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Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......ing of Defence of Pakistan Ordinance, 1965 (XXIII of 1965) and Rules framed thereunder. Defence of Pakistan Ordinance and Rules framed thereunder made by Central Government of Pakistan in exercise of powers conferred by section 3 of The Ordinance are reproduction of Defence of India Act and Rules of......sak being dead her heirs: I(i) Sree Narayan Chandra Basak and others………………………Plaintiffs-Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Collectorate Building, P.S. Kotwali, District-Dhaka and others………………………Defendants-Opposi...... Govt. Opposite Party No.1. Rafiqul Islam Bakshi - For Opposite Party No.3. N. K. Saha - For Opposite Party No.11. Civil Revision No.380 of 1991. Judgment AK Badrul Huq J.- Refusal to grant reliefs to Plaintiff Sreemati Hari Rani Basak by Courts below prompted her to knock at the doo..Category: Procedural Law | Date: | Hits: 108
Category: Fiscal/Taxation Law | Date: | Hits: 278
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......ny other law for the time being in force, no Court of Sessions shall take cognizance of any offence as a Court of original jurisdicÂtion unless the accused has been sent to it by a Magistrate duly empowered in that behalf." 8. So far as the Court of sessions is concerned, proceedings must be ini...... 9, 1982. Result: The rule is made absolute. Lawyers Involved: Mujibur Rahman - For the Petitioner. M. Shehabullah - For the Complaint. Opposite Party No.2. AFM Shahid, Assistant Attorney-General - For the State. Criminal Revision No. 40(C) of 1982. Judgment ATM Afzal J.-......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ..Category: Criminal Law | Date: | Hits: 110
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......er and he was placed under suspension on 10.06.2004 under Regulation-10(1) of the National University Employees (Discipline and Appeal) Statute. The Vice-Chancellor of the National University has got power to place the petitioner under suspension and the petitioner was also asked to show cause on 21......Gazipur represented by the Vice-Chancellor, Gazipur-1706 and others…………………………Respondents Judgment April 18, 2006. Result: The Rule is made absolute. Cases Referred to- Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another, 6 BLC (AD) 141; Anwarul......vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ..Category: Employment/Service Law | Date: | Hits: 165
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ...... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ......itioner Vs. Hosne Ara Begum and others......................Opposite Parties Judgment May 8, 1994. Result: The Rule is discharged. Lawyers Involved: AY Salehuzzaman, Deputy Attorney‑General - For the Petitioner. Md. Zakir Hossain, Advocate ‑ For the Opposite Party No.......overnment, represented by the Secretary, Ministry of Works, as a party. Mr. Zakir Hossain, on the other hand submits that the Ministry of Works was the concerned Ministry and this permanent lease was granted in favour of Syed Abdul Ali, by the Government through the Ministry of Works. As such, in ab..Category: Property Law | Date: | Hits: 157
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ...... Mr. Shah Mohammed Sharif, the learned Counsel appearing on behalf of the opposite party argued with reference to section 529 of the Code of Criminal Procedure that although the Magistrate was not empowered in the insÂtant case to take cognizance of the alleged offence yet as he had done so errone......ved: B.N. Chowdhury with Parimal Chandra Guha and Arun Kumar Bhattacharjee - For the Petitioner. Shah Mohammed Sharif with Nizamul Huq - For Opposite Parties No. 2. Moazzem Hossain, Deputy Attorney General- For the State. Criminal Revision No. 484 of 1981. Judgment Abdur Rahman Ch......that upon a petition of complaint lodged by the complainant the petitioner along with nine others were summoned under section 379 of the Penal Code to stand their trial. The petitioner thereafter was granted bail by the learned Sub-Divisional Magistrate, Dacca with a direction to appear before the S..Category: Criminal Law | Date: | Hits: 107
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
....or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ......ected against any order of the lower Court nonetheless at the moment due to vacation of the Civil Court there being no alternative remedy his client has filed this application to invoke our residuary power under section 151 of the CPC. He contends that this petition is maintainable inasmuch as the C......urt High Court Division (Special Revisional Jurisdiction) Present: AM Mahmudur Rahman J Nurul Islam J Ferdousy Begum (Doli)………………………Petitioner Vs. Mahela Khatoon and others……………………………Opposite Parties Judgment December 10, 1996. ......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ..Category: Civil Law | Date: | Hits: 121
