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Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ...... "statutory public authority". Article 9 of the Constitution provides that State shall encourage local government institution composed of representatives of the areas concerned which is a fundamental principle of state policy. To give effect to these fundamental principles of state policy Article 59......াপ্রাপ্ত লাভজনক পদ বা অবস্থান. In other words, a person for holding the said office is expected to make pecuniary gain or material benefit. Here the amount of money receivable by a person in connection with the office he holds may be material in dec..Category: Constitutional Law | Date: | Hits: 466
.... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
......gladesh and others…………………………Respondents
Judgment
November 24, 2009.
Result:
The Rules are discharged.
Principle of Interpretation of Statute
It is the cardinal principle of interpretation that a provision of a statute has to be construed not in isolation but i...... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
..
Category: Others | Date: | Hits: 107
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ...... 13. P.W. No.1 MR Sikder stated in his evidence that he is the Managing Partner of M/s MR. Sikder & Co. He stated that he got the contract for Chittagong Patenga Coastal Embankment Project for an amount of Taka 13,87,15,700.00 but they could not complete the work on the schedule due to the devas..Category: Alternative Dispute Resolution | Date: | Hits: 543
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
.... Court, Dhaka in Title Suit No.181 of 1994 are hereby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......nt never took a plea that the suit is not maintainable and, as such, at this stage he cannot raise a point that the suit is not maintainable without a suit for partition. He lastly submits that the principle of law is enunciated by the highest Court of judiciary that in a case where an application...... Court, Dhaka in Title Suit No.181 of 1994 are hereby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......rials annexed thereto. 9. Before coming to a decision, a question arises whether the impugned proceeding should be quashed or not. To decide this issue, it will be necessary to see the extent of principles and categories of cases in which High Court Division may invoke its power and authority u......t an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to an abuse of the process of the Court. (3) Where there is a legal bar against the initia..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......Appellate Court and District Judge, Shariatpur who by his judgment dated 16-8-90 affirmed the decree with certain modifications that the defendant petitioner shall pay to the plaintiff and her son an amount of Taka 300.00 and Taka 200.00 respectively towards their maintenance which will be effective..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......……………Convict-appellants Vs. The State……………………………Respondent Judgment March 20, 2006. Result: The appeal is allowed in part. Fundamental and basic principles in the Administration of Criminal Law and Justice Delivery System is the innocence of all......r XVI of Penal Code deals with homicidal deaths and other offences affecting human life. Section 299 of Penal Code defines the offence of culpable homicide. This Section states when culpable homicide amounts to murder. In Penal Code culpable homicide is used in generic term and is subdivided into tw..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......dation of the Sick Industry Rehabilitation Cell dated 29-9-92. This Rule was discharged by this Division by judgment dated 13-12-2006 with the following observations: "However, it is now a settled principle of law that Article 102 of the Constitution can be invoked only where the petitioner's rig......rcumstances, the Bank was compelled to file Dewani Suit No. 30 of 1991 against the petitioner before the Subordinate Judge and Artha Rin Adalat No.1, Dhaka on 19-2-1991 for recovery of the above loan amount. 4. The petitioner's factory was closed due to its own fault although the Bank gave a lot ..Category: Constitutional Law | Date: | Hits: 334
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......nt provisions of law." (iv) In the case of Bangladesh and another Vs. Mashiur Rahman and others reported in 50 DLR (AD) 205 where their lordships observed in paragraph no. "18. It is a cardinal principle of administration of justice that no result of any judicial proceeding should be allowed t......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..Category: Procedural Law | Date: | Hits: 133
....0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......ing the petitioners from the charges levelled against them and to publish their results but with no response. It is further stated that the impugned order has been made manifestly in violation of the principle of natural justice. The petitioners filed Writ Petition No.856 of 1991 challenging the imp......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
..
