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Shah Alam (Md.) Vs. Bangladesh Water DeveÂlopment Board, 2012, 41 CLC (HCD)
....33 of the arbitration Act non existent in the eye of law. 22. In the case of Hazi Mir Bux Vs. Sonokhau, PLD 1979 Kar 45, it is observed and held as "Mr. Zafar submitted that the trial Court has no power to extend and in support of this submission he referred me to Judgment of a Single Judge of th......etitioner Vs. Bangladesh Water DeveÂlopment Board……………………Defendants-Opposite Parties Judgment February 6, 2012. Result: The rule is made absolute. Cases Referred to- Abul Bashar Vs. Investment Corporation of Bangladesh, 52 DLR (AD) 178; Nilkantha Sidramappa N...... beyond 30 days as prescribed in Article 158 of the Limitation Act. The provision for exercising Court's inherent power under section 151 of the Civil Procedure Code is not attracted to a case specifically governed by statute." 24. In the decision of 52 DLR (AD) 178 it is held Arbitration Act is ......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....ent of, any property attached in execution of a decree on the ground that such property is not liable to such attachment, the Court shall proceed to investiÂgate the claim or objection with the like power as regards the examination of the claimant or objector, and in all other respects, as if he wa......ngladesh…………………..Petitioner Vs. Shahabuddin Ahmed……………………Opposite-Parties Judgment March 14, 2012. Result: The rule is made absolute. Case Referred to- Babul Chowdhury and others Vs. Reba Rani Saha and othÂers, 15 BLD 644. Lawyers Involved: ......For the Opposite-Party Nos.1-10. Civil Revision No.2585 of 2005. Judgment Khondker Musa Khaled J.- On an application under section 115(1) of the Code of Civil Procedure, this Rule was issued calling upon the opposite-parÂties to show cause as to why the order No.35 dated 6-11-2004 passed b......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
.... pointed out, to mainÂtain the first party in possession under the order passed previously under secÂtion 145 Cr.P.C. and not to start fresh proceedings under that section. The Magistrate has ample powers under the law to maintain peace and to see that the order made in August 1919 is obeyed. In t......¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Entaj Sheik & others………………………………Opposite parties Judgment May 19, 1983. Result: The Rule is discharged. Cases Referred to- Aran Sardar and ors. Vs. Hara Sundar Majumdar and ors., 27 Calcutta Weekly Note (C.W.N.) at p......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
....chment of, any property attached in execution of a decree on the ground that such property is not liable to such attachment the Court shall proceed to investigate the claim or objection with the like power as regards the examination of the claimant or objector, and in all other respects, as if he wa......nstituted between him and respondent No.1 and also for accounts. The plaintiff filed an application for temporary injunction for restraining the defendant from carrying on business using capital and stock in trade and other assets of the suit firm styled as M/S. Arzu Furniture Mart. Plaintiff also p......impuÂgned order simply on the allegation of the respondent No.2. The learned Subordinate Judge has committed an error of law apparent on the face of the record and an interfereÂnce by this Court is called for. 5. Mr. Syed Badrul Alam, the learned Advocate appearing for both the respondents, on ....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ..Category: Procedural Law | Date: | Hits: 146
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....al has begun after investigation upon taking cognizance on police report after investigation and evidence have been taken, and arguments having been heard and concluded there is no provision in law empowering the Special Judge to order the police to make further investigation. If the investigation w......¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite-Party Judgment August 7, 1983. Result: The Rule is made absoÂlute. Lawyers Involved: Formanullah Khan - For the Petitioner. A.P.M. Sahid, Assistant Attorney-General - For the State. Criminal Revision No.114 of 1983. Judgment Sultan Hos......, therefore, make the Rule absoÂlute. The order dated 20-2-83 in Special Case No.46 of 1981 is set aside and we direct the learned Special Judge to proceed with the Judgment if he is not inclined to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohamm......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ..Category: Criminal Law | Date: | Hits: 70
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....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 GoÂvernment, 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......Amirul Kabir Chowdhury - For the State. Criminal Miscellaneous Case No. 02 of 1985. Judgment Fazle Hussain Mohammed Habibur RahÂman J.- This rule under section 491 Cr.P.C. was issued calling upon the opposite parties (1) Secretary, Ministry of Home Affairs, GoÂvernment of Banglades......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
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....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......al - For the Respondent. Writ Petition No.6024 of 2009. Judgment Mirza Hussain Haider J.- On an application under Article 102 of the Constitution the petitioner obtained this Rule Nisi calling upon the respondent to show cause as to why the impugned order conÂtained in Memo No. Pro: ....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacatÂed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ..Category: Administrative Law | Date: | Hits: 455
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....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 petiÂtion 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......f the petitioners situated at Mouza-Chakoli, JLNo.214, Police Station Pallabi, Dhaka (Annexures- 'C', 'D', 'E' and 'F' respectiveÂly). 3. In Writ Petition No.7012 of 2003 the Rule Nisi was issued calling upon the respondents to show cause as to why the impugned notice/order orally published/serv......s from the places wherein their homesteads are situatÂed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ..Category: Property Law | Date: | Hits: 89
....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......SRO No. 243 dated 27-6-86 and substituting the entries "Service rendered by Customs Bonded Warehouse" against serial No. 7. Before that sales or services of customs bonded warehouse was not so specifically included in the declaration made under section 4 by the National Board of Revenue.
