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Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Bijan Kumar Das J Habib Bank Limited………………….Appellant Vs. UAE Bangladesh Investment Company Limited and another……….Respondent Judgment May 28, 1998. Lawyers Involved: Syed Ishtiaq ......dant No.3 to transfer the amount to American Express Bank, New York Branch Account Agrani Bank. Defendant No.3 informed defendant No.1 that the matter was referred to their Head office at Karachi for proper instruction. Then again, defendant No.1 requested defendant No.3 for the transfer of the amou......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....by their Lordships that “the Constitution makers attached so much importance to the necessity of absolute freedom in debates within the legislative chambers that they thought it necessary to confer complete immunity on the legislators from any action in any court in respect of their speeches in th......me Court High Court Division (Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J Ataur Rahman Khan…………………………Petitioner Vs. Md. Nasim and another……………………….Respondents Judgment October 28, 1999. Cases Referr...... is further stated in the application that the Home Minister was censuring and abusing the learned Judges of the Supreme Court on the floor of the Parliament. There was no substantive motion drawn in proper terms in term of Rule 270 of the Rules of Procedure of Parliament. It is further stated that ......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..Category: Criminal Law | Date: | Hits: 54
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. ......ase is also Reported in: 4 BLC (1999), 600. ......to people to enforce their human rights guaranteed by the Constitution and to uphold the supremacy of the Constitution and rule of law including taking action in the public interest to protect public property and rights, as envisaged by the law and the Constitution. Meanwhile during last three years......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. ..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....ears that a Suo Moto Order No. 248 of 2003 after hearing the petitioner and the learned Attorney-General was passed with the following directions- (1) Trial, if any, of all Juvenile accused to be completed with utmost expedition by the Juvenile Courts and the concerned Law enforcing agencies. Pr......his Case is also Reported in: 57 DLR (2005), 11.......te and furnish a list of such ‘under trial’ prisoners in the Dhaka Central Jail and other Jails in this country and or pass such other or further order or orders as to this court may seem fit and proper. 2. It has been asserted that the petitioner is a national legal aid and services organiza......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11...Category: Criminal Law | Date: | Hits: 45
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....y what the appellant had prayed for, merely, for declaring the election of the returned candidate to be void. It is submitted that this being the position, the appellant in the above noted appeal had completed relief and there was nothing in the Judgment for him to be aggrieved of and, as such, he w......(Civil Appellate Jurisdiction) Present: Md. Abdul Karim J Amirul Kabir Chowdhury J Sudhangshu Shekhar Haldar ………………………..Appellant Vs. Moulana Delwar Hossain Saydee and others..…………..Respondents Judgment June 25, 1998. Cases Referred To- Pateshw......e submits that there was serious allegation in the body of the election petition regarding illegality in the conduct of poll in respect of several centres, which were not taken into consideration and properly decided by the tribunal and, as such, being aggrieved by the said decision, the petitioner,......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ..Category: Election Law | Date: | Hits: 159
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......lls and peacefully possessing the said Basti for long 20 years. She adds that they have acquired a vested and legal right to be treated in accordance with law and eviction of the petitioners, without proper notice and without allowing sufficient time is arbitrary, illegal, without lawful authority a...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....factors for backlog of cases have not been mentioned by him. We have already pointed out the other major factors which largely contribute to the backlog of cases but that aspect of the picture was completely omitted by him as a result of which the statements made had adverse impact upon the memb......sion. Not only that she is a newscaster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as pr...... the affidavit-in-opposition filed by the contemner is inadequate in its expression of regret and remorse over the incident. In particular, we find that there is no open acknowledgment of guilt, no proper regrets and no undertaking not to commit an offence of this kind again. A Court is loath to......date then the dignity, authority and prestige of this institution is bound to degenerate and will ultimately ruin the institution itself and it will lose its impartiality which is sine qua non for adjudication in judicial matters. Therefore, to maintain the high standard of institution the memb..Category: Criminal Law | Date: | Hits: 130
....ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
...... case is also Reported in: 52 DLR (HCD) (2000) 4.
...... long after the submission of the Memorandum of Appeal. So, this deposit is not in accordance with the provision of Section 7 of the Artha Rin Adalat Ain and, as such, the same cannot be construed as proper and legal deposit. So, though the appellant has deposited 50% of the decretal amount on 5-4-9......ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
..
Category: Banking Law | Date: | Hits: 108
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. ...... 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. Result: ......11- 4-2000 (Annexure-H) should not be declared to have been made without 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. In the writ application it has been stated, inter alia, that the petitioner a private ......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
....wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365....... also Reported in: 53 DLR (2001) 365.......he Government officials concerned are to explain the delay for each day for condoning the delay. In the application under section 5 of the Limitation Act, a general explanation has been given without proper explanation for delay of each day.
