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Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....or orders being subordinate legislation must give way to the provisions of the Act. In the case of Union of India Vs. Satyendra Nath, AIR 1955 Cal 581, it was observed: "(13) I think we have now a complete picture of what the law should be. If the rules concerned were in the Original schedule, th......ecial Original Jurisdiction) Present: Md. Joynul Abedin J Abdus Salam Mamun J Ocean Containers Ltd………………………..………….Petitioner Vs. Government of Bangladesh and others.........Respondents Judgment December 10, 2002. Cases Referred To- Ahmadabad ......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....ances of each and every case. It is neither desirable nor permissible to pick out a word or sentence from the Judgment divorced from the context of the question under consideration and treat it to be complete law declared by Court. The Judgment might be read as a whole and the observation from the J...... Court Division (Criminal miscellaneous Jurisdiction) Present: A K Badrul Haq J Nazrul Islam Chowdhury J Patwary Rafiquddin Haider……............Accused-Petitioner Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. Cases Referre......rt as may be directed." 15. In Nagendra Vs. King Emperor, AIR 1924 (Cal) 476 it is held that the object of the bail is to secure the attendance of the accused at the time of the trial and that the proper test to be applied for the solution of the question whether bail should be granted or not is ......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......rted in: 51 DLR (HCD) (1999) 149.......r the purpose of the case are that the mother of the petitioner as plaintiff instituted a Suit m the Court of the Subordinate Judge, Dhaka being Title Suit No. 1036 of 1995, for partition of the suit property by metes and bounds. Subsequently the said suit was transferred to the Court of the Subordi......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...Category: Property Law | Date: | Hits: 57
....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......iginal Jurisdiction)
Present:
Qazi Shafiuddin J
Syed JR Mudassir Husain J
Arab Bangladesh Bank Ltd…………..Petitioner
Vs.
Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others…………Respondents
Judgment
February 12, 1998.
Lawyers Involved:
Rafique-......tness to prove the matters, transactions and accounts therein recorded without an order of the Court. Thus the bank enjoys special privileges not to disclose information relating to its client unless proper order is passed by a Court either by Court of Sessions or by the High Court Division as the c......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145...
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......o Appeal here. Supreme Court High Court Division (Civil) Present: Md. Gholam Rabbani J Md. Joynul Abedin J Islamic Foundation Bangladesh ……….Petitioner Vs Firoz Alam and others………Opposite Parties Judgment May 20, 1997. Cases Referred To- 32 DLR (AD...... of the Specific Relief Act? (3) Whether the suit is barred by limitation? (4) Whether the Suit is bad for defect of parties? (5) Whether the plaintiff is the sixteen annas owner of the suit property? (6) Whether the plaintiff is entitled to recovery of khas possession as well as permane......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ..Category: Property Law | Date: | Hits: 116
....1-95. Simultaneously, Mr. Saleh Ahmed, Superintending Engineer, Mymensingh was appointed as an Enquiry Officer vide letter dated 31-1-94 by the respondent No. 5 directing him (the enquiry officer) to complete the enquiry within a month and the petitioner was asked to submit his explanation to the En......Abdul Matin J
Mainul Haque (Md.)………………….Petitioner
Vs.
Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat Dhaka and others………Respondents
Judgment
October 26, 1998.
Case Referred To-
Mir Alauddin......Annexure-N. This is one of the impugned orders.
16. The petitioner thereafter submitted a review petition to the respondent No. 3 the Chairman, Bangladesh Water Development Board on 2-1-96 through proper channel requesting him to withdraw the order of compulsory retirement and to reinstate the pe......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136...
Category: Employment/Service Law | Date: | Hits: 72
Mukit and others Vs. State, 2011, 40 CLC (AD)
....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......terfere against the said judgment of acquittal for, if we interfere on the said point, we will be left with no option other than to send the matter back on remand to the trial court for writing out a proper judgment, in which event, the ends of justice will be defated. 12. Now turning to the meri......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..Category: Criminal Law | Date: | Hits: 49
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......me Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Zakir Ahmed J Lutfor Rahman……….. Petitioner Vs. Divisional Mechanical Engineer and others………Respondents Judgment February 11, 1998. Cases Referred To- Mahtabuddi......Review application filed by the petitioner on 19-8-85 against the order of dismissal passed by the President and CMLA or such other or further order or orders passed as to this Court may seem fit and proper. 2. At the material time the petitioner was a Loco Master and was working in the Banglades...... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133...Category: Employment/Service Law | Date: | Hits: 78
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......r Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......accused petitioners have been falsely impleaded in the case. 5. At the trial the prosecution examined six witnesses and the defence examined none. The learned Magistrate on detailed discussion and proper appreciation of the evidence on record found the accused persons guilty under sections 447/32......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...Category: Criminal Law | Date: | Hits: 68
