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Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)
....umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......……………Opposite party Judgment August 7, 1983. Result: The application is rejected. The Transfer of Property Act, 1882 (IV of 1882); section 106 In the absence of a contract to the contrary the tenant is entitled to a notice for a period equal to half the length of the tena......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ..Category: Property Law | Date: | Hits: 73
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......………………Petitioner Vs. The State & another………………………Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR 327; A.I.R. 1938 (Ma......This means that it was the opposite party namely, the Berger Paints Bangladesh Limited which after stopping supply of paints to the petitioner on credit gave the new term for supply of paints only on grant of postdated cheques. Upon the aforesaid statements in paragraph 2 and 5 of the complaint pe..Category: Criminal Law | Date: | Hits: 67
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......District Chittagong from acting in a manner prejudicial to the public safety and maintenance of public order, it is necessary to make an order for his detention. Now, therefore, in exercise of the powers conferred upon me by the Government, I Md. Omar Farooq, District Magistrate, Chittagong am ......s. Secretary, Ministry of Home Affairs & others……………………………………Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Liver Siege Vs. Anderson, 1942 A.C. 206; Nakhudali Vs. M.F. Jayaratne, 1951 A.C. 66; Gholam J......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: | Hits: 78
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ...... 102 of the Constitution can be invoked only where the petitioner's right has undisputedly accrued either under the Constitution or under any legal instrument and such right has not been given effect to. Any letter, which is not a legal instrument to create any legal right and which only lays down t......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..Category: Property Law | Date: | Hits: 67
Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)
....e petitioners if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ......e petitioners if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ......ast rule can even been laid down nor can there be any rule of practice upon basis of which such discretion can be judicially exercised. Mere heinousness of the offence is not by itself a circumstance to take away the discretion of the Court to grant bail provided there are reasonable grounds for bel......re be any rule of practice upon basis of which such discretion can be judicially exercised. Mere heinousness of the offence is not by itself a circumstance to take away the discretion of the Court to grant bail provided there are reasonable grounds for believing that the person seeking bail has not ..Category: Criminal Law | Date: | Hits: 95
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......ny person aggrieved can invoke Article for redress. So it is clear that the Administrative Tribunal having been established under Act VII of 1981 pursuant to Article 117 of the Constitution, with all powers to meet the petitioner's grievances, High Court Division should not be over burdened with suc......ust 8, 2011. Result: The Rule is discharged. Administrative Tribunal and its Jurisdiction The Constitution of Bangladesh, 1972 incorporated Article 117 with a non-obstante clause which is to be given full force and effect. Pursuant to the same Administrative Tribunal has been established......s possessed of the exclusive jurisdiction to hear the dispute in such matters. The case is thus fully covered by our decision in the cited case. No substantial question of law has been made out for grant of leave in this case. The petition is dismissed." 11. Again, in Md. Faruq's Case (51 DLR (..Category: Administrative Law | Date: | Hits: 455
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......Gazette Notifications mentioned above in respect of the land of plot Nos.15, 35, 36, 41, 57, 79, 84, 117, and 17. The petitioners have instituted the instant writ petition through their constituted power of attorneys, namely – Md. A. Awal and Sudhir Chandra Sharker. On perusal of the power of at...... Md. Jahangir Hossain J Mangal Chandra Sarker and others…………………………….Petitioners Vs. Bangladesh and others………………………….Respondents Judgment October 27, 2011. Result: The Rules in Writ Petition Nos.3210 of 2001, 7012 of 2003, 1973 of 200...... do not find any substance in the Rules. 38. In the result, the Rules in Writ Petition Nos.3210 of 2001, 7012 of 2003, 1973 of 2005 and 4493 of 2005 are hereby discharged. The orders of status quo granted earlier are hereby recalled and vacated. 39. At this stage, the learned Advocates for the..Category: Property Law | Date: | Hits: 89
....cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
......cellation of demand would not be accepted. Then, the petitioner was constrained to obtain the above Rule after sending legal notice demanding justice.
