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Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......s thereof are illegal and without lawful authority. It has been further asserted that the detenu has been detained at the behest of the interested quarters which is nothing but colourable exercise of power. It further appears from the newspaper report that a specific criminal case under section 25 B......Legal Aid and Services Trust (BLST)…………….Petitioner Vs. Bangladesh & others………………………………….….Respondents Judgment April 18, 1999 Cases Referred to- Bhim Singh, MLA, Vs. State of Jammu & Kashmir and others, AIR 1986 (SC) 494; Rendal Sah V......aid Omar Chisti @ Santo was arrested by the Police in an injured condition on the date of occurrence of murder of the detenu’s brother which occurred on 19-6-96 and the said Omar Chisti @ Santo was granted bail on 23-6-96. The story of enmity as published in the news paper was with an oblique moti..Category: Criminal Law | Date: | Hits: 106
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ...... possession. 2. Opposite party as plaintiff instituted the suit under section 9 of the Specific Relief Act for recovery of possession of the suit shop. Plaint case, in short, is that the plaintiff took monthly lease of the suit shop on 01-07-87 from the petitioner No.1 on the basis of an agreemen......r as to costs. The impugned judgment and decree dated 14-07-98 of the Assistant Judge, 5th Court at Dhaka in Title Suit No.127 of 1997 is hereby set aside and the suit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. T..Category: Civil Law | Date: | Hits: 82
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....r and scope. They will be found, however, on careful examination, to possess one common quality or property , they are all, or at any rate most of them, rules for determining the mode in which the discretionary powers of the Crown (or of the Ministers as servants of the Crown) ought to be exerc......must be able to overturn unconstitutional law passed by the Parliament, it must overrule the police, the bureaucrats, and the Army, the President or the Prime Minister. Only when the Court has this power can it protect the citizen from the state. 162. Moreover, the Court must protect bureaucr......ation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything tha......, guided, or channelised by the operation of the conventional rule. KC Wheare in his book 'Modern Constitution' (1967 edition) elaborates such a rule as under: "What often happens is that powers granted in a Constitution are indeed exercised but that, while they are in law exercised by those t..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. Â ......out plans such amenities were provided for by earmarking some land as parks, play grounds, community centres, School, Mosques etc. Contention of the learned Advocate for the RAJUK that in exercise of power under section 40(b) it can change the layout plan converting the open spaces into residential ......he instance of the petitioner Md. Mohshinul Islam allottee of plot No.32 of Deed No.6 Section No.4, of the Uttara Model Town calling upon the respondents, Rajdhani Unnayan Kartripakkha and two others to show cause as to why layout plan dated 18-10-92 (Annexure-F) shall not be declared to have been m......n both the Rules common question has been raised these are being disposed of by this judgment. 5. Relying on clause 21 of the lease deed of the respective petitioner on the basis of which ease was granted to him learned Advocate for the petitioner submitted that in the layout plan attached to the..Category: Property Law | Date: | Hits: 55
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....ld neither be uniform nor be for the same purpose, such dispute or difference cannot be precisely defined. 11. Under sub-section (2) of section 8 of the Act, the powers of the Court are no doubt a discretionary one. Exercise of such discretion will be protected only when it was exercised as per t...... application of the party who gave the notice and after giving the other parties an opportunity of being heard, appoint an arbitrator or arbitrators or umpire, as the case may be, who shall have like power to act in the reference and to make an award as if he or they had been appointed by consent of......ion under section 115 of the Code of Civil Procedure against an order dated 19-11-1998 passed by Subordinate Judge 5th Court, Dhaka in Arbitration Miscellaneous Case No. 16 of 1998 by which an arbitrator was appointed by the Court for each of the parties. 2. Opposite party, the contractor, made a......he Rule is made absolute. No order as to costs. The impugned order is hereby set aside. The application of the opposite party made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported i..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......claims are liable to be dismissed. It is also contended that PW 1 Md. Shahidul Huq who is an associate of the plaintiff Resource International is not competent to depose before the Court as he had no power of attorney from the plaintiff while deposing and his deposition is unauthorised and should no.......Plaintiff Vs. MV Sargodha and others …………………Defendants Judgment February 20, 2001. Result: The counter-claim is not entertainable and is dismissed. Case Referred to- FFUI Co. Ltd Vs. American President Lines, PLD 1992 (SC) 291. Lawyers Involved: Dr. M.......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
....n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7....... with the case before us. In that case it was observed: A case of legitimate expectation would arise when a body by representation or by past practice aroused expectation which it would be within its powers to fulfill. The protection is limited to that extent and a judicial review can be within thos......vs Hindustan Development Corporation AIR 1994 (SC) 988 relied (7 & 8)
Lawyers Involved:
Mrs. Rabeya Bhuiyan with Safiuddin Md. Anisur Rahman Advocates—For the Petitioner.