Category: Constitutional Law | Date: | Hits: 300
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......d and the respondent 1 having had gone through the record and considering the reason for sale came to a finding that it is necessary to cancel and adjust the usufructs of the land, etc. It is settled principle that where an authority is vested with jurisdiction and in exercise of such jurisdiction i......nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ..Category: Constitutional Law | Date: | Hits: 222
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......cord affirmed the Judgment passed by the learned Subordinate Judge and the findings recorded by the learned Court of Appeal below are well supported by the evidence on record and are based on correct principle of the appreciation of the evidence. I find no illegality in the impugned Judgment to ca......he suit land; that Government requisitioned the suit land in LA case No.69-G/69 behind their knowledge and the defendant Nos.2 and 3 in collusion with defendant No.1 received the compensation money amounting to Taka 10,175.10 behind their back and being aware they filed an application before the L..Category: Procedural Law | Date: | Hits: 111
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......not be taken away without giving them any opportunity of being beard. Such cancellation of the appointments of these petitioners has been made most arbitrarily and mala fide and in violation of the principles of natural justice. In support of his submissions Mr. Aminuddin relied on the decision in......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ..Category: Employment/Service Law | Date: | Hits: 148
....t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
......cretariat Building, Ramna, Dhaka & others………………………………Respondent
Judgment
July 9, 2008.
Result:
The rule is discharged.
Principle of natural justice
The principles of natural justice that no person be condemned unheard 'Audi Alterem Partem' is applica......pon the petitioner, violating the principle of natural justice. Prior to such rescission of the 'No-objection', the petitioner asserted, that he has incurred expenses and also invested a considerable amount of money in materializing the transfer of shares of Taj Jute Backing Company Ltd. in favour o..
Category: Administrative Law | Date: | Hits: 299
.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......ed counsel further submitted that the plaintiff is not bound by any action of the alleged committee to have taken after the filing of the suit in 1969 and such actions are bad in law and suffers from principle of Lis pendens, as completed under section 52 of the Transfer Property Act and the alleged......definitions such as:-
1. Creation of an endowment.- Any property, whether movable or immovable, can be validly dedicated for religious or charitable purposes, verbally or by writing. What is of paramount necessity is that the donor must divest himself of the property which he dedicates for religi..
Category: Property Law | Date: | Hits: 102
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......tanding that from the point of view of a Court of Law the contract has not been literally performed by the plaintiff as regards the time limit specified. This is merely an illustration of the general principle of disregarding the letter for the substance which Courts of equity apply, when, for insta...... voucher in the United Kingdom for Samir Kumar Chowdhury, a passport, air ticket, etc. for UK to be procured within five months from the date of execution of the deed and the balance consideration of amount of Taka 11,000 would be paid at the time of execution of the sale deed after taking necessary..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......sioner at a time, not being earlier than fifteen days after date of publication of the notice, and place mentioned therein and to state the nature of their respective interest in the property and the amount and particulars of their claims to compensation for such interests. (3) The Deputy Commiss..Category: Property Law | Date: | Hits: 79
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......ion 6(1) is only playability and not imposition or levy of the VAT. There is a clear distinction between charging provisions of a statue and the machinery part thereof and it is also well settled principle that mode and manner of recovery does not alter the nature of a tax nor can a tax be int......e or any decision of any court, for the purpose of section 30, the value and the rate of duty applicable to any goods shall respectively include the value as determined under section 25 and any amount of duty imposed under section 18, 18A or 18B and the amount of duty that may have become paya..Category: Fiscal/Taxation Law | Date: | Hits: 128
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......ts, the plaintiff is directed to immediately arrange to get the original copy of the shipping documents upon instructing the L/C opening Bank to accept the discrepant documents and to pay off the L/C amount to the correspondent bank in order to get the original shipping documents for its onwards tra..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......erent jurisdiction by this Court because in the process of trial the accused can ventilate all his grievance by cross-examining the prosecution witness as well as examining defence witness. This very principle has already been settled by our apex Court in a decision of in the case of Golam Sarwar Hi......the years 1413 BS; the same accused also did not deposit Taka 4,37,134 i.e. 04% of total lease money payable to the Muktijoddha Sangsad collected from the same hat and thereby misappropriated a total amount of Tk. 9,75,683 and thereby deprived the Government of having huge revenue earning. 3. On ..Category: Procedural Law | Date: | Hits: 86
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