Search Options
Judgment Advanced Search
Displaying 1181-1200 of 3812 results.
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......the name of the petitioner, registration of the vehicle was never changed to the name of anybody. A detail procedure is laid down for transfer of ownership of a vehicle. Change of any money or the power of attorney would not constitute a valid transfer of ownership of the vehicle in law. The enti......rd of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others…………………Respondents Judgment February 14, 2008. Result: The Rule is made absolute. Cases Referred to- Haji Md. Mohsin Vs. the State, (1988) 40 DLR 431; Thiru Vs. Thanigachalam Vs. State of Tamil ......spends from the Consolidated Fund of the State what Legislature has sanctioned. The Legislative Assembly enacted the Act enabling to pay to its members salary and allowances. And the members vote the grant and pay themselves. In this background even if there is an officer to disburse this payment or..Category: Fiscal/Taxation Law | Date: | Hits: 246
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......ding Limited…………………… Plaintiff Vs. MV Banglar Kakoli ………………………Defendants Judgment May 29, 2007. Result: The suit is dismissed without any order as to costs. Cases Referred to Trans Oceanic Steamship Co. Ltd. Vs. Adamjee Insurance Co. Ltd., 4......rporation claiming for damages suffered by the plaintiff for a sum of Taka 5,94,28,890.20. 17. Exhibit 7 (with objection) is a letter issued by the Bangladesh Shipping Corporation to the plaintiff granting a "3(three) months' time extension in respect of the plaintiffs claim without prejudice and..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......e or proceeding. It is further stated that the appointing authority having appointed him as General Secretary on purely temporary basis no show cause notice is necessary. The appointing authority has power to make appointment and also the power to suspend or dismiss or relieve any appointee without ......) Nuruzzaman……………………………..Petitioner (Writ Petition No.689 of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In both to Writ Petitions) Judgment May 10, 1998. Result: The Rules are made absolute. The N......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..Category: Employment/Service Law | Date: | Hits: 100
Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)
....s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......ed by the petitioner figuring 876 and the number of total valid votes being 870, the obvious conclusion is that rigging took place. In such circumstances the Election Commission being vested with the power to conduct the election peacefully, fairly and impartially, has the right to interfere with th......others………………………Respondent Judgment June 28, 1998. Result: The Rule is discharged. Even if the presiding officer or the returning officer did not make any complaint as to the manner of the voting, but from the result, the total votes appeared to have been so received ...... Commission has acted rightly and well within its legal bound which does not call for any interference by us. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998..Category: Election Law | Date: | Hits: 591
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......k (respondent No. 2) put the decree into execution by filing Artha Jari Case No. 658 of 2005. 3. The defendant-petitioner (judgment debtor) entered appearance in the said Artha-Jari case by filing power and on 17-9-2006 filed an application for dismissal of the Money Execution Case on the ground ......e Artha Rin Adalat since there is specific provision in the statute for filing appeal against the judgment and decree passed by the Artha Rin Adalat…………………………(10) Case Referred to- Zahirul Islam Vs. National Bank Ltd. 46 DLR (AD) 191; Gazi M Towfic Vs. Agrani Bank, 54......rm decisions of our Apex Court as cited above by now it is clear that the instant Rule must fail. In the result, the Rule is discharged with a cost of Taka 5,000 (five thousand). The order of stay granted by this Court stands vacated. The Artha Rin Adalat No. 1, Dhaka is directed to proceed wi..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......respondent No. 4 Additional Deputy Commissioner (Revenue) Dhaka which is still pending and the impugned order came during the pendency of that application which is an absolutely arbitrary exercise of power by the respondents. 5. He also stated in the petition that the following civil cases are pe...... Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......ve, we are of the view that this writ petition is not maintainable and the Rule should be discharged. In the result, the Rule is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported i..Category: Property Law | Date: | Hits: 107
Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)