7. If a school teacher like the plaintiff opposite part......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365...
Category: Procedural Law | Date: | Hits: 88
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.......dge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......r permanent injunction restraining the defendants from dispossessing the plaintiff or his tenants or any other persons of the plaintiff or disturbing the plaintiff’s peaceful possession of the suit property. In the said suit the plaintiff prayed for an order of temporary injunction which was ultim......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...Category: Procedural Law | Date: | Hits: 86
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......so Reported in: VII ADC (2010) 605.......ss of the R.S. and S.A. khatians in the name of his predecessor Mahesh Chandra Dhupi and denied plaintiffs title and possession in the suit land and stated that non-suited holdings were his paternal, properties acquired otherwise. 4. The defendant Nos. 12-15 who are petitioners Nos. 6-9 and the......s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605...Category: Property Law | Date: | Hits: 27
Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)
....the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593.......Appellate Division (Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Surendra Kumar Sinha J Alekjan Bewa and others……………………....Petitioners Vs. Arefa Bewa and others………………......nt findings of the Courts below. A partition suit remains pending till the date of passing of the final decree and if any co-sharer prays for allotment of saham out of the ejmali land on payment of proper Court fee, the Court can allow such prayer out of the ejmali property without disturbing the ......the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593...Category: Property Law | Date: | Hits: 23
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
.... is condoned. Preparation of the paper book is dispensed with as prayed for. The petitioner is permitted to add additional ground. Ed. This Case is also Reported in: VII ADC (2010) 587.......resent: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Government of Bangladesh………………......Petitioner Vs. Md. Atiar Rahman Khan and others..............Respondents Order January 10, 2010. Lawyers Involved: Murad Rez......erties having been vested in the government under the President's Order No.29 of 1972 as amended by the President's Order No.134 of 1972 and under Act XLV of 1974, the Government of Bangladesh is the proper person to institute the suit in respect of the vested properties and that the Additional Depu...... is condoned. Preparation of the paper book is dispensed with as prayed for. The petitioner is permitted to add additional ground. Ed. This Case is also Reported in: VII ADC (2010) 587...Category: Limitation Law | Date: | Hits: 149
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ......ourt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Surujit Bose (Raju)…......................Petitioner Vs Bangladesh and others…………........Respondents Judgment January 26, 2010. Lawyers Involved: A......gment and order dated the 2nd day of August, 2009 passed by the High Court Division in Writ Petition No.3418 of 2008 discharging the Rule. 2. The facts involved in the case, in short, are that the property in C.S. Plot No.65 is a Debutter property created by Roy Bahadur Karuna Das Bose by a reg......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ..Category: Property Law | Date: | Hits: 23
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
.... decision 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: VII ADC (2010) 541.......eported in: VII ADC (2010) 541.......ending the case back on remand to the trial Court, failed to discharge its responsibilities as all the materials were available before it. 5. 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...... decision 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: VII ADC (2010) 541...Category: Civil Law | Date: | Hits: 72
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....f his term of sentence is violation of Human Rights and Fundamental Rights. It was they duty of the Government to take steps in time for their release. It is natural that some time would be needed to complete formalities of their release because Embassies of the different countries require to be con...... No. 2737 of 2001. Judgement Md. Hamidul Haque J.- This suo-motu Rule was issued on the basis of a letter addressed to Hon’ble Chief Justice by Dr. Faustina Pereira, Advocate of Supreme Court and also Coordinator of Advocacy Ain o Salish Kendra. The Hon’ble Chief Justice directed the Regis......e formalities the prisoners could not be released. As we have noticed earlier that some of the prisoners already are in jail for more than 6 years after serving out the sentences, it should have been proper for the jail authority and also Ministry of Home Affairs to take appropriate steps for their ......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...Category: Constitutional Law | Date: | Hits: 123
....া হইল।
বিচারপতি জনাব আব্দুল আউয়াল: আমি একমত ।
সমাপ্ত।
This Case is also Reported in: 61 DLR (2009) 104.
......রে: “Let a Rule Nisi issue calling upon the Respondents No.1-4 to show cause as to why they should not be directed to given effect to the “The Chittagong Hill Tracts (Amendment) Act 2003” and section 26 of the Nari-o-Shishu Nirjatan Daman Ain 2000 and other laws and or pass such other or......ll Tracts (Amendment) Act 2003” and section 26 of the Nari-o-Shishu Nirjatan Daman Ain 2000 and other laws and or pass such other or further order or orders passed as to this Court may seem fit and proper.
The Rule is made returnable within 6 (six) weeks from date.”
৪। জনাব ই......া হইল।
বিচারপতি জনাব আব্দুল আউয়াল: আমি একমত ।
সমাপ্ত।
This Case is also Reported in: 61 DLR (2009) 104.
..
Category: Constitutional Law | Date: | Hits: 117
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. ...... Shah Abu Nayeem Mominur Rahman J A.B.M. Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The State. .......... Petitioner. Vs. Zakaria Pintu alias Md. Zakaria Pintu and others. ...... Respondents. Judgment June 6, 2010. Lawyers Involved: Ekramul Haque,......y the fabrics of the civilised society. After all, it is the first and foremost duty of the State to bring the offenders to book in order to ensure justice in the society. 18. It may be noted that proper investigation is the precondition for ensuring dispensation of justice. Mainly for that purpo......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. ..Category: Criminal Law | Date: | Hits: 68
.... 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....... also Reported in: 53 DLR (2001) 280.......rder. It is found that the impugned order is not only cryptic and non-speaking in nature but also it is evidently illegal as nowhere it has been spelt out that the proposed amendment is necessary for proper and effective adjudication of the matters in controversy between the contending parties and t......t the impugned order is not only cryptic and non-speaking in nature but also it is evidently illegal as nowhere it has been spelt out that the proposed amendment is necessary for proper and effective adjudication of the matters in controversy between the contending parties and that such amendment do..
Category: Civil Law | Date: | Hits: 91
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