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Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....is similar to that which was exercised by the Chancellor in the Court of Equity, which connotes that the Court can travel beyond the strict terms of the Rule, where such a move is necessitated by the principle of equity fairness and justice. In support of his submission Mr. Huq cited the case of Sta...... Mahmood Tuku, 60 DLR AD 147; M.A. Hai Vs. TCB, 40 DLR AD 206; Bangladesh Vs. Haque, 16 DLR (AD) 147; Jaha Howlader Vs. C.M.M. Court, Dhaka, 58 DLR 106; Emperor Vs. Nazir Ahmed, AIR 1945 PC 18; Shrei International Finance Ltd Vs. M G Narayana, 1998 Cr. L J 2220; State of UP Vs. OP Sharma, AIR 1996 S......; R Vs. Reading Crown Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr. L. R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calvel..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is similar to that which was exercised by the Chancellor in the Court of Equity, which connotes that the Court can travel beyond the strict terms of the Rule, where such a move is necessitated by the principle of equity fairness and justice. In support of his submission Mr. Huq cited the case of Sta...... Mahmood Tuku, 60 DLR AD 147; M.A. Hai Vs. TCB, 40 DLR AD 206; Bangladesh Vs. Haque, 16 DLR (AD) 147; Jaha Howlader Vs. C.M.M. Court, Dhaka, 58 DLR 106; Emperor Vs. Nazir Ahmed, AIR 1945 PC 18; Shrei International Finance Ltd Vs. M G Narayana, 1998 Cr. L J 2220; State of UP Vs. OP Sharma, AIR 1996 S......; R Vs. Reading Crown Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee, DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr. L. R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calvel..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
......les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
......lias Iqbal Hasan Mahmood Tuku, 60 DLR (AD) 147; Anti Corruption Commission and others Vs. Sheikh Hasina Wazed, 60 DLR (AD) 172; Nazimuddin (Md) Chairman Vs. Government of Bangladesh, 61 DLR, 81.
Lawyers Involved:
Rafique-Ul-Huq, Senior Advocate with Abdur Razzaq, Advocate with Md. Yousuf ..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......ct and the sanction that is provided under section 46 of the Children Act…………………………(34) Case Referred to- State Vs. Metropolitan Police Commissioner, Khulna, 60 DLR 660. Lawyers Involved: Ms. Fahima Nasrin, Advocate-For three children. Md. Nazrul Islam Talukder, D..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....y suit or execute any decree arising out of normal civil suit. So far the question of jurisdiction of the Bankruptcy Court is concerned the section 38 of the Code of Civil Procedure is the guiding principle. This section 38 provides that the Court decreeing the suit is the Court for executing th......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ...... application from the decree holder but not at the desire of the judgment debtors……………………………….(20) Case Referred to- Mathai Vs. Varkey, AIR 1964 (SC) 907. Lawyers Involved: Mansur Habib - For the Petitioners. No one appears - For the Opposite P..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......another reported in 8 B.L.T. (AD) (2000) 42; Sreemoti Protiva Rani Dey (Tritha) Vs. Md. Yusuf, Medical Officer, Emergency Department, Chittagong Medical College, and others 20 B.L.D (AD)(2000) 54. Lawyers Involved: Md. Harun-Or-Rashid-For the Petitioner. M. A. Mannan Mohan, Deputy Attorney-..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......Cases Referred To- Kutu Chand Miah Vs. Rabindra Kumar Deb and others, 22 DLR 29; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs Amena Khatun and others, 35 DLR (AD) 338. Lawyers Involved: Abdul Quayum with Sk. Md. Morshed-For the petitioner. Md. Omar Faruque-For the o..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
.... exhibit-13 in place of plot No.138,
but no finding about possession of the plaintiffs in the suit land and their
dispossession by the defendants as alleged has been given.
11. The established principle of law is
that, in a suit for declaration of title and recovery of possession, the plaint......he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......overy of possession, the plaintiff
must prove his title to and possession and dispossession from the suit land. .....................(11)
Cases Referred to-
2 BLC (AD) 134; 4 BLC 310.
Lawyers Involved:
Md. Serajul Haq - For the petitioners.
