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Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......e Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Zakir Ahmed J Saiful Islam Dilder………….Petitioner Vs. Government of Bangladesh and others…………Respondent Judgment February 16, 1998. Result: The writ petition i......is anti-environment and anti-people project. The petitioner further stated in the petition that the BELA conducted investigations at various times from 1992-93 in the FAP-20 areas. He alleged that no proper environmental impact assessment had been undertaken in relation to the FAP projects although ...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ..Category: Constitutional Law | Date: | Hits: 421
....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......so Reported in: 50 DLR (HCD) (1998) 311.
......ncy Act.
8. Before proceeding further with other arguments, we intend to dispose of the first objection that has been raised by Mr. Khondker Mahbuddin Ahmed on mis-joinder of causes of action. For proper appreciation of the whole matter let us look into the provision of section 24(1) of the Non-A......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
..
Category: Property Law | Date: | Hits: 113
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
....f revocation of gifts which reads as follows: Revocation of gifts.- (1) A gift may be revoked by the donor at any time before delivery of possession. The reason is that before delivery there is no completed gift at all. 2. Subject to the provisions of sub‑section (4), a gift may be revoked ....... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......uit by filing written statements denying the materials allegation contained in the plaint, stating further that the aforesaid gifts were validly made, the possession was duly delivered and the gifted properties were mutated in the name of the donees. 5. The learned trial Court on consideration of......Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ..Category: Property Law | Date: | Hits: 85
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......smitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......of 2005 arising out of Gaibandha PS Case No. 7 dated 7-4-2005 then pending in the Court of Magistrate, First Class, Gaibandha, should not be quashed or any other passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all further proceeding of the above mentioned case was......rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......vision (Special original Jurisdiction) Present: Md. Tafazzul Islam J Md. Anwarul Haque J Shahajada Talukder...................................Petitioner Vs. Election Commissioner and others.....................................Respondents Judgment February 8, 2003. Resul...... the Appellate Division relied on the above decisions for holding that writ jurisdiction cannot be invoked in such election dispute even of Union Parishad election and the Election Tribunal is the proper forum. But as it appears in terms of section 100(1)(d)(iv) of Representation of People Act 1...... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...Category: Election Law | Date: | Hits: 211
....ubmissions.
13. Order 1 rule 10(2) of the Code of Civil Procedure gives wide power to the Court to add any party to a suit at any stage of the proceeding if it is found necessary for effectual and complete adjudication of all questions involved in the suit. The expression "at any stage of the pro......s also Reported in: 55 DLR (2003) 417.......sue the guarantor bank alone for realisation of its outstanding dues, even without seeking remedy against the defaulting dealers and, as such, the presence of the dealers was not at all necessary for proper adjudication of the suit and consequently, the learned Subordinate Judge and 2nd Artha Rin Ad...... guarantor bank alone for realisation of its outstanding dues, even without seeking remedy against the defaulting dealers and, as such, the presence of the dealers was not at all necessary for proper adjudication of the suit and consequently, the learned Subordinate Judge and 2nd Artha Rin Adalat co..
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ...... Vs. Md. Majibullah…………………………………….Opposite Party Judgment July 16, 2002. Result: The Rule is discharged. Cases Referred to- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Baje......in a Sub-Registrar’s office. He had two wives, two sons and two daughters by his first wife and one son and two daughters by his second wife. He was a resident of village Mokimpar. After erosion of property in the river their father took shelter in the house of his elder brother at village Shyampu......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ..Category: Property Law | Date: | Hits: 103
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
....ecutants the defendant Nos.1 and 2 had no interest in the suit and the court of appeal below erred in law in not holding that the transaction is an out and out sale inasmuch as, even if the same is a complete usufructuary mortgage section 95A of the State Acquisition and Tenancy Act will have no app......igh Court Division (Civil Appellate Jurisdiction) Present: Mohammad Fazlul Karim J Abdul Goni Kha.........................................Petitioner Vs. Md. Abdul Aziz Azizur Rahman and ors.................Opposite Parties Judgment August 27, 1996 Result: The Rule is ma...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ..Category: Property Law | Date: | Hits: 114
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......s Case is also Reported in: 63 DLR (HD) (2011) 294.......umstances of the case as well as the evidence well proved the recovery of marks note from the accused-appellant therefore the conviction and sentence was passed by the trial Court which was legal and proper one and, as such, both the appeals are liable to be dismissed. 11. Heard the learned Advoc......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294...Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....cification set up by respondent No.7. On the basis of the said non-compliance of the above specifications the Technical Committee declared the technical bid of respondent No.8 as not acceptable. In complete disregard of the opinion given by the three members of the Technical Committee the responde......h Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Salma Masud Chowdhury J Global Access Ltd..................................Petitioner Vs. Bangladesh and others…………….……………..Respondents Judgment January 25, 2003. Result: ......t No.7 (Annexure‑B) should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner is that on 22‑8-02 respondent No.7 invited sealed tende......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433...Category: Others | Date: | Hits: 174
