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Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....im J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Md. Zaved now being detained in Dhaka Central jail, Dhaka vide Memo No. Miscellaneous Case No. 1586 of 1998 dated 22-12-98 (Annexure-B to the petition) issued under the signature of respondent No.2 should not...... order to set him at liberty but suitably and adequately compensated he must be. That we have the right to award monetary compensation by way of exemplary costs or otherwise is now established by the decision of this Court is Rendal Sah Vs. State of Bihar (1983) 3 SCR 508 (AIR 1983 (SC) 1086) and Se..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....e prisoners and other 155 ‘under trial’ prisoners held in Dhaka Central Jail for periods over 360 days and to submit the report of the result of the review to this court within 4(four) weeks from date and furnish a list of such ‘under trial’ prisoners in the Dhaka Central Jail and other Jail......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)
....rojpur-1, took place on the day of the general election to Parliament on 12-6-1996 and in the said election both appellant Sudhangshu Shekhar Haldar and the respondent took part along with other candidates Respondent No.1 having been declared appellant Mr. Sudhangshu Shekhar Haldar filed an election......s Appeal No.144 of 1997. There is another appeal being First Miscellaneous Appeal No.109 of 1997 preferred by respondent No.1 of the instant appeal, namely, Moulana Delwar Hossain Saydee, against the decision of the tribunal. Both the first miscellaneous appeals were taken up together for hearing an..Category: Election Law | Date: | Hits: 159
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....heque number was incorrectly typed and, as such, the complainant met the accused petitioner and then the accused petitioner asked the complainant to deposit the cheque afresh on 30-7-2000 but on that date also the cheque was dishonored when it was presented for encashment. Then the plaintiff served ......t of the notice, the proceeding is not liable to be quashed. 6. We requested the learned Advocates to cite any authority on this question of prematurely of cause of action. They could not cite any decision regarding the prematurely of cause of action of a criminal case. We also could not find any..Category: Criminal Law | Date: | Hits: 35
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
.... Chowdhury J. - This Rule at the instance of the plaintiff-petitioner arises out of an application under section 25 of the Small Causes Court Act, 1887 and is directed against the judgment and decree dated 26-11-1996 passed by the 4th Court of Assistant Judge and SCC Judge, Dhaka in SCC Suit No. 03 ......31 DLR case I cannot hold any opinion contrary to the law and find that the defendant opposite party is a defaulter. It is surprising to find that though issue No. 2 was framed by the trial Court for decision as to whether the defendant was a defaulter but no where in the judgment there is any findi..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....sion No. 3630 of 1998. Judgment Md. Abdur Rashid J.- This Rule was obtained by defendants upon making an application under section 115 of the Code of Civil Procedure against judgment and decree dated 14-07-98 passed by Assistant Judge, 5th Court at Dhaka in Title Suit No.127 of 1997 decreeing ......gned judgment and decree. 7. Mr. Shafique Ahmed, learned Counsel appearing for the petitioners, submits that the learned Assistant Judge committed serious error of law resulting in an error of his decision occasioning failure of justice in holding that the defendants dispossessed the plaintiff. H..Category: Civil Law | Date: | Hits: 82
Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)
....ucted by Syed M Rahman, Advocate-on-Record—For the Respondent No. 2. Not Represented—Respondent No. 1. Criminal Petition for Leave to Appeal No.159 of 2009. (From the judgment and order dated 3-3-2009 passed by the High Court Division in Criminal Miscellaneous Case No.5373 of 2009). ......ourt Division in Criminal Miscellaneous case No.15466 of 2007 directing the trial of the case by the Metropolitan Additional Sessions Judge. 5. It appears that the High Court Division relying on a decision of the High Court Division in the case of Abdul Kader Mirza Vs. Bangladesh, reported in 60 ..Category: Criminal Law | Date: | Hits: 34
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....Gudaraghat section 15 Ward No. (old) 4 (New 95) PS Kafrul, District Dhaka, without due process of law should not be declared illegal and without lawful authority being contrary to right to life as mandated by Article 32 of the Constitution. 2. Short facts leading to this Rule are that the petitio......awful authority and being violative of section 5 of the East Pakistan Government Land and Buildings (Recovery of Possession) Ordinance, 1970. In support of her contention, she refers a good number of decision of Indian Jurisdiction namely, State of Maharashtra Vs. Alka B Hingde AIR 1998 SC 2342; Shi..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
.... India and another, (1988) 3 SCC 255, the following statements were made: The working of the judges are cocktail based on Western Common Laws and American techniques, as such unproductive and outdated according to socio-economic conditions of the country . ........................ 182. Thi......oked………….The reason for this is that in a democracy the Court is assumed by every one to be Supreme. No one debates the supremacy of the Courts. 160. Nixon lost Power because of a Court decision. Jeremy Thorpe, the leader of Liberal party, was brought to Court, Civil Rights of minorit..Category: Criminal Law | Date: | Hits: 130
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....il Revision No. 2049 of 2001. Judgment Md. Abdur Rashid J.- This Rule was obtained upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 20-03-2001 passed by the Additional District Judge, 4th Court at Comilla in Election Appeal No...... District Judge at Comilla. The appeal was heard and allowed. The order of the Election Tribunal was set aside and the case was sent back on remand to the Election Tribunal with a direction for fresh decision after recount of the votes in four centers, namely, Dewannagar Non-Government Primary Schoo..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....Revision No. 785 of 1999. Judgment Md. Abdur Rashid J.- This Rule was obtained by the employer by making a revision application 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. ......stice. He also submits that the Court also erred in law in appointing one arbitrator for each of the parties beyond the terms of the arbitration agreement. In support of his submissions, he cites the decision in the case of Novelty Cinema, Lyallpur Vs. Firdaus Films and another PLD 1958 (WP) Lahore ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....er of rice and other goods. The defendants Nos.1-3 are the carriers of various goods including rice. Their local agent is defendant No.4, Karnaphuli Shipping Corporation. By the bill of lading No. 47 dated 30-3-95, issued by ‘MV Sargodha’ the defendant Nos.1-3 contracted to carry 296.910 tons of......their agent and the Port Authority and the Customs, the defendants discharged their liability having discharge the same containers which they took on board the vessel. Reliance has been placed upon a decision in the case of FFUI Co. Ltd. Vs. American President Lines reported in PLD 1992 (SC) 291 whe..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
....8.