12. Mr. Abu Khaled Ahmed, today filed a fresh power and also a supplementary affidavit.
13. In the supplementary affidavit, it is stated that b......Petitioner
Vs.
Additional Secretary and Member (Appeal and Revision) and others………..Respondents
Judgment
May 15, 2007.
Result:
The Rule is made absolute without any order as to cost.
Lawyers Involved:
Tanjibul Alam with Abu Khaled Al Mamun, Advocates — For the......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
..
Category: Administrative Law | Date: | Hits: 491
.... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
......sion
(Special Original Jurisdiction)
Present:
Tariq ul Hakim J
Afzal Hossain Ahmed J
Sylhet Pulp & Paper Mills Ltd., Chhatak, District- Sunamganj, represented by its Managing Director……………Petitioner
Vs.
The Chairman, Second Labour Court, Katalganj, Chittagong and ...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
..
Category: Labour and Industrial Law | Date: | Hits: 190
....ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
...... from the members including the petitioner's Central Samity to send their representatives to participate in the said election. Respondent No.4 Registrar of Co‑operative Societies in exercise of his power under Rule 16(1)A of the Co‑operative Societies Rules, 1987 appointed three members Election......Writ Petition No.2123 of 1994.
Judgment
Kazi Ebadul Hoque J. - Rule in Writ Petition No.2122 of 1994 was issued at the instance of the petitioner Jiban Kumar Barman calling upon the respondents to show cause as to why the impugned order dated 15‑11‑94 (Annexure‑H) issued by the responden......ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
..
Category: Election Law | Date: | Hits: 600
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....This Rule is accordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ......This Rule is accordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ......…………….Appellant Vs. The State……………………………………………Respondent Judgment February 6, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Mokim Vs. Mozammel Huq (1959) II DLR 86=PLD 1959 (Dhaka) 411. Lawyers Involved: Dr....... Shariatpur alleging that the accused respondent who was Head Master and ex officio Secretary of Gariberchar High school the received for the School Tk. 40,070/- only from Government of Bangladesh as grant under different heads and also received on behalf of the School C.I. sheets worth Tk. 6,000/..Category: Criminal Law | Date: | Hits: 104
.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......th observations.
Degree of disability of all injured freedom fighters is determined by a medical test in 2003 that reported the disabled freedom fighters were reclassified in six categories from A to F, wherein the disabled freedom fighters having 1-19% disability were placed in category “F”.......hment should be afforded to him” (in Writ Petition No. 955 of 2005)”
“Admittedly, the petitioners are the Freedom Fighters and seriously wounded in the War of liberation in 1971. They were granted ‘Rastrio Sammani Bhata’ under which they were allowed to receive a sum of Taka 2004 eac..
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ...... report under section 173 (1) of the Code has been forwarded to the Magistrate. The sub section (3B) of section 173 does not require any protest petition to be filed as a precondition to exercise the power to order further investigation by the learned Magistrate in respect of the offence alleged to ......ty Judgment March 2, 2010. Result: The rule is discharged. The Code of Criminal Procedure, 1898 (V of 1898); sections 173 and 561A A 'naraji petition' which is not signed by the attorney of the complainant or by the complainant himself cannot be considered as a petition in the ey......ccused petitioner, interference under 561A is not warranted. We do not find any merit in this rule and the rule is liable to be discharged. In the result, the rule is discharged. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records...Category: Criminal Law | Date: | Hits: 124
....ication of the news ipso facto is no ground to hold that the news was disclosed by the respondent No.1, the alleged informer. Article 102 of the Constitution confers upon the High Court Division high discretionary power and who intends to have relief under Article 102 shall approach it with undisput...... news ipso facto is no ground to hold that the news was disclosed by the respondent No.1, the alleged informer. Article 102 of the Constitution confers upon the High Court Division high discretionary power and who intends to have relief under Article 102 shall approach it with undisputed right eithe......hat it has been published without lawful authority and is of no legal effect.