24. It i......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.
......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 ......ahman and Mrs. Rubaiyat Hossain, Advocates - For the petitioner.
No one - For the respondents.
Writ Petition No. 3119 of 2000.
Judgment
Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the ex parte judgment and order dated 27.01.200...... 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
.... 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......etition of 2122 of 1994 with 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......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
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......€¦â€¦â€¦â€¦â€¦Respondent Judgment July 9, 2007. Result: The appeal is allowed. On burden of proof The cardinal principle of criminal law is that an accused person must be presumed to be innocent unless and until it is established by the prosecution beyond reasonable doubt that th......r submits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal point of falsehood in their evidence on any point and as such the impugned Judgment calls for no interference by this Court. 13. The only point for determination in the appeal is wh......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......: The Rules are made absolute with observation and direction. The Constitution of Bangladesh, 1972; Articles 31 and 102 Article 31 of the Bangladesh Constitution, which is dealing with right to protection of law to any person includes juristic person also.………………..(20 & 22) ...... to go to the Arbitrator under section 28 of the Ordinance…………………(25) No matter whether the provision of section 12(1) was brought to the notice of the Court, it takes effect automatically after expiry of the statutory period mentioned in section 7(4) of the Ordinance.....................e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... 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......s any vested right in the accused…………………(19) In the case of an allegation of committing an offence that requires guilty mind, it is the natural person responsible for such act who is called upon to answer the charge and is liable to be brought to the book by lifting the corporate ve...... 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. ..Category: Criminal Law | Date: | Hits: 124
.... 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......ommercial Court, Chittagong for realisation of Taka 1,68,60,906.00. The respondent No.2 also filed Money Suit No.62 of 1991 against the petitioner Company. The petitioner in the writ petition categorically states that the two suits are still pending for disposal and there is no relationship of borro...... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
..
Category: Civil Law | Date: | Hits: 119
Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
....he learned Advocate appearing for the petitioner after taking us with the petition, the Annexures and the supplemenÂtary-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......atikar Chakma Assistant Attorney-General - For Respondents. Writ Petition No.2857 of 2012. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner Abul Hossain this Rule was issued calling upon the respondents to show cause as to why the adjudication of the Atok Case No.18 of 2001......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)
....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. ......spondent No. 2. Writ Petition No. 3986 of 2010. Judgment Md. Ashfaqul Islam J.- At instance of the petiÂtioner, M/S Shitalakhaya Ice and Cold Storage Pvt. Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.9 dated 10-06-2009 passed......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. ..Category: Civil Law | Date: | Hits: 108
....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......ions reported in 53 DLR (AD) 12 and the decision in the case of Jahanara Begum Vs. Md. Aminul Islam Choudhury and others reported in 2 MLR (AD) 112 in support of his contention.
12. The point that calls for our determination is whether the learned District Judge committed any error of law in pass...... 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)
....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......ltan @ Sultan and Ors, 35 DLR (AD) 51. Lawyers Involved: Golam Rabbani - For the Petitioner. Civil Revision No.162 of 2002. Judgment Siddiqur Rahman Miah J.- This Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the order No.21 dated 30.08.200......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)
.... 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......ed upon an application filed under Article 102(2)(a)(i) and (ii) of the Constitution by Bangladesh Environmental Lawyers Association (BELA) represented by its Director (Programs) Syeda Rizwana Hasan, calling upon the respondents to show cause as to why the issuance of the NOC dated 27.07.2008 vide M......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. ..Category: Environmental Law | Date: | Hits: 688
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