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Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......sident to reject the recommendation of the Commission is clearly intended to establish the supremacy of the executive over the judiciary and undermine the independence of the judiciary. By giving the power to the President to totally disregard the recommendation of the Commission, the Ordinance, in ......hellip;……………………….Respondents Judgment August 7, 2008. Result: The Rule is made absolute in part. Cases Referred to- Secretary, Ministry of Finance vs. Masdar Hossain 52 DLR (AD) 82; Ahsanullah vs. Bangladesh......ing of the Commission, if requested to do so by so-called appropriate authority for selection of names, the Chief Justice has clearly been made subservient to said appropriate authority which is a flagrant violation of the constitutional separation and supremacy of the Supreme Court. Provision for a..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....od of 4(four) months to the satÂisfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ......perusal of the Medical Report it appears that the accused-appellant Nasim has been suffering from serious illness endangering life. 12. Section 3Ka of the Emergency PowÂers Ordinance, 2007 empowers the Government to make Rules to bring offences under other laws within the mischief of the R......n case of short-sentence not exceeding 3 years, when the appeal could not be disposed of within 90 working days for no fault of the appellant and/or in the case of serious illness endangering life to be certified by duly constituted Medical Board, may consider the matter of granting bail in an a......isposed of within 90 working days for no fault of the appellant and/or in the case of serious illness endangering life to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal." In this observation, the expresÂsion "and/or" ..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
.... time of issuance of the rule is hereby vacated.
The lower courts record be sent down at once with a copy of the judgment.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 135.
...... time of issuance of the rule is hereby vacated.
The lower courts record be sent down at once with a copy of the judgment.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 135.
......-Operative Housing Society Limited and others………….Opposite Parties
Judgment
August 5, 2008.
Result:
The Rule is made absolute.
Cases Referred to-
Md. Afazuddin Vs. Moyezuddin Shaikh being dead his heirs Tahejuddin Shaikand and others, 5 ......ar findings by the trial Court about the deed of agreement for re-conveyance and the subsequent deeds of sale as genuine. This goes to the root of the merit of the case. Since no relief could be granted to the plaintiffs without coming to any finding that any of the said deeds other than the de..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)
....ance with law. Office is directed to communicate the order at once. Md. Abdul Quddus J.-I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ...... The Narcotics Control Act, 1990 (Act No. 20 of 1990); section 22(ga) The offences prescribed under the Narcotics Control Act, 1990 are cognizable offence and therefore, the Police has the wide power to investigate the offences under the Act in view of the provisions laid down in Chapter XIV o......Narcotics Control Act, 1990 (Act No. 20 of 1990); section 22(ga) The offences prescribed under the Narcotics Control Act, 1990 are cognizable offence and therefore, the Police has the wide power to investigate the offences under the Act in view of the provisions laid down in Chapter XIV of Part......f the proceedings suffers from no legal infirmity, which calls for no interference by the Court. Thus the Rule having no merit fails. 11. In the result, the Rule is discharged. The order of stay granted earlier by this Court stands vacated. The proceedings of Session Trial Case No.273 of 2002 a..Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ......nd thereby reversing the judgment and decree passed by the trial court and hence no interference is called for by this court. 11. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure has been laid down in the several judicial pr......ellip;…………………………Opposite Parties Judgment July 30, 2008. Result: The Rule is discharged. Cases Referred to- Fatema Khatun Vs. Faizal Mia, 21 B.L.D.(H.C) 14; Khurshid Ali and others Vs. Noorjahan Bewa......ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ......§€ রোয়েদাদ বাতিল করিতে পারিবে।” A mere reading of section 42 (1) of the Act shows that the “আদালত” has been given wide power to set aside an award given by an arbitral tribunal except an international commercial Arbitra......hellip;……………………….Opposite Party Judgment July 13, 2008. Result: The Rule is made absolute. Case Referred to- Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers In......ate and revisional jurisdiction of this Division and in exercising revisional jurisdiction under section 115 of the Code against the decision of any election Appellate Tribunal this Division can grant any relief to which any aggrieved party is entitled to under the Ordinance. It may be stated t..