....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......e and registered the kabala deeds. Plaintiff No.1 on 3.11.98 got the certified copy of kabala No.3665 and came to know that in the same way, .27 acre of land in 'Ka' schedule land was registered by power of attorney holder, Abdul Salam on 16.6.87 whom the plaintiffs did not appointed 'Attorney'. I......eals are allowed. The declaration of the learned judge that the deeds in favour of defendants are product of forgery, collusive and not binding upon the plaintiffs, does not in any way give title to the plaintiffs, or plaintiffs on the basis of this decree cannot evict the defendants whose pos......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......hat such declaration is made in extremity, when the maker is at point of death and when every hope of this world is gone, when every motive to falsehood is silenced and the man is induced by the most powerful consideration to speak only the truth. Notwithstanding the same, great caution must be exer......……….Respondent Judgment March 2, 2008. Result: All the Criminal Appeals are allowed. Fundamental principle of Criminal Jurisprudence is that onus of proving everything essential to establishment of charge against accused lies upon prosecution which must prove charge substantial......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......ke mistakes……………………(38) When the language of any statute e.g. each sub-section of section 25B of the Special Powers Act, 1974 are clear on its plain reading, the Court has got no power or authority to alter the language of the said sub-sections to give effect with the supposed i......mption that the legislature does not make mistakes in not adding or inserting any word in any provision of the statute. Even if, the mistake is obvious, the Court cannot correct it as it would amount to legislation which is outside the domain of interpretation; a Court of Law is bound to proceed on ......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......te party Judgment June 14, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Whether the inherent power under section 561A of the Code of Criminal procedure can be exercised in setting aside the Jud......bsp; The inherent power of the High Court Division under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give effect to any order under the code, secondly, to prevent abuse of the process of the Court a......n exceptional cases keeping in view the facts and circumstances of each and every case. The inherent power which is in the nature of extra ordinary power has to be pressed in aid when there is a flagrant abuse by subordinate Court……………….(13) The Code of Criminal Procedure,..Category: Procedural Law | Date: | Hits: 94
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ......of preventive detention as contemplated in the Act be resorted to in detaining a person in custody. Nowadays, almost in all cases we find that the executive authority is indiscriminately using this power of preventive detention in cases of persons against whom F.I.R. has been lodged in a case unde...... a specific case where general law of the land has taken care of an offender as per law of the land, can this provision of preventive detention as contemplated in the Special Powers Act be resorted to in detaining a person in custody. In a case where specific criminal charge has been levelled......wers Act for preventive detention by the executive authority leads one to the conclusion that this detention order is served so that an accused in a specific case may not come out from custody if granted bail. On our query, the learned Assistant Attorney-General could not give any satisfactory r..Category: Criminal Law | Date: | Hits: 66
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......ation of the judicial mind by the Courts below and upon apparent wrong assessment of the evidence on record the Courts below committed error of facts and law and, as such, the revisional Court is empowered to assess the evidence on record as available independently and to come to a decision that t......is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ..Category: Property Law | Date: | Hits: 88
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......e) Vs.AKM Latiful Karim, 1 BLC 567
28. Mr. TH Khan, learned Senior Advocate, read the relevant provisions of the Tenancy Rules, 1955 and submitted that the Settlement Officer rightly exercised his power under Rules 42 and 42A thereof in canceling the appellate order and asked the Appeal Officer t......overnment of People's Republic of Bangladesh and others ……………………………Respondents
Judgment
May 20, 2008.
Result:
The Rules are made absolute with cost.
Case Referred to-
Bangladesh Vs. Sree Sree Modan Gopal Jeo Begraha, 33 DLR (AD) 13; Anwara Begum Vs. Noorjahan ...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
..
