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Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....e Nisi was issued upon an application under Article 102(2)(a) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause why the Notification No.403/Imn/III dated 18.4.73, Annexure‑B, to the petition issued by the Respondent No.1 in so far as it relates t......ment in the Parliament to the effect that the petitioner had filed an application praying for registration as a citizen of Bangladesh by surrendering his Pakistani passport that the matter is pending decision of the Government; that thereafter the Ministry of Home Affairs, Immigration Section vide l..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
.... to the decree‑holder. 2. Upon an application under section 115 of the Code of Civil Procedure a Rule was issued calling upon the Judgment‑debtor opposite‑parties to show cause why the order dated 8.5.85 passed by the learned Munsif, 2nd Court, Narayangonj rejecting the application for exec......Vs. Veda Brata Chakroborti and others reported in 16 DLR 61 and the other in the case of Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan reported in 1992 BLD High Court Division 323. All these four decisions are Single Bench decisions. 7. In the case reported in 13 DLR 531 Siddiky J, as his Lor..Category: Civil Law | Date: | Hits: 100
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
....il Review Petition No.17 of 2011) Not represented- Respondent Nos. 1-3 and 6-8 (In Civil Review Petition No.18 of 2011) Civil Review Petition Nos. 17-18 of 2011. (From the Judgment and order dated 1ST February, 2010 passed by the Appellate Division in Civil Petition No. 1044 (heard analogou...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 222
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....he Tribunal to the effect the warrant of arrest issued against the petitioner could not be executed as he was detained in custody in connection with some other criminal cases. Accordingly by an order dated 29-7-2010, the Tribunal directed the police to produce him before the Tribunal on 2-8-2010. On......n. Precisely speaking, the Tribunal is not amenable to the jurisdiction of the High Court Division for the purpose of the Code of Criminal Procedure and Article 109 of the Constitution. 26. In the decision in the case of Abdul Mannan Bhuiyan Vs. State reported in 13 MLR (AD) 150 adverted to by Mr..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....ich expertise is necessary and those matters are required to be considered when appointing the Chief Justice of the country. He pointed out from the provisions of the Constitution that there is no mandate for the appointment of the Chief Justice to be made from the senior-most Judge of the Supreme C......rity, i.e. the senior-most Judge of the Supreme Court to be appointed as the Chief Justice of Bangladesh, is an established convention and the same exists in India and Pakistan. By reference to the decisions of the Indian Supreme Court in the case of Supreme Court Advocates-on-Record Association a..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....his Court as part of the main Petition, this Court issued a Rule Nisi on 25-7-2005 calling upon the Respondents to show cause as to why the impugned Memo No.LA/Na:gonj/15/2004-2005/19(Sangjukta)/2004 dated 31-1-2005 Pra (Annexure-'D') addressed to the Commissioner, Dhaka Division (Respondent No. 2...... stated that notwithstanding these objections made, the Respondent No.3 without considering the same sent a report dated 31-1-2005 to the Respondent No.2, Commissioner, Dhaka Division for a final decision under Section 5(1) of the Ordinance for the purpose of constructing residential Quarters fo..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....No.1 (In all the cases) None Represented—For Respondent Nos.2-5. (In all the cases) Civil Petition for Leave to Appeal Nos.1718 & 2686 of 2010 and 869 of 2011. (From the judgment and order dated 12-4-2010 passed by the High Court Division in Writ Petition No. 7242 of 2009). Judgment ......d making such other enquiries as he considers necessary. The Revenue Officer is required to see whether any entry has been procured by fraud while making any order for correction of an entry and his decision should be based on the report of the Tahsildar. The Revenue Officer shall carefully examine..Category: Property Law | Date: | Hits: 68
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....No. 6114 of 2011. Judgment Md. Ashfaqul Islam J. - By this application the petitioner Golam Mustafa, who is the proprietor of Micro Trade Corporation a proprietary concern, challenges the order dated 23-6-2011 issued by the respondent No.2 on behalf of respondent No.1 directing the Manager, Me......act unless there is an allegation of fraud. This proposition of law is well settled. In Uttara Bank Vs. Macneill & Kilburn [33 DLR (AD) 298] the Appellate Division on this point observed: "The decisions show that Court will not interfere by granting an injunction from performing or discharg..Category: Business or Commercial Law | Date: | Hits: 200
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....he Adalat, in short) and renumbered as Money Suit No. 27 of 1990. The defendant-petitioner did not receive any summon of the suit. Eventually, the suit was decreed ex parte by judgment and decree dated 1-8-1991 (decree signed on 10-8-1991). The judgment-debtors having failed to pay the decretal ......tion, we are of the view that subsequent Money Decree Execution Case No.42 of 2002 for execution case of the said decree is also barred by limitation. 9. This view of ours is also supported by the decision in case of Montaj Ali Akonda and others Vs. Kefatullah Mondal being dead his heirs 1(a) son..Category: Civil Law | Date: | Hits: 83