Mahmudul Islam Attorney-General, Shahabuddin Ahmad, Deputy Attorney-General with Bazlur Rahman Chhana, Advocate—For......me overriding public interest justifying the new departure. Decision in the case of Attorney-General of Hong Kong vs. NG Yuen Shin reported in (1983) 2 AC 629 is regarding repatriation of illegal immigrants and in the case of RV Devon County Council, reported in (1995)1 All ER 73 is regarding closur..
Category: Civil Law | Date: | Hits: 92
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......g the respondents to appear on the day fixed for hearing of the appeal under rule 16 (2) and answer the points raised by the appellants in support of their appeal. So, rule 12 does not, in any way, empower and/or authorise the appellate Court either to allow a respondent to file a written statement ......n) Present: Md. Abdur Rashid J Narayan Chandra Saha and another ……………..Petitioners Vs. Jatindra Chandra Saha and others………………..Opposite Parties Judgment October 28, 1999. Lawyers Involved: Promila Biswas with Ms Nahid Sultana, Advocates—the Petit......eir written statement ought to be rejected and is accordingly rejected. 11. For the reasons as stated above, the above Rule is made absolute, but without any order as to cost. The order of stay granted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be hear..Category: Procedural Law | Date: | Hits: 66
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ...... thus refixed by him from August 1995 on the alleged basis of the price approved in August 1995 for ARS and Cock brand Mosquito Coil of the other manufacturer of Gazipur area in purported exercise of power under Rule 3(2) of the VAT Rules 1991. The respondent No.3 again issued another letter under R...... High Court Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Oram Limited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. ......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......roper relief under proper provision of law. Miscellaneous case is not a proceeding of original nature. But this is yet a proceeding and section 153 of the Code of Civil Procedure provides the general power to amend any defect or error in any proceeding in a suit for the purpose of determining the re......e Petitioners. Md. Mahbub Ali, Advocate—For the Opposite Parties. Civil Revision No. 2271 of 2000. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned order dated 4-5-2000 passed by the District Judge, Mymensingh i......l Procedure, in fact the same should have been treated as one under section 153 of the Code of Civil Procedure. Mr. Rahman further submits that misdescription of the cause title could not be a bar in granting proper relief by invoking proper provision of law. 5. Mr. Md. Mahbub Ali, the learned Ad..Category: Procedural Law | Date: | Hits: 86
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368....... office at 38, Dhanmondi Residential Area, Road No.2, Police Station Dhanmondi, Dhaka and also having a branch office at Khan Lodge, Daulatpur, Khulna. The company is represented by its Managing Director Mr. ATM Mustafa and others filed the Title Suit No.274 of 1980 in the Third Court of Subordinate......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368...Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....r arrived at a corÂrect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......plication under Section 561A of the Code. He finally submits that the Tribunal convicted the petitioner withÂout any legal evidence but the High Court Division failed to appreciate that the inherent power under Section 561A of the Code can be invoked to prevent the abuse of the process of the Court......9. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam, Advocate-On-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Apple No.238 of 2009. (From the judgment and order dated 28.04.2009 passed by the High Court D......r arrived at a corÂrect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626...Category: Criminal Law | Date: | Hits: 56
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......f of the petitioners, submits inter-alia that the suit property is an abandoned property and it was published in Bangladesh Gazette in 'Ka' list of the abandoned properties in 1986, that besides, the power of attorney by which the plaintiff claims the suit-property does not even include the suit pro......tÂed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.1521 of 2009. (From the Judgment and order dated 28.05.2009 passed by the High Court......of the properties, as opposed to his right as their mere attorney. 12. These facts escaped the notice of the High Court Division and also the Courts below. 13. Under the circumstances, leave is granted on the following points: I. Whether the plaintiff’s suit in his own name, instead of hi..Category: Property Law | Date: | Hits: 21
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties. Judgement May 22, 2001. Lawyers Involved: Nizamul Haque with Faustina Pereira Advocates- for the Petitioner. M Faruque, Assistant Attorney General with Md. Fazlul Haque Choudhury, Assistant Attorney General -for the State. Crimin...... Constitution. From Rule 78 we find that it is the first duty of the Superintendent of Jails to release time expired prisoners after observing all the rules regarding return of their private property grant of subsistence allowance for the return to their homes etc. 6. Rules 570 to 578 contain the..Category: Constitutional Law | Date: | Hits: 123
