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Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....se of non-availing thereof provided in the Statute then the person challenging the legality of the action of the said authority is precluded from invoking under Article 102(2) of the Constitution the extraordinary jurisdiction of this Court and in support of the said submission he has referred to th......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......t High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Iftikhar Rasool J Delicia Dairy Food Ltd……..........Petitioner Vs. Collector of Customs and others ………………….Respondent Judgment June 25, 1998. Result: The Rule is ..Category: Fiscal/Taxation Law | Date: | Hits: 189
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......eing No.4604 dated 6-1-1988 and also sworned an affidavit that mortgage property in any manner would not be sold to any one till payment of loan of the Bank. The defendant did not pay the loan as per terms and condition of the sanctioned letter. Plaintiffs for repayment of the loan requested defenda...... is also Reported in: 62 DLR (HCD) (2010) 474. ..Category: Civil Law | Date: | Hits: 156
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......ndents regarding maintenance of the River and environment and ecology of the area. 30. Section 2 of the Bangladesh Paribesh Sangraksman Ain, 1995 (hereafter referred to as the Ain) has defined the terms of ‘দূষণ’ (pollution)' ‘পরিবেশ’ (environment) and ‘পরিব...... Bangladesh Environment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Banglade..Category: Environmental Law | Date: | Hits: 1019
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......arties actually before it." Order 1, rule 10, sub-rule (2), is as follows:- "The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whe......hamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ayub Vs. Bangladesh represented by the Secretary, Ministry of Works and other, 39 DLR (AD) 111; AIR 1960 (J & K) 67; Banarash Das Durga Prashad Vs. Panna Lal Ram Ri..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
.... in joint possession in dispute and one of them tries to evict the other so as to endanger the public peace. 10. The power in sub-section (4) of section 145 of the Code of Criminal Procedure is an extraordinary power which can only be exercised in a case of emergency and should not be resorted ......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......is Case is also Reported in: 42 DLR (HD) (1990) 70...Category: Criminal Law | Date: | Hits: 126
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......any notice, and shall be entitled to receive pay only upto the date of such dismissal. This shall be without prejudice to any other rights of and remedies with the Bank." Save and except the above terms and conditions of the service, there was no provision for holding and conducting enquiry prior......the Opposite Party. Civil Revision Case No. 111 of 1989. Judgment Abdul Bari Sarker J.- This application under section 115 of the Code of Civil Procedure is directed against the Judgment and decree passed by Mr. Md. Habibullah, Additional District Judge, Khulna in Title Appeal No.254 of..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......ির তদন্ত পুনরায় চালু করার প্রয়োজনীয় আদেশ প্রদানের মর্জি হয়।“ This application is obviously in terms of section 173 (3B) Cr.P.C. On 14.7.88 on receipt of this application the Chief Metropolitan......302/34 arising out of Dhanmondi P.S. Case No. 3(II) 86. A Suo-Motu Rule being No.47/89 was also issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka, the Chief Metropolitan Magistrate, Dhaka and the Secretary, Ministry of Home Affairs, Government of Bangladesh and accused Shah Alam Chowdh..Category: Criminal Law | Date: | Hits: 127
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......nnocent and he has been falsely implicated in this case out of suspicions and he is in no way connected with the murder of his father Nona Mia with whom he was living in a joint mess and in cordial terms. 7. Prosecution examined 7 witnesses including official witnesses but defence examined none...... Appellant. Golam Mohiuddin, Advocate—For the State. Criminal Appeal No.97 of 1984. Judgment Syed Fazle Ahmed J.- Appellant Md. Nasir alias Nasir alias Nasir Ahmed along with Nur Nabi and Enamul Hoque were placed on trial before Additional Sessions Judge, Noakhali to answer a charger..Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ...... money of Tk. 1, 000/- would be paid by the plaintiff by 31st December, 1984 and then regular sale deed would be executed by defendant No.1 Gouranga Chandra Kunda in favour of the plaintiff. As per terms of the Bainapatra when the plaintiff offered to pay Tk.1, 000/-and demanded the execution of t......86. ..Category: Civil Law | Date: | Hits: 133
.....
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
...... December, 1990, unless renewed for a further term by agreement of both parties. It's also undisputed that the petitioner and the Respondent No.1 executed two separate deeds of contract embodying the terms of the contract. It is also accepted by both parties that in compliance to a decision of t......ecial Original Jurisdiction)
Present:
Abdul Matin Khan Chowdhury J
Naimuddun Ahmed J
Conforce Limited, a Limited Liability Company………...Petitioner
Vs.
Titas Gas Transmission and Distribution Co. Limited, a Public Limited Liability Company & another……………….R..