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......iod of long fifteen (15) years to bring out into the open her protest. Record indicates that Criminal Appeal was admitted for hearing on 8‑5‑1991. Learned Counsel Mr. Muhammad Abdul Mutalib filed power on behalf of accused-respondent on 3‑7‑1991. The appeal was made ready for hearing on 18â€......nant-Appellant Vs. AHM Mohsin........................................Accused-Respondent Judgment April 20, 2003. Result: Criminal Appeal No.125 of 1991 is allowed. Cases Referred to- Empress of India Vs. Gayadin, (1881) ILR 4 All 148; Queen-Empress Vs. Robinson, (1804) ILR 16......cation shall ask the applicant and his existing wife or wives to nominate representaÂtive and the Arbitration Council so constituted may if satisfied that the proposed marriage is necessary and just grant permission applied for. The Arbitration Council in deciding the application shall, also, recor..Category: Family Law | Date: | Hits: 165
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......Procedure. In this connection the learned Advocate further submits that under this section for prevention of the abuse of the process of Court or for the ends of justice, the Court possesses inherent power to restrain any party from proceeding with the suit or proceeding pending in a different Court......saduzzaman J Sarada Bala Sen............Appellant Vs. Sheikh (Md.) & others............Respondent Judgment April 20, 1995. Result: The appeal is dismissed. Cases Referred to- Firm Ishardes Devi Chand and another Vs. RB Prokash Chand and another, AIR 1969 (SC) 938; Abd......rary injunction restraining the decree‑holder of the SCC suit and defendant in the subsequent other suit from proceeding with the aforesaid Execution case. The learned Subordinate Judge accordingly granted temporary injunction to the above effect vide order dated 19‑2‑1995. 2. Being aggriev..Category: Civil Law | Date: | Hits: 130
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ......0‑6‑93 which in its turn amended SRO dated 18‑6‑92. According to him, statutory duty as shown in the first schedule of the Customs Act is not the effective duty. Government in exercise of its power under section 19 of the Customs Act can allow full or partial exemption of the statutory duty ......03. ......ms duty chargeable under the schedule of the Customs Act and duty payable after such exemption is the effective duty. No vested right can be created in favour of an importer on the basis of exemption granted by the Government from time to time in exercise of its power under section 19 of the Customs..Category: Fiscal/Taxation Law | Date: | Hits: 204
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ...... 27.05.1993 for amount of Taka 18 lacs as cash credit (Hypo) with interest of Taka 15% with the expiry date on 30.04.1994 under certain conditions and with the execution of mortgage deed, irrevocable power of attorney and other charge documents. Thereafter before expiry of previous loan facilities o......ant-Petitioner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyers Involved: J. K. Paul - For the Appell......provided it does not cause injustice or prejudice to the other side. Ultimately Courts exits for the purpose of doing justice between the parties and not for punishing them, and they are empowered to grant amendments in the larger interest of doing full and complete justice to the parties. Provision..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......vision, promulgated, in the case British Airways plc. Vs. Bangladesh Air Services Pvt. Ltd. Reported in 48 DLR (HC) 249, Mr. Ahmed submitted that the said decision stands for the proposition that the power of the Arbitration Court under section 8 of the Arbitration Act of 1940 (Act X of 1940), was v......vil) Present: Khademul Islam Chowdhury J AHM Shamsuddin Choudhury J Bangladesh Bank represented by its Governor…………………Petitioner Vs. Md. Kasedul Haque Majumder proprietor……………………Opposite Party Judgment January 12, 2003. Result: The rule is......the site for a period of twelve months, whereas the work could very well be completed within the stipulated four months period, had the holes been stuffed earlier. The petitioner acted arbitrarily in granting work order some seven months and twenty days after the receipt of communication from the op..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......olument in the service of the Government of Bangladesh but not in the service of the Republic within the meaning of Article 133 of the Constitution. 5. Respondent No.1 entered appearance by filing power and is contesting the matter by filing affidavit in opposition denying material allegations ma......€¦â€¦â€¦Petitioner Vs. Mr. Justice Sultan Hossain Khan and others…………………………Respondents Judgment March 06, 2006. Result: The rule is discharged. Cases Referred to- Abdus Shukur Vs. Rikab Chand, AIR 1958, 52 page 937; Guru Gobinda Basu Vs. Sankari Proshad Gh......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ..Category: Constitutional Law | Date: | Hits: 228
