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Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......, commerce and industry which, in the opinion of the Government, is detrimental to the public interest. So, it appears from the aforesaid provisions of law that the Government has got the independent power to cancel the licence of the petitioners. But before that the Government must hear the petitio....... Controller of Imports and Exports and others………………………………………Respondents Judgment February 24, 1997. Result: The Rule is made absolute. Cases Referred to- Authorised Officer of DIT Vs. Abdul Wadud Mallick, 20 DLR (SC) 229; Commissioner of Police Bo......Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ..Category: Civil Law | Date: | Hits: 140
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......hi by Kumudini, being herself an old woman of above 70 years at the material time and a patient of acute paralysis is too difficult a pill to swallow. 37. No mathematical limit can be fixed to the power of alienation of a widow of her husband's property for the purpose of religious acts which con......ate Judge 2nd Court, Pirojpur, in Title Suit No.17 of 1998. 2. The facts as set out in the plaint, in short, are that 4.76 acre of land described in 'Ka' schedule of the plaint originally belonged to one Rajkamol Shill and Brindabon Shill in equal shares. Rajkamol Shill died leaving two sons, Lal......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ..Category: Property Law | Date: | Hits: 107
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......ncipal Officer (PO) and thereafter on 24-10-88 to the post of Senior Principal Officer (SPO). His further case is that Regulation No.11 of BSRS Employees Service Regulations, 1988 made in exercise of powers under Article 43(1) of the Bangladesh Shilpa Rin Sangstha Order, 1972 (PO 128 of 1972) provid......(Md.)…………….Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents Judgment May 20, 1997. Result: The Rule is discharged. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Ajoy Hasia Vs. Khaled Mujib, AIR 1981 (SC) 48......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ..Category: Employment/Service Law | Date: | Hits: 194
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......the Service of the Republic." 15. He has further argued that in furnishing the report on the antecedent of the petitioner, the police have gone beyond the terms of reference. They have neither the power nor the jurisdiction to recommend either for or against a person as to his fitness or eligibil...... Home Affairs, Government of Bangladesh, Bangladesh Secretariat, Dhaka & others……………Respondents Judgment November, 1997. Result: The Rule is made absolute. Cases Referred to- K Sadanandan Vs. State of Kerala, AIR 1963 Kerala 59 (V 50 c 18); Mcanliffe Vs. New Bedford, ...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ..Category: Employment/Service Law | Date: | Hits: 194
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
....udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......e proviso to sub-section (3) of section 9 of the Cr.P.C. provides that where in a district, the District Magistrate, Additional District Magistrate or any Magistrate of the first class is specially empowered under section 29C to try any offence, all Assistant Sessions Judges of the Sessions Division......titioners Vs. Yonus Meah & Others. ..............................................Opposite Parties Judgment February 6, 1984. Result: The Rule is made absolute. Cases Referred to- Md. Mostafa Mondal Vs. The State, 35 DLR 362; East End Dwelling Co. Ltd Vs. Finsbury Borough ......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ..Category: Procedural Law | Date: | Hits: 116
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
....he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......n record on irrelevant consideration of certain facts acquitted the accused on manifestly wrong and perverse grounds. 3. Learned Advocate for the accused opposite parties submitted that revisional power of this Court is limited and even if one of the grounds assigned by the trial Judge for acquit...... 1998. Criminal Revision No.415 of 1987. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant petitioners Dulal Miah calling upon the accused opposite parties to show cause as to why judgment and order dated 5‑7‑1987 passed by the Additional Sessions Judg......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..Category: Criminal Law | Date: | Hits: 76
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ...... and acquiescence and hardly any evidence was led to substantiate the same, there is no scope for the petitioner to agitate these new points for the first time before this Court exercising revisional power. 8. I have gone through the impugned judgments and heard the learned Advocate at length. It......……………………Petitioner Vs. Abdul Khaleque and others……………………Opposite Parties Judgment February 4, 1998. Result: The Rule is discharged. Cases Referred to- Akhlasur Rahman and others Vs. Safurulla and others, 14 BLD (AD) 20; Maulana Abdul Karim Vs. ......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......ved upon the plaintiffs i.e. defendants of Title Suit No.115 of 1974 and that the plaintiffs were not aware of the said decree and the defendants of Title Suit No.115 of 1974 did not appear by filing power or engaging an advocate which are forged and fraudulent. Hence the plaintiff filled the suit......……Petitioners Vs. AKM Abdul Wahed Chowdhury and others…………………………Opposite Parties Judgment March 23, 2011. Result: The Rule is discharged. Case Referred to- Habibur Rahman Vs. Mobarak Ali, 3 MLR 1998 207 = 50 DLR 55. Lawyers Involved: Md. Siraj......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......hich could be applicable was the residuary Article 181 which provides a limitation of three years for an application, but even that Article will not stand in the way of the exercise of revisional power for these powers can be exercised suo motu. At the same time it should be remembered that the ......………………Petitioner Vs. Sayed Amir Hossain………………………………Opposite Party Judgment May 31, 1983. Result: The rule is made absolute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers Un......g whether before a Court of first instance or before a Court of appeal or before a Court of revision against the same party for the same relief which, however, for want of jurisdiction, was unable to grant the desired relief. Furthermore, it is now well settled that the Limitation Act does not pro..Category: Trust/Waqf Law | Date: | Hits: 134
.... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
......im under Martial Law Regulations. It is a question of jurisdiction and the entire proceeding being a nullity, the Judgment and order passed by the Martial Law Court need be quashed in exercise of the powers available to this Court under its certiorari jurisdiction.