Category: Others | Date: | Hits: 227
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......vering the judgment observed "It seems to me therefore that the balance of authority in this court is in favour of the view that an appeal lies against the order even when a decree has been passed in terms of the compromise". In the case of Umia-shankar Naranji Vs. Shivshankar Prabhashankar, 1944 Bo........Appellants Vs. Siddiqur Rahman & others........................Respondents Judgment February 8, 1987. Result: The Appeal is dismissed. Cases Referred to- Damodar Prasad and others Vs. Ram Charan Das and others, 1957 Pat 143; Bengali Coal Company Ltd. Vs. Apear Collieri..Category: Property Law | Date: | Hits: 109
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......ased on circumstantial evidence, Badshah's testimony as P.W.5 and the confessional statement of Moksed buttressed firmly by corroborating statements of various prosecution witnesses. Mr. Chakrabortty terms Moksed's confessional statement as reliable given that it was made merely a day after his ar....... ..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......ies, functions and conduct of business in accordance with the provisions of the Ordinance. The Government, under the Ordinance, it to appoint the Chief Executive Officer, make rules in respect of the terms and conditions of service of the Officers and employees of the Corporation and also to coopera......orted in: 57 DLR (HCD) (2005) 201. ..Category: Constitutional Law | Date: | Hits: 443
Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
.... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ......itution: Provided that in the event of conflict between the Bengali and the English text, the Bengali text shall prevail." 19. In course of dealing with this matter we have come across 3(three) terms‑ "State language," "official language" and "court language". State language means the langua......High Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J AM Mahmudur Rahman J Hashmat Ullah (Md) .....................Petitioner Vs. Azmiri Bibi and others .................Opposite Parties Judgment November 28, 1991. Result: All the..Category: Others | Date: | Hits: 226
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......Al-Mamun, Advocates—For the Respondents. Contempt Petition No. 24 of 2001. Judgment Syed Amirul Islam J.—This Rule was issued calling upon the opposite parties in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a c......utomatic Rice Mills Ltd……………………………………….Petitioner Vs. Bangladesh Shilpa Rin Sangstha and others......................Respondents Judgment July 21, 2002. Result: The..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308.......plus land released. Having failed to do so they filed Title Suit No.129 of 1975 in the 4th Court of Subordinate Judge, Dhaka, for a declaration that the acquisition was void. Thereafter Rajuk came to terms with Khaleque Munshi and released 13 acres of land and delivered possession on 14.2.1984. But ...... Jurisdiction) Present: ARM Amirul Islam Chowdhury J Abdul Hasib J Capital Properties Ltd…......Petitioner Vs. Government of the People's Republic of Bangladesh and others.........Opposite Parties Judgment July 3, 1991. Result: The Rule ..Category: Procedural Law | Date: | Hits: 113
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
....to decide certain matters but such enquiry will not come within the purview of judicial enquiry because the power to decide judicially is different from deciding administratively. By taking resort to extraordinary jurisdiction for writ the High Court Division will be asked to enter into such controv...... Bhuiyan, Additional Attorney‑General ‑For the Respondent. Writ Petition No. 832 of 1990. Judgment Kazi Ebadul Hoque J. - In this case Rule was issued on 3.5.90 on the following terms: "Let a Rule nisi issue calling upon the respondents to show cause as to why the respond......al Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Selim Ullah Bahadur .........Petitioner Vs. The Election Commission and others .....................Respondents Judgment May 24, 1990. Result: ..Category: Election Law | Date: | Hits: 177
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....tenu had a strong political capability sufficient enough to destabilize the present situation and the Government endangering the public safety and public order. He had strong political background and extraordinary capability to subverse the erstwhile Government headed by President Sattar and during ......and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......fizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka and others ……….Respondents. Judgment March 20, 1991. December 9, 1991. Resul..Category: Criminal Law | Date: | Hits: 113
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......der her dower money in consideration for the dissolution of marriage, by way of ‘khula’, dismissed the suit for dissolution of marriage and allowed the suit for restitution of conjugal right upon terms which are contrary to the established principles of Mohammadan Law and contrary to the spirit ......nal Jurisdiction) Present: Kazi AT Manowaruddin J Sheerin Alam Chowdhury............Petitioner Vs. Captain Shamsul Alam Chowdhury.................Opposite Party (In Criminal Nos. 3451 and 3474 of 1992) Captain Shamsul Alam Chowdhury................Petitioner Vs. Sheerin Ala..Category: Family Law | Date: | Hits: 265
....e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
...... on any functionary in the country. Unless this observation of ours is followed strictly in letter and spirit it will be the end of Rule of Law in this country.
24. We would like to say in clear terms that the Ministry's direction to the jail authority to merely inform the Ministry of the imp...... No.3 Mr. Shamsur Rahman, Deputy Inspector-General of Prisons, Nazimuddin Road, Dhaka Central Jail, Dhaka to show cause why he shall not be committed for Contempt of Court for willfully violating and disregarding the orders of this Court to release the detenu A.T. Kamruzzaman Syed passed on 16..
Category: Criminal Law | Date: | Hits: 124
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