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....n of SecÂtion 16A of the Ordinance i.e. unless the party seeking to invoke the provision satisfies the family Court, by affidavit or otherwise prima facie, the family court shall not exercise its discretionary power under the section in favour of the seekÂing party. The legislature has incorpo......ade absolute. The Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985); section 16A Condition precedent for invoking section 16A Section 16A of the Ordinance has empowered the family court to exercise discretion in respect of passing any interim order since the e...... The Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985); section 16A Condition precedent for invoking section 16A Section 16A of the Ordinance has empowered the family court to exercise discretion in respect of passing any interim order since the exercise of power under th......welfare of the minor daughter for which the impugned order passed by the family court allowing four days custody to the mother-respondent is liable to be set aside and as such the order of stay as granted by the learned District Judge against the said order is required to be kept as operative. ..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ......ir Lordships further held that "in the instant case, we do not find any such finding regarding the enquiry proceeding held by the domestic Tribunal or that the Authority has exceeded its jurisdiction/power given to it to make it invalid or without lawful authority or that the Authority having initia....... Second Labor Court ……………………..........................................Respondents Judgment June 17, 2008. Result: The Rule is discharged without any order as to cost. Case Referred to- James Finally PLC Vs. Chairman 2nd Labors Court, 57 DLR (AD) 19......terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ......wry had not been proved and therefore trial by the Bishesh Adalat was vitiated and accordingly setting aside the judgment and order of conviction and senÂtence sent the case to the Magistrate having power to take cognizance for proceeding with the case in accordance with the provisions of the Code ......¦Appellant Vs. Ershad Sheikh……………………Condemned-Prisoner Judgment June 17, 2008. Result: The reference is rejected. The jail appeal is allowed. Cases Referred to- State Vs. Mannan Gazi, 6 BLC 187; Asiman Begum Vs. State, 51 DLR (AD) 18; 51 DLR (AD) 18; Abd......vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ......s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ......oner Vs. Chairman, National Board of Revenue and others………………Respondents Judgment June 11, 2008. Result: These Rules are made absolute without any order as to cost. Lawyers Involved: Omar Sadat, Advocate — For the Petitioner. Sathika Hu......s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ..Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......n is merely an opinion as opposed to being a condition imposed on the Bank by the SEC. Given that the SEC has otherwise under Section 2CC of the Securities and Exchange Ordinance, 1969 the specific power to impose conditions, Dr. Zahir also points out that there is no reference in the opinion to...........Petitioner (In Matter No.05 of 2008) Vs. United Commercial Bank Ltd., 60 Motijheel Commercial Area, Dhaka repreÂsented by Mirza Mohammad Rofiqur RahÂman, Secretary, Board of Directors and others...............................................Respondents (In Matter Nos.01, 10 and......ccordance with the proviÂsions laid down in the Depositories Act, 1996, under the Act: A "depository" means a company formed and registered under the Companies Act, 1956, and which has been granted a certificate of registraÂtion under sub-section (1A) of section 12 of the Securities and ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ...... "Before the Deputy Commissioner acquires the jurisdiction to publish a notice under Section 3 an agreement with the non-Government requiring body is a sine qua non for the exercise of such power. It is a condition precedent. It cannot be whittled down by any device." 26. In the ...... Vs. Government of Bangladesh and others............Respondents Judgment June 12, 2008. Result: Writ Petition No.1448 of 2008 and 3071 are disposed of. Cases Referred to- M. A. Salam Vs. Government of the People's Republic of Bangladesh represented by the Se......