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......s reported in the dailies. The petitioner has asserted to have been recommended to have the charge of Director (Planning), but according to the Rules of Business, a Director of a Corporation is not empowered to recommend any General Manager to have the charge of a Director, because the post of Direc...... No.242 of 2009) Md. Ahsanullah.................................Respondent (In Civil Appeal No.243 of 2009) Judgment July 10, 2012. Result: The appeals are dismissed. Cases Referred to- Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan, 43 DLR (AD) 154; Workers of Bata ......e with the order of transfer joined his new place of posting in Chittagong on 24.01.2006 and thereafter he prayed for leave and accordingly the authority of the Corporation by letter dated 05.02.2006 granted him 7 days’ causal leave from 26.01.2006 to 01.02.2006; the authority while granting leave..Category: Employment/Service Law | Date: | Hits: 156
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......s. Abdul Quader Mollah and another …………………….....Respondents Judgment March 27, 2011. Result: The petition is dismissed. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdur Ra...... upon hearing the parties directed the petitioners to provide them Division-1 status. 4. It is contended on behalf of the petitioners that the High Court Division erred in law in directing them to grant Division-1 status to the respondents in failing to consider that the respondents being suspect..Category: Criminal Law | Date: | Hits: 95
Category: Employment/Service Law | Date: | Hits: 251
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......ther...................Petitioners Vs. Abdul Mazid Mollah & others....................Opposite Parties Judgment July 31, 1995. Result: The Rule is discharged. Cases Referred to- Hemnalini Basu Vs. Md. Sabed Ali, 12 DLR 24; Rani Mumary Devi and others Vs. Siva Prosad Sing......as justified in holding that the plaintiffs petitioner has no locus standi to have it declared that a decree passed in a earlier Title Suit No.26 of 1977 in which he was not a party and no relief was granted against him was not binding on him, and to set aside the decree of the trial Court on such e..Category: Civil Law | Date: | Hits: 130
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460.......resaid 3 minor children. By giving those 3 children to the custody of the mother‑petitioner they are deemed to set them at liberty from unlawful custody of the respondents in exercise of the Courts power under writ jurisdiction. 10. Next question left for us regarding the custody of the minor c......is Judgment. All the four Rules arise under Article 102(2)(b)(i) of the Constitution in the nature of Habeas Corpus alleging kidnapping and detention of 4 minor children of the petitioner from her custody by her husband respondent No.1. 2. The facts stated in all the 4 petitions are, that the pet......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460...Category: Family Law | Date: | Hits: 166
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......on will not vitiate the trial unless the accused has been misled by such error or omission occasioning failure of justice. Similarly, efforts were made under section 232 CrPC where in exercise of the power the appellate Court or the High Court Division if be of opinion that a person who had been mis......ir Husain J Abdur Razzaque @ Geda…………........Appellant Vs. State....................Respondent Judgment August 31, 1995. Result: The appeal is allowed. Cases Referred to- 5 CWN 866; Joynal Abedin Vs. State, 37 DLR (AD) 113. Lawyers Involved: Abdul Quaium Cho......e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457...Category: Criminal Law | Date: | Hits: 144
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......bu Sams Md. Khalequzzaman, Advocate-on-Record- For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 355 of 2005. Judgment Mohammad Fazlul Karim J. - This Civil Petition for Leave t......wing the lease of the petitioner filed objection before the Additional Deputy Commissioner (Revenue), Naogaon, being satisfied cancelled the lease of the plaintiff lawfully. The legal formalities for granting lease since not being followed while granting the permanent settlement in favour of the pet..Category: Property Law | Date: | Hits: 116