Category: Property Law | Date: | Hits: 120
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....লা and having regard to the fact that under the provision of Clause 4 (Gha) of the লবন মহাল ব্যবস্থাপনা নীতিমালা the Ministry has been given discretionary power to grant lease of the Government khas land over a maximum of 15 acres of land in......having regard to the fact that under the provision of Clause 4 (Gha) of the লবন মহাল ব্যবস্থাপনা নীতিমালা the Ministry has been given discretionary power to grant lease of the Government khas land over a maximum of 15 acres of land in case the prop...... Result: The leave is granted. Lawyers Involved: Kamal-ul-Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Rajik-Al-Jalil, Deputy Attorney General, instructed by A.S.M. Khalequzzaman, Advocate-on-Record—For the Respondent Nos.1-7.......wdhury………………………………………….Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 2012. Result: The leave is granted. Lawyers Involved: Kamal-ul-Alam, Senior Advocate, instructed by Chowdhury Md. Zahangi..Category: Civil Law | Date: | Hits: 182
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......ide. The Jahangirnagar University Act, 1973 (Act No. XXXIV of 1973), section 12 A person cannot be a Chairman of the enquiry committee and the ex-officio Chairman of the Syndicate which has the power to impose punishment. If such acts are done, the entire enquiry process and the decision of th...... The Jahangirnagar University Act, 1973 (Act No. XXXIV of 1973), section 12 A person cannot be a Chairman of the enquiry committee and the ex-officio Chairman of the Syndicate which has the power to impose punishment. If such acts are done, the entire enquiry process and the decision of the Synd......ces and available materials the committee found Mr. Sanowar Hossain guilty of misconduct and recommended punishment against him by relieving him of the charge of the Chairman of the Department and by granting him three years' leave. 40. The opinion of the committee is self contradictory and there..Category: Employment/Service Law | Date: | Hits: 169
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......n Act and the Transfer of Properties Act which is a civil jurisdiction rather than any liability under Penal Code…………………(13) If the complainant has given any amount of money in order to get a sell deed for a land he should establish his civil right thereof through a civil Court. For...... person Sheikh Shayeed-ul-Alam, voluntarily surrendered before the Court on 9-5-2004 and filed and moved an application for bail. The learned Magistrate Court on hearing both the sides was pleased to grant bail to accused Sheikh Shayeed-ul-Alam on the same day. The accused Sheikh Habib-ul-Alam, Advo..Category: Criminal Law | Date: | Hits: 102
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......……………(9) The right of easement by prescription is acquired under section 26 of the Limitation Act and section 15 of the Easements Act which are counterparts of one another. According to the two provisions of law, for acquiring the right of easement by prescription one has to enjoy s......te Judge was whether the plaintiff had right of easement by necessity. 9. It is worthy of notice that in the plaint the plaintiff did not specifically claim the easement by prescription or by lost grant. But the several averments of the plaint show that the plaintiff sought to make out a case o..Category: Civil Law | Date: | Hits: 189
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......by an order of detention. A preventive detention is the deprivation of the liberty of a citizen, which right should not be taken away in an arbitrary manner and accordingly, this Court has been given power to review the actions of the detaining authority under Articles 102(2)(b)(i) of the Constituti..............Respondents Judgment May 27, 2003. Result: These Rules are made absolute. The Special Powers Act, 1974 (Act No. XIV of 1974), section 3(2) Detention without trial is an evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in th...... jurisdiction also in cases which do not fall within the ambit of the conditions laid down merely on the basis of analogy. As Maxwell has observed "Where an Act confers jurisdiction it impliedly also grants the power of doing all such acts or employing such means, as are essentially necessary to its..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......ost the same. However, let us start with the submissions of Mr. Amirul Islam. Gist of his submission is that section 6 of the above Ain does not provide any principle or guideline for exercise of the power given to the Government under that section and, as such, in the absence of such guideline or a.........................Petitioners Vs. Bangladesh and others...............................................Respondents Judgment May 21, 2003. Result: The Rules are discharged. The Druto Bichar Tribunal Ain, 2002 (Act No. 28 of 2002); sections 6, 10 (4), 15 Under section 6 of the ......ners could not show any provision of the Ain which has in any way curtailed the right of the petitioners to get fair trial. Even we find from sub‑section (3) of section 9 that the same procedure of granting bail which is applicable in the Court from which the cases are transferred shall continue t..Category: Criminal Law | Date: | Hits: 177
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......ory rolls along with machineries are returned to the accused petitioner on furnishing proper bank guarantee. 12. Now only question that survives for consideration in this Rule whether the inherent power under section 561A of the Code of Criminal Procedure can be exercised in giving direction for ......……….Opposite party Judgment July 26, 2009. Result: The Rule is made absolute in part. The Code of Criminal Procedure, 1898 (V of 1898); section 561A In a case of jimma, it is to be looked into that whether the applicant is the owner of the seized goods. The concerned Court i......ed in custody for long time or the applicant will unnecessarily incur heavy loss if the seized goods are not released in favour of the applicant, in such case, the application for taking jimma can be granted………………(20) Under section 561A, Cr.P.C., the Court is entitled to release goods..Category: Procedural Law | Date: | Hits: 142
80558053805080498046804580418040803980388036803580348030802380218019801180108007