Judgment
Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner North South Property Development Ltd, calling upon the respondents to show cause as to why notification dated 9-10-98 (Annexure-K) should not be declared to have been made without lawful authority and of ......ce, must satisfy that there is a foundation and thus has locus standi to make such a claim. In considering the same several factors which give rise to such legitimate expectation must be present. The decision taken by the authority must be found to be arbitrary, unreasonable and not taken in public ..
Category: Civil Law | Date: | Hits: 92
....e Suit No.32 of 1994 was filed by the plaintiff-Bank for realisation of Taka 16, 74,458.01 only with interest at the rate of 20% per annum from the defendants-petitioners. The trial Court by judgment dated 30-11-98 decreed the suit. Thereafter defendants-petitioners preferred FAT No.83/1999 before t......0=33 DLR (AD) 298 and also in the case of Triveni Engineering Works Ltd and others vs Belganga Sahakari Sakhar Karkhana Ltd., reported in 1 (1992) BC 487. The learned Advocate contends that these two decisions indicate that in Banking transactions Bank-guarantee may be construed cash money and follo..
Category: Banking Law | Date: | Hits: 108
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....ed loan as on 31-12-89 was brought forward with interest on 31-12-94 and, as such, the petitioner Nos.1 and 2 cannot be held liable for borrowing the amount and non-payment of the same within the due date. It appears from other materials on record that as soon as petitioner Nos.1 and 2 became direct......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....Petition No. 4891 of 2000. Judgment Md. Abdul Wahhab Miah J.- This Rule Nisi was issued calling upon the respondent to show cause as to why the impugned decisions and demand contained in letter dated 7-7-97 and 14-7-1997 (Annexures-C and C-1) and also in letter dated 11- 4-2000 (Annexure-H) sh......-General —For the Respondents. Writ Petition No. 4891 of 2000. Judgment Md. Abdul Wahhab Miah J.- This Rule Nisi was issued calling upon the respondent to show cause as to why the impugned decisions and demand contained in letter dated 7-7-97 and 14-7-1997 (Annexures-C and C-1) and also i..Category: Fiscal/Taxation Law | Date: | Hits: 91
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....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 in Miscellaneous Case No.13 of 2000 should n......as not considered the prayer for amendment invoking section 153 of the Code of Civil Procedure. Non-consideration of this aspect by the learned District Judge has resulted in an error in the impugned decision occasioning failure of justice. Having given my anxious consideration I am of the opinion t..Category: Procedural Law | Date: | Hits: 86
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....Respondents. Appeal From Original Decree (FA) No. 203 of 1993. Judgment NK Chakravartty J. - This appeal at instance of the defendants-appellants is directed against the judgment and decree dated 8-10-1992 and 5-11-1992 respectively passed by the learned Subordinate Judge, Third Court, Dha......s, rates cesses, tolls and fees and other money claimable by the corporation under this Ordinance shall be recoverable as Public demand.” 20. We have very carefully gone through the findings and decisions of the learned lower court and we find that the learned lower court took final decision on..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....te, 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 Division in Criminal Miscellaneous Case No.7370of2009) ......dings, we are of the view that the High Court Division having considered the relevant laws, all the materials on record and the submissions advanced on behalf of the petitioner arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petitio..Category: Criminal Law | Date: | Hits: 56
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....etitioner. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.240 of 2009. (From the judgment and order dated 26.11.2008 passed by the High Court Division in Writ Petition No.10220 of 2007.) Judgment ...... aside the impugned order No.60 dated 28.10.2007 passed in Money Execution Case No. 142 of 2000 by the Artha Rin Adalat, Bogra upholding the auction-sale. 5. The High Court Division arrived at its decision on consideration of the facts and circumstances of the case observing, amongst others, the ..Category: Civil Law | Date: | Hits: 79
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