M. Hashmat Ullah Sheikh - For th..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......nd arbitrary and the respondent's claim for payment of additional VAT cannot sustain in law. 5. It is further stated that there were SIX consignments that were awaiting clearance at the International Airport against letters of credit opened in the name of Nuvista Pharma Limited ......ave petition is dismissed. Cases Referred to- Injunction on the Bank Guarantee cannot sustain in view of the decision of the Uttara Bank Vs. Macneill & Kilburn, 33 DLR (AD) 298. Lawyers Involved: Ajmalul Hossain, QC Senior Advocate, instructed by Md. Wahidullah, Advoc..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....R 1967 SC 1044 it was observed: "The question is, can such a person represent the idol when the Shebait acts adversely to its interest and fails to take action to safeguard its interest. On principle we do not see any jurisdiction for denying such a right to the worshipper. An idol is in t......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......lip;………………(13) The relation of a Shebait in regard to the debuttor property is not that of a trustee to trust property under the English law. In English Law, the legal estate in the trust property vests in the trustee who holds it for the benefit of the..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......erefore, cannot be given effect to, in particular since it is inconsistent with our domestic law as enunciated in the decision of our Appellate Division. He further submits that the provisions of the International covenants and the requirements of Western views to be taken into account in accordance......e Secretary, Ministry of Home Affairs, 5 BLT (AD) 1; Rehana Begum and another Vs. Govt. of Bangladesh and others, 18 BLD 410; Mt. Bhagwati Vs. Dist. Judge of Aligarh AIR 1933, Allahabad 480. Lawyers Involved: Humayun Hossain Khan, Senior Advocate with Md. Shahjahan, Advocate, Apeal Uddin..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
....ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......ary, Ministry of Education and another..............................Petitioners Vs. Syed Md. Belayet Hossain ........................................Respondent Order December 10, 2009. Lawyers Involved: A.K.M. Zahirul Haque, Additional Attorney General, instructed by Mrs. Sufia Kha..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
.... that the facts of that case referred to above are quite distinguishable with that of this present case as such the decision referred to above is not applicable in this present case. It is settled principle of law that a naraji petition is treated as a fresh complaint. In the instant case, we fi...... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ......€¦(11) Cases Referred to- Abul Kashem Khan Vs. the State, 56 DLR 435; Nakib Ashrab Ali Vs. the State and another, 7 BLT 370; Md. Ismail Vs. Md. Rafiqul Islam and others, 27 BLD (AD) 247. Lawyers Involved: Md. Shakhawat H.Khan, Advocate - For the petitioners. Sarwar Ahmed with ..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....s........................Respondents Judgment November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to adversely af......ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ......gladesh, 60 DLR 61; Bangladesh Vs. Md. Selim Reza, 2003 BLD (AD) 193 = 8 BLC (AD) 126;R.v. Sussex Justices, ex p. McCarthy, (1924) 1 KB 256, 259; Zakir Ahmed Vs. University of Dacca, 16 DLR 361. Lawyers Involved: Zainul Abedin with SM Atikur Rahman—For the Petitioners (In all the Wri..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
....onstruct a boundary wall which has been
demolished by the contractor within such period.
Stay granted earlier by this court is
hereby vacated.
Ed.
This Case
is also Reported in:
......onstruct a boundary wall which has been
demolished by the contractor within such period.
Stay granted earlier by this court is
hereby vacated.
Ed.
This Case
is also Reported in:
......
The Mayor, Dhaka City Corporation and other.....................Respondents.
Judgment
November 17, 2009.
Result:
The Rule is made absolute without any order as to costs.
Lawyers Involved:
Md. Manzill
Murshid, Advocate - For the Petitioner.
M.A. Baqui,
Advoca..
Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......ging Director, 10 BLC (HCD) 747; S A Sultan Vs. The State and another, 44 DLR (AD) 139; Aminur Rahman (Md.) Vs. State and another, 8 BLC 518; Nurul Islam Vs. State and another, 49 DLR (HCD) 464. Lawyers Involved: Mohd. Ziaul Hoque, Advocate - For the Accused-Petitioner. Ms. Bead..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......red to- Romisa Khanam Vs. Bangladesh 61 DLR 18; Md. Abtab Ali Sheikh Vs. Director of Land Records, 58 DLR 397=11 MLR 226; Capital Co-operative Housing Society Ltd Vs. Bangladesh 45 DLR 289. Lawyers Involved: Md. Khalilur Rahman, Advocate—For the Petitioners. SRM Lutfor Rahm..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
....consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......1183 of 2009) Dr. Kamrun Nahar and others.................Respondents (In Civil Petition No.1225 of 2009) Judgment October 14, 2009. Result: The petitions are dismissed. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate, instructed by Md. Zahirul Islam, Advocate..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......led would cause injustice to the accused…………………….(21-23) Case Referred to- Abdur Rashid Vs. the State, 60 DLR ( HCD) (2008) 629. Lawyers Involved: Subrata Saha with Md. Belayet Hossain - For the Accused-petitioner . A...Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)
.... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ...... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ......conceived…………………………………..(10) Case Referred to- Safaruddin Vs. Fazlul Haque, 49 DLR (AD) 151. Lawyers Involved: No one appears - For the petitioner. No one appears- For the Oppos..Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127
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