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Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....ution since it requires adjudication on facts and on evidence. The other one is in the case of Shamsunnahar Salam Vs. Md. Wahidur Rahman 51 DLR (AD) 232 wherein their Lordships have held that however extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact wh......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ...... High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Azizul Haque J Mahbub Alam………………..Petitioner Vs. Commissioner, Customs, Excise and VAT, Sylhet and others………………….Respondents Judgment June 6, 2010. Result:..Category: Fiscal/Taxation Law | Date: | Hits: 177
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ...... Bazar being the highest bidder at Taka 4,00,500.00 for a period of two years from 20-1-1987 to 31-12-1988, that thereafter an agreement was duly executed between the lessor and the lessee containing terms and conditions (Annexure-A to the petition ). The petitioner as lessee made payment half of th......gh Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Zakir Ahmed J Abdul Malek………………Petitioner Vs. District Co-operative Officer, Cox’s Bazar and ors…………………Respondents Judgment April 9, 1997. Result: The Rule is made..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......absence of a single member indefinitely does not make a Parliament a full Parliament. There are three hundred seats, and none of them should remain vacant indefinitely and should be filled quickly in terms of the Constitution. He claims a Parliament cannot be a dead man. 22. According to Mr. Mahm...... High Court Division (Special Original Jurisdiction) Present: K M Hassan J Md. Latifur Rahman J Mahboob Uddin Ahmed……………Petitioner Vs. Bangladesh Election Commissioner, and others………………Respondents Judgment May 27, 1998. Result: The Rule is disch..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......ase of Bangladesh Water Development Board Vs. Syed Moazzem Hossain reported in 15 BLD (AD) 239 submitted that their Lordships have observed that, “A declaratory suit need not be confined within the terms of section 42 of Specific Relief Act which is meant for obtaining a specific relief. A declara......hmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224; Civil Petition for Special Leave to Appeal Leave (CPSLA) No.299/83; Dhunat Degree College and others Vs. Md. Abdus Samad and others, 49 DLR 38; Fazlul Karim Vs. Agrani Bank, represented by t..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....ti lands by motivated trespassers and when the property subjected to the trust is in imminent danger of being destroyed and wasted and trespassed and adversely possessed, the Court in exercise of its extraordinary power could allow what is necessary for the purpose of preserving the trust property. ...... trust created by the will. He directed the trustee that after his death a sum of Tk. 700/‑ per month shall be paid in cash to Testator's wife, son and son's wife Niva Rani Maitra during respective terms of their natural lives for their maintenance and a sum of Tk. 4,000/per month out of the inc....... Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...Category: Trust/Waqf Law | Date: | Hits: 166
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......s or warrant may be issued. Section 247, although is in Chapter XX meant for trial of all cases, it has been specially provided for a case in which summons has been issued on complaint-in unambiguous terms. The words 'summons' and 'warrant' have different meaning and used in the Code of Criminal Pro......dents alleging that on 23.10.87 at about 2-30/3 P.M. the accused-respondents along with other unknown persons assaulted him. The respondent No.1 inflicted bleeding injuries, on his head by a Dao blow and the respondent No.2 hit him with iron patta causing swelling injuries on his body. The responden..Category: Procedural Law | Date: | Hits: 85
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......allow the petitioner to re-join his service on expiry of privilege leave on 4.8.87. The question of acceptance or refusal of resignation arises only when the employee gives a notice of resignation in terms of Sub-regulation (1) or (2). Since the petitioner resigned with immediate effect, he had only......e Bhuyia J M.A. Mannan........................Petitioner Vs. Biman Bangladesh Air Lines........................Respondents Judgment March 6, 1989. Lawyers Involved: Abdul Wadud Khandker with Saifur Reza and Farida Khan - For the Petitioner. Abdul Hasib with M.A. Tariq - For t..Category: Employment/Service Law | Date: | Hits: 225
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ...... Act, 1980 (Act No. VII of 1981) has exclusive jurisdiction to hear and determine applications made by any person in the service of the Republic or of any statutory Public authority in respect of the terms and conditions of his service, including pension rights, or in respect of any action taken in ......san J Md. Tafazzul Islam J Sazedur Rahman (Md.)……………………Petitioner Vs. Secretary, Ministry of Establishment, Superior Appointment Division, 4, Bangladesh Secretariat, Dhaka and others……………………Respondents Judgment March 23, 1998. Result: The Rule ..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....rcising the prerogative power. The fact, therefore, that alternative remedy is provided by law would not only upon the above principles but upon general principles to disincline a Court to invoke its extraordinary jurisdiction in case where such a remedy is still available. In that case it was furth......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ...... High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M M Ruhul Amin J Mostafa Kamal………………Petitioner Vs. Chief Election Commissioner and others…………………Respondents Judgment August 19, 1997. Result: The Rule is..Category: Election Law | Date: | Hits: 154