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....for confirmation of the sentence of death imposed upon absconding accused Sanwar Hossain on his conviction for the offence punishable under sections 302/34 of the Penal Code by his judgment and order dated 12.11.90, passed in Sessions Case No. 48 of 1989. By the same judgment and order the learned A......dging of the FIR as introduced by the learned Additional Sessions Judge was nothing but a fiction of imagination. 31. In this connection Mr. Abdul Malek and Mrs. Salma respectively referred to the decisions in the case of State Vs. Bashirullah reported in 16 DLR 189 and the case of Mafu @ Mafizud..Category: Criminal Law | Date: | Hits: 91
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....arty Nos.1-3. Civil Revision No. 4572 of 2009. Judgment Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and decree dated 24-8-2009 (decree signed on 30-8-2009) passed by the learned Additional District Judge, 7th Co...... father is entitled to be the guardian of the property of a minor, who is empowered to sell the property for the benefit of the minor. The learned Advocate to fortify his submission has relied on the decisions reported in 5 BLC 649, 59 DLR (AD) 39, 56 DLR 285, 29 DLR (SC) 211. 11. On the other ha..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....in favour of the respondent No.1. 3. As stated in Arbitration Application No.1 of 2007 and bearing reference to the documents annexed to that Application, HELM had entered into two contracts, both dated 12-11-2006, with BCIC for the supply of two lots of 12,500 MT each of prilled urea in Bag with......at— ………………………………… (iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decision on matters beyond the scope of the submission to arbitration;” 7. As evident from the ..Category: Alternative Dispute Resolution | Date: | Hits: 172
State Vs. Jabbar, 2010, 39 CLC (AD)
....l, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.33 of 2009. (From the judgment and order dated 2.12.2008 passed by the High Court Division in Criminal Appeal No.6459 of 2007.) Judgment ......htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ..Category: Criminal Law | Date: | Hits: 53
....structed by Abu Siddique, Advocate-on-Record-For Respondent No. 2.
Not represented-Respondent Nos. 1, 3-4.
Civil Petition for Leave to Appeal No. 1896 of 2008.
(From the Judgment and order dated 22.09.2008 passed by the High Court Division in Writ Petition No.7430 of 2008)
Judgment
......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division.
Accordingly, this petition is dismissed.
This Case is also Reported in: VIII ADC (2011) 439. ..
Category: Procedural Law | Date: | Hits: 76
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....cate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2 Not Represented-For Respondent No.1. Civil Petition for Leave to Appeal No.102 of 2010. (From the judgment and order dated 2.7.2009 passed by the High Court Division in First Appeal No. 415 of 2003.) Judgment Su......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)
....eneral, instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Not represented-For the Respondent. Civil Petition for Leave to Appeal No. 42 of 2010. (From the judgment and order dated, 8.11.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.240 of 2009. ......he petitioners failed to explain the delay by assigning proper reasons. 3. Sub-section (2) of Section 6 of the Administrative Tribunal Act, 1980 provides that any person aggrieved by an order or decision of the Administrative Tribunal may prefer an appeal to the Administrative Appellate Tribuna..Category: Administrative Law | Date: | Hits: 206
....Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant.
Ex-parte-the Respondents.
Civil Appeal No. 46 of 2002.
(From the judgment and order dated the 2nd day of July, 1998 passed by the High Court Division in Writ Petition No.1050 of 1998)......., we find no substance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
.... A.S.M. Khalequzzaman, Advocate, instructed by Mrs. Shahanara Begum, Advocate-on- Record-For the Respondent. Civil Petition for Leave to Appeal No. 2401 of 2009. (From the judgment and order dated 27.10.2009 passed by the High Court Division in Civil Revision No.352 of 2008). Judgment ......ncluding the original sale deeds and proved his title to suit land. 17. Therefore, the High Court Division concurred with the findings of the Court of appeal below. The findings arrived at and the decision made by the High Court Division are based on proper appreciation of the materials on record..Category: Property Law | Date: | Hits: 79
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....ructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-For Respondent No. 2. Civil Petition for Leave to Appeal No. 501 of 2010. (From the judgment and order dated 4.2.2010 passed by the High Court Division in Writ Petition No.11685 of 2006.) Order Sur......sents the authority of the State. Those who exercise the State-power are Ministers, Legislators and Judges and not the members of their staff who implement or assist in the implementation of their decisions. So in that view of the matter, the members of the Judicial Service cannot be equated with..Category: Constitutional Law | Date: | Hits: 441
....ted by Syed Mahbubur Rahman, Advocate -on-Record-For Respondent Nos.1-2.
Not represented-Respondent Nos. 3-5.
Civil Petition for Leave to Appeal No.1093 of 2010.
(From the judgment and order dated 17.02.2010 passed by the High Court Division in First Appeal No.117 of 1998).
Judgment
S......ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
..
Category: Property Law | Date: | Hits: 82
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