3. It is the further case of th......oner
Vs.
State, represented by the Deputy Commissioner, Patuakhali and others .............Respondents
Judgment
August 10, 1992.
Result:
The Rule is made absolute.
Cases Referred to-
Anisminic Vs. Foreign Compensation, etc., 1969 All England Law Reports, 208; Arman Vs. Govern......sh Rule concerning the Judgment and order passed by the Martial Law Court in 1978. The petitioner was on bail and he is still on bail after surrender before moving this writ petition and the bail was granted by this Court while issuing Rule.
There would not be a bar in the exercise of jurisdictio..
Category: Criminal Law | Date: | Hits: 84
Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)
....87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ...... DLR 18 wherein it has been held that Family Courts can entertain, try and dispose of any suit relating to or arising out of the five matters including maintenance, but as section 488 CrPC does not empower the Magistrates to entertain, try and dispose of any suit, i.e. any matter of civil nature, po......…………Petitioner Vs. Rashida Begum and another……………………………Opposite Parties Judgment December 12, 1995. Result: The Rule is discharged. Cases Referred to- 42 DLR 450; 47 DLR 18; 1971 SCMR 150; PLD 190 SC 197; PLD 1969 SC 187; 1971 SCMR 150. Lawy......87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ..Category: Family Law | Date: | Hits: 133
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
.... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ......ntary of affidavit the petitioner stated that the aforesaid impugned order was passed by the respondent No.3, the Deputy Commissioner of Custom and Excise and VAT Tejgaon Circle beyond the authorised power as provided under section 40 of the VAT Act. It is stated that the respondent No.3 has onl...... Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Moinul Islam Chowdhury J Signage…………………………Petitioner Vs. Commissioner of Customs and others…………………………..Respondents Judgment June 10, 2010. Result: ...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Masum and others Vs. State, 2009, 38 CLC (HCD)
....liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......xhibits I, and III, respectively. During the cross examination, P.W.1 states that আমি জব্দ তালিকা আগেই করেছি and that he was not aware as to whether he had power to investigate into this case or the power to prepare the seizure list. He further stated that......on) Present: AKM Asaduzzaman J Md. Rezaul Hasan J Masum and others…………………………….Appellant Vs. State…………………………….Respondents Judgment October 7, 2009. Result: The appeal is allowed. Lawyers Involved: Nakib Saiful Islam, with......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ...... the workers safety provisions provided in the National Building Code, 2006. But petitioner No.1 did not get any response from the concerned authority. 10. The Government, in exercise of the power conferred to it by section 18A of the Building Construction Act, 1952, (Act No.II of 1953), on......in J Gobinda Chandra Tagore J Bangladesh Legal Aid and Services Trust (BLAST)………………….Petitioners Vs. Bangladesh and others…………………..Respondents Judgment October 13, 2010. Result: The Rule is made absolute. Lawyers Involved: Tanim Hossain Shawo......Although it employs inspectors, these inspectors do not have any role in the enforcement of Part 7 of the Code, and are only responsible for ensuring that a building complies with the permissions granted by the RAJUK. Moreover, these inspectors have no background, training or experience in com..Category: Labour and Industrial Law | Date: | Hits: 163
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ...... before the trial Court for staying all further proceeding of the instant criminal proceeding as required under section 344 or any other section of the Code of Criminal Procedure. The trial Court has power to postpone and adjourn the proceeding under section 344 or any other section of the Code of......s…………………Petitioner Vs. The State and another…………………………Opposite Parties Judgment July 21, 2010. Result: The rule is made absolute. Cases Referred to- Zakir Hossain and others Vs. The State and another, 43 DLR (AD) (1991) 102; Dhirendra Chakrab......dgment and order dated 07.04.2010, with the observation that "it appears from the chronological study of the order sheet that the defendant did not take any step to vacate the order of status quo granted by this Court on 17.09.2008 and this order of status quo is in operation for more then one y..Category: Criminal Law | Date: | Hits: 54