2. The facts relevant for disposal of this petition are: The petitioner, a Private Ltd. Company, was granted a licence to import 4000 MT of rice from Japan. AHM Khorshed Ali, Chairman, Hotel Agrabad, Chittagong expresse......me on the ground that it has been published without lawful authority and is of no legal effect.
2. The facts relevant for disposal of this petition are: The petitioner, a Private Ltd. Company, was granted a licence to import 4000 MT of rice from Japan. AHM Khorshed Ali, Chairman, Hotel Agrabad, C..
Category: Civil Law | Date: | Hits: 119
Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
....t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ......he learned Advocate appearing for the petitioner after taking us with the petition, the Annexures and the supplementary-affidavit mainly submits that as per section 179 of the Customs Act, 1969 the power of adjudication of the Cases involving confiscation of goods and imposing of penalty a specifi......s. National Board of Revenue and others………………………Respondents Judgment April 8, 2012. Result: The Rule is disposed ofwith observations and direction. Case Referred to- Ancient Steamship Company Limited Vs. Member (Appeal & Revision) Ministry of Finance, Gov......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......missed". 11. But when we considers section 46 of Ain we do not find such mandatory implication in case of its non-compliance. Only thing that we have found in sub-section 5 of Section 46 is that a power has been given to Adalat to take action against the bank if the case has not been filed in ter......orted in: 64 DLR (HCD) (2012) 487. ...... Ahmed have no substance for the reasons as stated above. (All the underlinings are mine) 14. In the result, the Rule is discharged, however, without any order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Before parting we would like to observ..Category: Civil Law | Date: | Hits: 108
.... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
......nd arrived at the concurrent findings on all material points and their decisions do not suffer from any illegality or legal infirmity so as to justify interference by this court exercising revisional power under section 115(1) of the Code of Civil Procedure. Resultantly the Rule has no merit.
34.......he matter directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent, suit or the suit in which such issue has been subsequently raised and has be...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
..
Category: Procedural Law | Date: | Hits: 165
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ......ere is no specific provision of law. Where there is specific provision of law, one can not get relief under section 151 of the Code. If an alternative remedy is available in the stature, the inherent power of this sort cannot be invoked.…………………………………….(18 & 19) Ca...... February 6, 2008. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The intention of section 151 of the Code of Civil Procedure is to do justice where is there is no specific provision of law. Where there is specific provision of l......ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ...... that in case of breach of section 12 there will be punishment by way of rigorous imprisonment up to 3(three) years or fine of Tk.3,00,000/- or both. But before such sanction can be imposed under the power vested in him the Director General will take action in accordance with the powers given to him......s Association (BELA)...................Petitioner Vs. Bangladesh...................Respondents Judgment March 5, 17, 2009. Result: The rule is disposed of in part. Cases Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, 55 DLR 69. Lawyers Involved: Fida M. Kamal with......vention of the provisions of the Basel Convention. It is further contended that the vessel in question, like all others of a similar nature, contained hazardous materials and ought not to have been granted the NOC, particularly in view of the fact that the applicant for NOC namely, Madina Enterpri..Category: Environmental Law | Date: | Hits: 688
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
.... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ......lso on a correct and proper analysis of the legal aspects involved in the case and the findings being a finding of facts are not liable to be disturbed by the High Court Division in exercising of the power under section 115(1) of the Code of Civil Procedure 16. In the case of Akrab Ali and other......………………….Petitioner Vs. Ms. Moslema Khatun……………………………..Opposite party Judgment November 30, 2008. Result: The Rule is discharged. Case Referred to- Akrab Ali and others Vs Zahiruddm Kari and others, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD......d without any order as to cost. The impugned, judgment; and decree dated 25-05-2004 passed by the learned District Judge, Tangail, in Family Appeal No.15 of 2003 is hereby affirmed. The order of stay granted earlier by this Court stands vacated. 22. Office is directed to send down the records of ..Category: Family Law | Date: | Hits: 180
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