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......rder to complete the unfinished construction of his house on plot No.45, Road No.7, Sector-4 at Uttara Model Town, Dhaka (hereinafter referred to as the house). The appellant mortgaged the house in terms of mortgage deed registered on 6-5-1990 in favour of the Bank. The appellant also executed som......ain, Advocate-on-Record—For the Appellant. Mamunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent No. 2. None Represented—For Respondent Nos. 1 and 3-5. Civil Appeal No.176 of 2010. (From the judgment and Order dated the 8th day of April,..Category: Civil Law | Date: | Hits: 138
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......n passed without any lawful authority. In support of his contention Mr. Mainul Hosein has relied on the decision reported in 42 DLR (AD) 167. In that decision the Government made promise with certain terms and conditions as notified that if anybody could fulfill these terms and conditions, he would ......ering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division and others………………………………………………………Respondents (In all the wri..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......shall be replaced by the word "boat". 3. That the 2nd party is directed to execute a supplementary agreement for the second boat at the same consideration and or contract price and also on similar terms and conditions and also directed to take delivery of the two boats after execution of the supp...... ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... petitioner has got alternative and efficacious remedy provided by the Act itself and we are not inclined to exercise our discretionary power. Under Article 102 High Court Division is to exercise its extraordinary discretionary jurisdiction for enforcement and protection of fundamental rights of an ......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......ourt Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Amjad Hossain……………………Petitioner Vs. Government of Bangladesh and others……………………Respondents Judgment June 24, 1998. Result: The petiti..Category: Fiscal/Taxation Law | Date: | Hits: 138
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
.... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......it is not triable by him. Mr. Khan further submits that the learned Assistant Judge erred in law in returning the plaint without holdings any enquiry to ascertain the correct valuation of the suit in terms of sections 8C and 8D of the Court‑fees Act and the same has occasioned failure of justice. ......r his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451...Category: Procedural Law | Date: | Hits: 81
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......, Secondary and Higher Secondary Education Board, attested his date of birth to be 3-1-1945 and that, the petitioner was elected in the School Managing Committee as teacher representative for certain terms, where it was shown that the plaintiff should be able to serve up to 18-1-2005 as, according t...... 426. ..Category: Employment/Service Law | Date: | Hits: 158
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......y filing written statement admitting the settlement obtained by the defendant No.1 in 1.32 acres of land as mentioned in the plaint and stating, inter alia, that the defendant No.1 upon violating the terms and conditions of the deed of settlement, that he shall not sell the settled properly within 1......t once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ..Category: Procedural Law | Date: | Hits: 120
Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)
.... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ......ন এন্ড কোং”. From this statement it appears that the said transaction was made under an agreement and the narration of fact in the first information report indicates also breach of terms of the agreement had crept up from business transaction. It also appears from the first inform......istrate, Dhaka. 2. This is a police case. Information lodged by one, Md. Motiur Rahman alleging that from January 1994 upto January 1996, the accused petitioner took in all from him Taka 20,25,000 and the accused petitioner on different dates returned Taka 13,25,000 and for the reaming Taka 7,00,..Category: Criminal Law | Date: | Hits: 87
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......nd the period of iddat for an indefinite period that is to say, till she loses the status of a divorcee by remarrying another person. 24. In the result this Rule is disposed of without cost on the terms that the judgment and decree dated 20.4.92 passed by the learned District Judge, Comilla, in F...... Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Hefzur Rahman (Md)…………………………………………………………………Petitioner Vs. Shamsun Nahar Begum and another………………………………………Opposite Party Judgment January 9, 19..Category: Family Law | Date: | Hits: 528
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......eived by them during the period of their unauthorised absence. 7. In the affidavits for recording that Rule has become infructuous, it is stated by respondent No. 3 that the direction so issued in terms of the Rule by this Court is not tenable as it would interfere with the functions, powers, pri......zi Shafiuddin J Kazi AT Manowaruddin J Anwar Hossain Khan……………………………………………………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment December 11, 1994. Result: The writ of..Category: Constitutional Law | Date: | Hits: 344
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......the decision of the Scrutiny Committee in its meeting held on 19-2-2007. 8. In due course, Rules were issued in all the Writ Petitions. The rule in WP No.4040 of 2007 was issued in the following terms: "Let a Rule Nisi issue calling upon the respondents to show cause as to why the impugned d......BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ..Category: Employment/Service Law | Date: | Hits: 208
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