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Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......(2000) 120.......e of Civil Procedure will be hereinafter referred to as the Code in this judgment. 4. The facts of the Civil Revision Petition hinges on the answer is short but substantial question is whether the property of an order recorded by a Court below refusing to grant temporary injunction in an applicat......nder section 151 of the Code, also, issued notices upon the defendants to show cause as to why an order of mandatory injunction would not be issued against them. 12. Feeling aggrieved of the above adjudication, the plaintiff-petitioner approached this Court in an application under section 115 of ..Category: Property Law | Date: | Hits: 34
.... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
......
High Court Division
(Special Original Jurisdiction)
Present:
MM Ruhul Amin J
Md. Munsurul Hoque J
Salim (Md) …………………….Petitioner
Vs.
Assistant Commissioner of Land and Chairman, Debt Settlement Board and others………….. Respondents
Judgment
Novembe......No. 442 (Pathar) 89-90 Patharghata should not be declared to have been passed without jurisdiction and to be of no effect and/or such other or further orders passed as to this Court may seem fit and proper.
2. The case of the petitioner, inter alia, is that he purchased 0.25 acres of land appert...... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
..
Category: Property Law | Date: | Hits: 24
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......on (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Farzana Moazzem…………………………………………….Petitioner Vs. Securities and Exchange Commission and others.... Respondents Judgment July 15, 2001. Lawyers Involve......egistered under section 3 of the said Ordinance, 1969 the Security Exchange Commission (SEC) controls and regulates performance and activities of the DSE. Because the function of the SEC is to ensure proper issue of securities and to protect the interest of the investors in securities and to develop...... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66...Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....feres with the fundamental right of freedom of a citizen in addition to causing loss in many ways. 7. Mr. Maksudur Rahman took us through the entire judgment of Kerala High Court and relied almost completely on the findings and decision of that Court. Since it is a very exhaustive judgment coveri......sh Elahi……………. Petitioner Vs Government of the People’s Republic of Bangladesh……… Respondents Judgment October 25, 2000. Cases Referred To- Bharat Kumar K Palicha and another vs State of Kerala and others, AIR 1997 (Kerala) 291; AIR 1998 (SC) 1984 and State of Te......ding to work in the factories and other manufacturing establishments leading to loss in production.” The organisers of hartal also indulge in wanton acts of vandalism like destruction of government property and vehicles of all kinds. The political parties have the right to hold demonstrations or p......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....to start removing all the structures/encroachments within the territories of rivers Buriganga, Turag, Balu and Shitalakkya within one month from the date of receipt of this order and the work must be completed by 30.11.2010 as per direction of the judgment. 23. Pursuant to the direction given in ...... Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J City Sugar Industries Ltd. and others............Petitioners (In Civil Petition No.761 of 2010) Mollah Salt (Triple Refined)......he provision of law. 11. It was stated that disregard to laws and legal provisions encroachment, earth filling and temporary & permanent structures building is continuing and failure to ensure proper implementation of laws caused enough damage to the environment and adversely affecting life o......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......an.............................Appellant (In Civil Appeal No. 320 of 2008) Mejor Md. Akbar Hossain.....................Appellant (In Civil Appeal No. 321 of 2008) Vs. A. B. M. Khalequzzaman and others.........Respondents (In all cases). Judgment April 7, 2010. Cases Referred To- ......Sections 81, 85(3) and 396 of the Companies Act have been introduced in the statute to obviate some difficult situations in order to facilitate smooth functionings of the companies and to ensure that proper accounts are kept and the same is informed to the members of the company through AGMs, if tho......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411...Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....case of Israil Vs. Shamsur Rahman 41 ILR Calcutta 436, Mookerjee J held as follows at page 444: “In the case before us, therefore, prima facie, the defendants should not be allowed to proceed to complete the building which they have erected. But the case for the plaintiffs is materially strengt......s to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......fter obtaining an ad interim order of unction and loading the vessel with sand, how far contention that the plaintiff‑petitioner themselves released the vessel is correct, will be considered at the proper time, but it is not necessary to do so in disposing of this petition. As such, when specifica......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ......sion (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J SK Sinha J Hilly Housing Co-operative Society Ltd……………Applicant Petitioner Vs. Akhtaruzzaman Chowdhury and ors…………Opposite Parties Judgment June 4, 2001. Lawyers Involved: Rokanudd......uit No. 68 of 1999 in the 1st Court of Subordinate Judge, Sadar Chittagong against the petitioner and others praying for a decree for specific performance of a contract in respect of sale of the suit property. 3. The petitioner as defendant entered appearance before the learned Subordinate Judge......ety and the employees and office-bearers. An agreement for sale or purchase of property by or on behalf of the Society or questions of title and interest involved in any property cannot be matters of adjudication by the Registrar under section 86 of the Act as these are civil disputes amenable to th..Category: Civil Law | Date: | Hits: 70
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....e case of Secretary of State vs Mask and Co reported in AIR 1940 (PC) 105 where their Lordships of the judicial committee of the Privy Council, though dealing with a civil matter in connection with a complete ouster of civil Courts jurisdiction, has enunciated the principles relating to exclusion of......2007) 287. ......ion made by the learned Deputy Attorney-General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of the Criminal Procedure Code, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we ......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......urt Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J Abdul Malek (Md)……………………Petitioner Vs. Bangladesh and others……………Respondents Judgment April 12, 2006. Lawyers involved......e security and no show cause notice was necessary for that purpose. He further contends that although no show cause notice is necessary but the Government issued show cause notice and after holding a proper enquiry the petitioner having been found guilty of violation of the terms of the contract ano......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ..Category: Civil Law | Date: | Hits: 74
Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
....oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ...... State. Criminal Revision No. 555 of 2006. Judgment Sharifuddin Chaklader J.- This Rule at the instance of the convict appellant-petitioner who is in jail is against the judgment and order dated 15-3-2006 passed by the learned Sessions Judge, Munshiganj outright rejecting the ......ict whenever he/she is apprehended sentence will run from the date of such apprehension. The Court is to see whether there is satisfactory explanation for not preferring the appeal or revision in proper time. It might be in the appeal the accused may be acquitted. Appeal is the legitimate right ......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ..Category: Criminal Law | Date: | Hits: 36
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......so Reported in: 59 DLR (2007) 276.......ctim was under treatment in Manirampur Hospital from 23-9-1994 to 28-9-1994. During investigation he collected discharge certificate but the same was not seized. He denied the suggestion that without proper investigation he submitted a perfunctory charge sheet against the accused. 19. These a......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276...Category: Criminal Law | Date: | Hits: 82
....quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
......390 of 2005.