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....in India. In Bangladesh there has been no amendment as yet. As per the decision in the case of Nawsher Ali Vs. State reported in 39 DLR (AD) 194, the matter of the sentence has been left to the discretionary of the court which award conviction in consideration of the facts and circumstances of......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ......i and another.........................Condemned Prisoner Judgment November 4, 2008. Result: The Death Reference No.28 of 2005 is rejected with modification of sentence. Cases Referred to- Ismail Barker Vs. State, 33 DLR 320. Lawyers Involved: Mrs. Umme Kulsum Begum, Deputy A......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ..Category: Criminal Law | Date: | Hits: 106
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......strict'. 7. By Section 5 read with Section 46(1) of the Government of India Act. 1935. ("the 1935 Act") Bengal was a Governor's province in the Federation of India. Section 91(1) of the 1935 Act empowered the King by Order in Council to declare certain areas as "excluded area" and "partially excl......s) Judgment April 12, 13, 2010. Result: The Rule in Writ Petition No.2669 of 2000 is made absolute in part. The Rule in Writ Petition No.6451 of 2007 is discharged. Cases Referred to- Indra Sawhney Vs. Union of India, AIR 1993(SC) 477; Rangamati Food Products Ltd. Vs. Commissi...... is a "dead law". This led to the Government of Bangladesh to file Civil Petition for Leave to Appeal No.696 of 2006 against that particular portion of the Judgment that has since resulted in a leave granted on 15 November 2007 to file the appeal. The operation of the Judgment and order in the Ranga..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......s that there is no evidence against the petitioner to sustain convict and sentence so awarded upon him. 13. The only question that survives for determination in this rule is whether the inherent power under section 561A of the code of criminal Procedure can be exercised in quashing the impugned......………………….Petitioner Vs. The State……………………………………Opposite Party Judgment November 26, 2008. Result: The rule is discharged. Cases Referred to- Golam Mohammad Vs. Muzammal khan and 4 others, PLD 1967 SC 317; Md. Alam and 3 others Vs. The......eptional cases keeping in view the facts and circumstances of each and every case. The inherent power, which are in the nature of extraordinary power, has to be pressed in aid when there is an flagrant abuse by subordinate Court. 18. In this Rule, the petitioner seeks quashing of the impugned..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
...., District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......e the case again. 9. In fact, the complainant did not challenge the order of the Magistrate to the higher Court. Even he did not file any naraji. So in such a situation learned Magistrate had no power to pass further investigation on the basis of an application filed by one S.I. Nur Mohammad.......……………………Accused-Petitioner Vs. The State……………………….Opposite party Judgment November 22, 2009. Result: The Rule is made absolute. Case Referred to- Shahera Khatun Vs. State, 6 BLC (2001) 604. Lawyers Involved: MM. Nuruzzaman, Advocate ......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ..Category: Criminal Law | Date: | Hits: 84
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......e was no Union Parishad and as such, there was no Arbitration Council for filing an application for obtaining permission for the second marriage. Another ground is that, the appellate Court was not empowered to award sentence of fine in addition to the sentence of imprisonment. 3. Perused the jud...... J Mizanur Rahman……………………Petitioner Vs. Surma Khatun…………………..Opposite Party Judgment May 18, 1998. Result: The Rule is discharged. Cases Referred to- Farooque Miah Vs. Tahera Begum, 1981 BLD 165; Ayesha Sultana Vs. Md. Shajahan Ali, 38 DLR 140......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ..Category: Procedural Law | Date: | Hits: 105
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