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....ner submitted the statements of assets of her husband no further notice was necessary for lodging FIR against her. 12. He submitted that service of notice under rule 15N of the EP Rules, 2007 is discretionary and for want of service of such notice, lodging of FIR and/or initiation of criminal p...... 16. Close reading of aforesaid provisions of section 26 and 27 of the ACC Act, 2004 and rule ১৫ঘ (1) and (5) of the EP Rules, 2007 makes it clear to us that section 26 of the ACC Act, 2007 empowers the Commission, upon receipt of any information and after holding necessary inquiry thereon i......p;…………………….......................Respondents Judgment June 08, 2008. Result: The Rule is made absolute. Cases Referred to- Shafiqul Islam Shimul (Md.) Vs. Bangladesh, (2004) 56 DLR 239; Monsur Ali (Md.) and other V...... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ...... after both the petitioners joined the service of the Biman. It is important to note here that Regulations made under the authority of an Act/Ordinance cannot have retrospective effect unless such power is given in the parent enactment. In the present case, the Bangladesh Biman Corporation Ordin......on and others…………………………………… Respondents Judgment June 4, 2008. Result: The Rules are made absolute. Amendment of a plaint dates back to the filing of the suit. But the amendment of a substantive law by way of repeal or addition cann......nd 779 of 1998. Two Division Benches by two separate judgments made both the Rules absolute on 15.9.1998 and 23.9.1998 respectively. Against the judgment passed in those Writ Petitions, 'Leave' was granted by the Appellate Division in Civil Appeal Nos.37 and 38 of 1999. Both the appeals were all..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ......unauthorized and uncalled for, which resulted in serious harassment of innocent petitioner. Cognizance of the offeces against the petitioner was therefore serious misuse and abuse of the cognizance power of the Court. During emergency, what is happening today even after the sub-ordinate judiciary......rhana-For the Petitioner. None appear-For the Respondents. Writ Petition No.1365 of 2008 Judgment Mohammad Abdur Rashid J.-The above Rule NISI was issued asking the respondents to show cause as to why initiation and continuation of Special Case No.153 of 2007 arising out of G......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
....a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
......a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
......– 6, Sher-e-Bangla Nagar, Dhaka and others……………………………………………..Respondents
Judgment
May 18, 2008.
Result:Â
The Rule is made absolute.
Cases Referred to-
Mohammad Abid Khan and others Vs. Bangladesh and others of writ petition No. 3831 of 2001; Mu......zen of Bangladesh shall not, merely by reason of being of 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: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......e, they were telling the people of the Mahalla that in an opportune moment they would take possession of the suit property by dispossessing the plaintiffs therefrom. The defendants are very powerful and rich persons having so many 'goondas' at their disposal and they might disposse......itle Suit No.59 of 1994 decreeing the suit. 2. Respondent Nos.1 and 2 as plaintiffs filed the said title suit in the Court of Joint District Judge, 2nd Court, Dhaka for declaration of title to the suit land on the averments, interalia, that the land of C.S. khatian No.241 being plot No.390......posal of the suit. On the said application a notice was issued upon the defendants asking them to show cause within 10 (ten) days as to why an order of temporary injunction as prayed for shall not be granted. As the said application for temporary injunction could not be heard and the defendants were..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......Ain is fully competent to adjudiÂcate the matter and find out the actual dues of the bank, if any, and then pass necessary orÂder. Clause (1) of Order VII rule 10 of the Code of Civil Procedure empowers the Court to return a plaint for presenting to the Court having jurisdiction to entertain i......etiÂtioner. M. Saleem Ullah, Advocate-For the Respondent Nos.1-2. Writ Petition No.4603 of 2003 Judgment Sheikh Abdul Awal J.- In this Rule Nisi the respondents were called upon to show cause as to why Order No.11 dated 31.05.2003 passed by the respondent No.3, Artha Rin Adala......peÂtitioner. The decision cited by the learned Counsel for the petitioner is distinguishable on facts. Accordingly, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned a..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ...... This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ....... Md. Abdur Rahman ………………............................................Opposite Parties Judgment April 24, 2008. Result: The Rule is discharged without any order as to cost. The Code of Civil Procedure, 1908 (Act No. 5 of 1908); section 9 The Specific Rel......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
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