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ......all not be such a citizen by virtue of this section if at the time of his birth- (a) his father possesses such immunity from suit and legal process as it accorded to an envoy of external sovereign power accredited in Bangladesh and is not a citizen of Bangladesh; or (b) his father is an enemy......and others ..........…Petitioners Vs. The Government of Bangladesh and others ...........…Respondents Judgment May 5, 2003. Result: The Rule is made absolute. Cases Referred to- Mukter Ahmed Vs. Government of Bangladesh and others, 34 DLR 29; Abdul Khaleque Vs. The Court......tizen of Bangladesh shall not, merely by reason of being a citizen or acquiring citizenship of a state specified in or under clause (2), cease to be a citizen of Bangladesh. (2) The Government may grant citizenship of Bangladesh to any person who is a citizen of any state of Europe or North Ameri..Category: Election Law | Date: | Hits: 94
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ...... give a blind eye to this naked truth of the present day situation. 19. In the present case, the learned Judges ought to have remembered that anticipatory bail is an extra-ordinary relief and this power should be exercised sparingly, only in an extraordinary and exceptional circumstances, not oth......J The State. .......... Petitioner. Vs. Zakaria Pintu alias Md. Zakaria Pintu and others. ...... Respondents. Judgment June 6, 2010. Lawyers Involved: Ekramul Haque, Assistant Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdul Ma......2009 passed by the High Court Division in Criminal Miscellaneous Case No.27040 of 2009) Judgment ABM Khariul Haque J.- This petition for leave to appeal is against the Order dated 08.12.2009, granting ad-interim bail to the respondent No.1 and directing the respondent Nos.2 to 14 to surrende..Category: Criminal Law | Date: | Hits: 68
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284.......uarely an appealable order under Order 43, rule 1(d) of the Code. Law is well settled that in the event of any remedy available in the Code itself no other remedy can be availed of. Even the inherent power under section 151 of the Code cannot be, also, invoked where the result would be nullification......Opposite Parties. Civil Revision No. 6285 of 1991 (Dhaka). Civil Revision No. 189 of 1987 (Comilla). Judgment AK Badrul Huq J.- The fate of this Civil Revision Petition hinges on answer to the following core question, whether a Miscellaneous Case under Order 9, rule 13 of the Code of C......der 9, rule 4 of the Code. No witness had been examined in support of case made out by defendant-opposite parties. The order under challenge, thus, suffers from patent illegality, perversity and a flagrant error of law and by the error failure of justice has been occasioned plaintiff-petitioner. ..Category: Procedural Law | Date: | Hits: 83
.... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280.......llegality in allowing amendment to the plaint as it does not change the nature and character of the suit and, as such, the impugned order calls for no interference by this Court exercising revisional power under section 115 of the Code of Civil Procedure.
11. The learned Advocate for the defendan......der Maqbul Huq J
Gold Topps Co. Hong Kong and others………………… Petitioner
Vs.
Trading Corporation of Bangladesh and Another…………………Opposite Party
Judgment
October 30, 2000.
Cases Referred To-
Delwar Hossain Vs. Mvi Abdul Jalil Chowdhury and others, 22...... plaint is set aside and the plaintiff’s application dated 17-7-88 praying for amendment of the plaint under Order 6 rule 11 of the Code of Civil Procedure stands rejected.
14. The order of stay granted earlier by this Court stands vacated.
15. In view of the fact that this is an old suit, i..
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......er section 27 of the Ordinance of 1983, Government appoints a Judicial officer to be an Election Tribunal and an Assistant Judge is appointed as Election Tribunal. 24. Under section 24 of the Code power of transfer had been conferred upon ‘District Judge and thus, learned ‘District Judge’ g......sional Jurisdiction) Present: AK Badrul Huq J Khandakar (Md.) Shahjahan……………Petitioner Vs. Md. Atiar Rahman Monshi & others…………Opposite Parties Judgment October 22, 2000. Cases Referred To- Muhammad Zulfikar Vs. Abul Kalam Chowdhury and others, 42 D......d in declaring the election result of all other centers void. From this score also the decision recorded by Election Appellate Judge suffers from patent illegality, legal infirmity, perversity and flagrant error of law. 35. On conspectus I am of this considered view that the election of the petit..Category: Election Law | Date: | Hits: 89
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259....... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......intiff’s Case in short, is that his maternal grandmother, Niroda Sundari, had been the owner of 0.26 acre of land of plot No. 30 measuring an area of 0.80 acre of land. She gifted 0.14 acre of land to the plaintiff by the registered deed of gift dated 12-9-1970 and thereafter died, leaving behind ......6-7-1992 as well as the order dated 14-7-1992 so far as they relate to comparison with the registered sale deed dated 23-10-1983 only are set aside without any order as to costs and the order of stay granted at the time of issuance of the Rule is hereby vacated. Let a copy of the judgment be comm..Category: Procedural Law | Date: | Hits: 85
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