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ......is Case is also Reported in: 51 DLR (HCD) (1999) 118. ......admitted by the petitioners that the Tribunal so constituted was well within their knowledge and they appeared before the Tribunal and further, they filed a review petition before the Tribunal. So, improper constitution of the Tribunal cannot be agitated at this stage by way of submission that this ......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ...... High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Arif Gaffar…………..... Petitioner Vs. Artha Rin Adalat, Khulna and others..... Respondents Judgment December 2, 2010. Cases Referred to- Provat Kumar ......mount. The decree-holder bank put the decree in execution by filing Artha Jari Case No.185 of 2006. In course of the execution proceedings, the decree holder bank unsuccessfully attempted to sell the property, given as collateral against the loan. At one stage there was a negotiation between the par......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......on) Present: MM Ruhul Amin J Md. Munsurul Hoque Chowdhury J Islami Bank Bangladesh Ltd…………………………………..….Petitioner Vs. District Anti-Corruption Officer and another…………….Respondents Judgment July 5, 2001. Lawyers Involved: Ahsanul ......ti-Corruption officer. 15. Bankers Books Evidence Act being a special statute created for banking business, banks enjoy special privileges not to disclose information relating to its client unless proper order by any competent court namely, by Court of Sessions or by the High Court Division as th......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233...Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....ion/Sanad to the petitioner as they have acquiesced to the functioning of the University and are estopped from refusing to grant permission. And it is further stated that the fate of 500 students who completed the course needs consideration by this Court. 6. The added petitioners stated in their ......Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Mozammel Hossain J Dhaka International University………………Petitioner Vs. Secretary, Ministry of Education and others…………………Respondents Judgment: February 14, 1999. Result: The Rule......away for such a purpose. The Teachers Training Institutes are meant to teach children of impressionable age and we cannot let loose on the innocent any unwary children, teachers who have not received proper and adequate training. True they will be required to pass the examination but that may not be......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ..Category: Others | Date: | Hits: 104
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....es the rule of pure Hindu Law that delivery of possession is essential to the validity of gift is abrogated by section 123 of that Act. Under that Act delivery of possession is no longer necessary to complete a gift, nor is mere delivery sufficient to constitute a gift except in the case of movable ...... 51 DLR (HCD) (1999) 77. ......orts the decision of the trial Court and submits that Marani did not acquire any title on the basis of oral gift from her husband Chandra Kumar Paul and therefore she had no authority to transfer the property on the basis of the agreement in favour of the plaintiff. The learned Advocate submits that......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ..Category: Property Law | Date: | Hits: 51
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......s Case is also Reported in: 51 DLR (HCD) (1999) 72.
......d the impugned letter issued by the respondent No.2 District Anti-Corruption Officer, Bureau of Anti-Corruption demanding of them for their examination and also producing documents in the interest of proper enquiry.
3. The petitioners challenged the said letter of the Bureau of Anti-Corruption be......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
..
Category: Anti-Corruption Laws | Date: | Hits: 191
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....ajor portion of the compensation has been paid to the petitioners. The land in question is being used by the requiring body for the purpose it was requisitioned and the process of acquisition will be completed after the record of the LA case is returned to the requisition authority by the Anti-Corru......se is also Reported in: 52 DLR (HCD) (2000) 367. ......land in favour of the petitioners. He has referred to a decision in the case of Abdur Rouf and another Vs. Government of East Pakistan reported in 22 DLR 193, where it has been held that retention of property under requisition when there is no subsisting purpose is illegal and the Government should ...... 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. ..Category: Criminal Law | Date: | Hits: 37
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. ......) (1999) 54. ......a, 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 proper nazar salami. Nazir Sheikh owned and possessed the suit land by construction of huts in a por...... 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. ..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....ve together. 17. The law in this respect is well settled. A Mahomedan may dispose of all his properties by way of gift in favour of anybody, even to a stranger. But a gift in order to be valid and complete, there should, firstly, be a declaration of gift by the donor in favour of the donee, secon...... This Rule was issued under section 115 of the Code of Civil Procedure at the instance of the plaintiff-petitioner calling upon the defendant opposite party No.1, to show cause as to why the judgment and degree dated 1-7-1991 and 8-7-1991 respectively passed by the Subordinate Judge and Commercial C.......5 subsequently on 14-7-1982 sold 0.24½ acres of land to Hanif Ali Biswas, the defendant No.4 (the son of Nabu Ali Biswas) although he never acquired any right, title or possession in respect of the properties mentioned in the deed of gift, that before selling of the suit land, the defendant No.3 b......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ..Category: Property Law | Date: | Hits: 72
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......ted by the Deputy Commissioner………………………….Opposite Party Judgment July 26, 1998. Lawyers Involved: Khan Saifur Rahman with Syed Ziaul Karim with Md. Salahuddin Talukdar and Syeda Maimuna Begum, Advocates — For the Petitioner. Mahmud Hossain, Assistant Attorney-Gen......zbag PS Case No. 20(3) of 1990 now pending in the 5th Court of Additional Sessions Judge, Dhaka should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts, in short, necessary for the purpose of disposal of this Rule may be summed up a......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40...Category: Criminal Law | Date: | Hits: 62
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. ...... also Reported in: 9 BLC (2004) 601. ...... the BSTI has got a list of articles for which standard (BDS) have been fixed and the BSTI is under responsibility to see whether commodities, having those standards and obtained licence from it, are properly maintaining the same, and for determining standard of an article, the Government used to se...... 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. ..Category: Others | Date: | Hits: 182
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