is well settled that proper compliance with the provision of section 342 is mandatory and failing on the part of the Judg......war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 44
Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ......Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedm J Md. Abdul Matin J Yusuf Jamil Babu.....................................Petitioner Vs. Bangladesh and others .........................Respondents Judgment February 5, 2009. Lawyers Involve......া পরিষদ অধ্যাদেশ, ২০০৮। 5. Moreover, the contention, if any, as urged by the learned Counsel for the petitioner, could be considered on material/evidence in a proper forum, i.e. the election tribunal. At the moment, we could not but, on the available material...... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ..Category: Election Law | Date: | Hits: 116
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ...... High Court Division (Special Original Jurisdiction) Present: M Amin Chowdhury J Gour Gopal Saha J Islami Bank Bangladesh Ltd..……….Petitioner Vs. Shohag Medicine Supply and others………….Opposite Parties Judgment January 22, 1998. Cases Referred to- Am......nt with damages. 8. Admittedly, the money was advanced under Moazzel system of banking which is a new concept of Islami banking system in our country. In by Moazzel system a party is given certain properties on a contract which is as follows: “১ বাই মোয়াজ্জাল চু......e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ..Category: Banking Law | Date: | Hits: 199
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....his behalf by the Central Government and no Court inferior to that of a Sessions Judge shall try any such offence.” 17. Though short and concise the Antiquities Act is a self contained, full and complete enactment with elaborate provisions not only for the preservation and protection of antiqui...... Aziz J Md. Abdus Salam J Kamruzzaman (Md.) alias Zaman………….Appellant Vs. State…………..Respondent Judgment June 8, 2000. Cases Referred To- Md. Mokhlesur Rahman and another Vs. State, 14 BLD 127; Kabil Miah and others Vs. the State 14 BLD 432 = 46 DLR 463; Khal......ough the Director of Archaeology may after giving reasonable notice enter into and inspect and examine any premises believed to be containing any antiquity, if any substantial damage is caused to any property as a result of such inspection, the Director shall pay to the owner thereof reasonable comp......har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ..Category: Criminal Law | Date: | Hits: 72
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ...... (2000) 546. ......t by use and registration of the said trade mark in respect of shoes and footwears in the name of the appellant in more than 100 countries of the world, the said trade mark “BALLY” has become the property of the appellant. The use of the world famous trade mark “BALLY” by the applicant respo......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ..Category: Intellectual Property Law | Date: | Hits: 210
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ...... MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......rt of India sent the case on remand to inquire as to the age of the accused. With respect, our view would be that if it is felt that the determination of the age of the accused may be material to the proper adjudication of the appeal, then the matter may be remanded at any time for ascertaining the ......ndia sent the case on remand to inquire as to the age of the accused. With respect, our view would be that if it is felt that the determination of the age of the accused may be material to the proper adjudication of the appeal, then the matter may be remanded at any time for ascertaining the age. ..Category: Criminal Law | Date: | Hits: 128
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533....... Lab…………Petitioner Vs. Bangladesh & others…………Respondents Judgment May 25, 2000. Cases Referred To- Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board and ors., 48 DLR (AD) 20. Lawyers Involved: Rafiqul Islam, Advocate—For the Petitioners. ...... under section 15 of the VAT Act, 1991 but after installation of the machinery the project of Photo Processing and printing was started on 1-7-1992. Since starting the petitioner has been maintaining proper and regular accounts of daily output and sale proceeds in a Tax assessment book as required u......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533...Category: Fiscal/Taxation Law | Date: | Hits: 139
Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)
....se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526.......dul Matin J Mehnaz Sakib……………Petitioner Vs. Bangladesh…………..Respondents Judgment May 30, 1999. Cases Referred To- Abdul Latif Mirza Vs. Government of Bangladesh and others, 31 DLR (AD) 1; Md. Anwar Hossain Vs. Government of Bangladesh, 30 DLR 423; Government of......ged from the Dhanmondi PS Case No.10(10)96 by the order of the High Court Division and since after the discharge she has been passing her days in critical ailing condition and could not go abroad for proper treatment on medical advice as her passport was impugned in the year 1996. She could not get ......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526...Category: Criminal Law | Date: | Hits: 64
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
....n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ......me Court High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M A Aziz J Abdur Rahim Chowdhury…………Petitioner Vs. Bangladesh Bank, Dhaka and others………………Respondents Judgment July 10, 1997. Lawyers Involved: Syed......ever name called, of a banking company in the public interest or to prevent the affairs of a banking company being conducted in a manner detrimental to the interest of its depositors or to secure the proper management of the banking company, the Bangladesh Bank may, for reasons to be recorded in wri......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ..Category: Employment/Service Law | Date: | Hits: 79
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