Judgment
Md. Abdur Rashid J.- The above Rule Nisi was obtained against an Order dated 23-4-2001 passed (Annexure D) by respondent No. 5 Deputy Commissioner, Customs, Excise and VAT imposing fine of Taka 43,84,398.56 upon the petitioner company for evasion of tax.
2.......quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
......f VAT. It already deposited a sum of Taka 54 lac pursuant to the notice and requested said respondent No. 6 to condone the irregularity, if any, committed.
5. But said respondent No. 6 made an adjudication by his order dated 23-4-2001 imposing a fine of exact amount of said Taka 43,84,398.56 ..
Category: Fiscal/Taxation Law | Date: | Hits: 63
....le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......eported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......namely, Kritiram Mandal, The defendants have no right, title, interest and possession in the suit land. Defendant Nos. 1-3 most illegally included the suit land in the list of vested and non-resident property and the same was illegally leased out to defendant Nos. 7-10. The cause of action arose on ......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
..
Category: Property Law | Date: | Hits: 27
....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......ul Matin J
ATM Fazle Kabir J
Amirul Islam (Md)……………………………………………………Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Home Affairs and others…. ……….Respondents
Judgment
May 15, 2006.
Cases Referred To-
Governme......held by their Lordships in the case of Nurul Islam vs. Bangladesh reported in 33 DLR (AD) 201 that a Court should not declare a law unconstitutional if the case in which the question is raised can be properly disposed of in some other way. Though the above view held by their Lordships is of minority......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258...
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ...... (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Anwara Begum .............................. ……………Petitioner Vs. Government of Bangladesh and others………….Respondents Judgment August 1, 2005. Cases Referred To- Banglade......t dated 28-4-1986 should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as to this Court may seem fit and proper. 2. It has been stated that House No. 29-A/A Second Colony/Mirpur), Dhaka (Kha 36) measuri......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......so Reported in: 59 DLR (2007) 247.......med J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the inclusion of the petitioner's building situated at House No. 1/15 Block-D, Mohammadpur, Dhaka as abandoned property in Bangladesh Gazette Extraordinary 'Kha' list published under the Abandoned Buildings (S......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247...Category: Property Law | Date: | Hits: 33
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Matin J Md. Abdul Hye J Nazir Ahmed………………..Petitioner Vs. Md. Amin Mia and anothers………….Opposite Parties Judgment March 7, 2007. Cases Referred To- Sam......to suffer simple imprisonment for 3(three) months under sections 404/420 of the Penal Code, should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Prosecution case, in brief, was that accused Md. Nazir Ahmed used to live in the house......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ..Category: Criminal Law | Date: | Hits: 40
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......………..Opposite Party Judgment March 5, 2007. Result: The Rule is made absolute. Cases Referred To- Devendra Kumar vs. Yar Bakld Choudhury, AIR 1939 Cal 220 (FB); King Vs. Paramand, AIR 1949 Pat 222 (FB); Dy Accountant General, Kerala vs. State of Kerala, AIR 1970 Ker 158 (FB)......also found his complicity in the murder of Tofizuddin. The learned Advocate further submits that in the application for withdrawal from the prosecution, the learned Public Prosecutor has not assigned proper reasons required by law and that the learned Additional Sessions Judge has accorded permissio...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ..Category: Criminal Law | Date: | Hits: 43
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....d to release the unused land and on the application of the plaintiff, the Ministry of Land by its memo dated 24-3-86 released 0.1482 acre of land in favour of the plaintiff and asked the DC, Dhaka to complete the process of release. When by an order dated 8-4-86 the plaintiff was asked to return Tak......ase is also Reported in: 59 DLR (2007) 207. ......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ..Category: Property Law | Date: | Hits: 32
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