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
....ule 2 of Order V. Rule (1b) is as under. “a plaintiff shall file, along with the plaint, for each defendant a copy of the summons along with a pre‑paid registered acknowledgment due cover with complete and correct address of the defendant written on it." Rule 2 of Order V of the Code is as......are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......ostal peon with the endorsement 'refused' that would not be a refusal by the defendant within the Meaning of Order V, sub-rule (2), of Rule 19B of the Code and such refusal could not be accepted as a proper service of summons of the suit upon the defendant by registered post to hear the suit ex part...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ..Category: Procedural Law | Date: | Hits: 100
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......laluddin, 60 DLR (AD) 57. Lawyers Involved: Raflque-ul-Huq with Ahsanul Karim, Faheemul Huq, Khairul Alam Choudhury, Kabir Iqbal Hossain, Kazi Akhtar Hossain, Aminul Hoque, Tanveer Hossain Khan and Rumeen Farhana, Advocates - For the Appellant. Khurshid Alam Khan, Advocate - For the Respond......tencing him to suffer rigorous imprisonment for 7 (seven) years with a fine of Taka 50,00,000 (fifty lakh) in default to suffer rigorous imprisonment for 1 (one) year more and also confiscating the properties in the name of the appellant in favour of the state alleged to be disproportionate to h......on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ..Category: Criminal Law | Date: | Hits: 125
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....ts for realization of TK. 47,40,875 (forty seven lakhs forty thousand eight hundred seventy five) contending, inter alia, that one Saleha Khatun, who is now dead, and her son Abdul Latif took loan to complete the under construction building of Saleha Kahtun by mortgaging the schedule land includin......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Abdul Awal J FRM Nazmul Ahasan J Salma Begum……………………Petitioner Vs. Sonali Bank Limited and others………………………Opposite-Parties Judgment August 19, 2010. Result: ...... the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 should not be set-aside and/or such order or further or orders passed as to this Court may seem fit and proper. 2. Opposite-party No.1 Sonali Bank Limited filed Artha Rin Suit No.131 of 2003 on 26-4-20......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ...... Ed. This Case is also Reported in: 55 DLR (2003) 396. ......the appellants shows from the record that occurrence took place at 10‑00 PM in the night following 16-12‑1990 and first information report was lodged at 19.50 on 19‑12‑1990 but there was no proper explanation as to the delay in lodging first information report on 19‑12‑1990, although t......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......…………………..Respondents Judgment January 6, 2003. Result: The Rule is discharged. Cases Referred to- Md. Golam Mortuza Vs. State, 28 DLR 115; Ali Akkas Vs. Enayet Hossain and others, 1997 BLD (AD) 44=2, BLC (AD) 16; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Mobashwi......e No.4 dated 3‑11‑1999, pending in the court of Magistrate, 1st Class, Balaganj, Sylhet should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution story, in brief, is that one Entajullah as informant lodged a First in......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279.......rt Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahnaj Begum Munni……………………Petitioner Vs. State and another……………………Opposite-parties Judgment May 12, 2011. Result: The R......truments Act, 1881, now pending in the Court of the Metropolitan Sessions Judge, Chittagong should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follow...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279...Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....om service vide the impugned order Annexure 'A' by the Respondent No.5 under the provisions of section 9(2) of the Public Servants (Retirement) Act, 1974. It is further stated that the petitioner has completed more than 22 years of service and that during his entire service career he had never been ......igh Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Moinul Islam Chowdhury J AKM Mazharul Haq Chowdhury……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment February 10, 2010. Result: The R......aration shall not be made that the petitioner has right to continue in service till the completing of 57th year of age and/or pass such other or further order or orders as this Court may seem fit and proper. 2. It is stated that the petitioner was appointed in Biman Bangladesh Airlines Limited ......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ..Category: Employment/Service Law | Date: | Hits: 157
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......et aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......ed by Assistant Judge, 2nd Court, Dhaka in Title Suit No.295 0f 1995 rejecting the plaint should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper.” 2. The plaint case in short is that the plaintiff instituted the Title suit No.295 0f ......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...Category: Procedural Law | Date: | Hits: 108
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......vision (Criminal Miscellaneous Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Rustom Ali (Md.) Matubbar alias Alam………………Petitioner Vs. Mohammad Salahuddin and another………………Opposite Parties Judgment March 2, 1998. Result: The Rule i...... of the act or the series of acts is to be judged. From the acts and conduct of the accused-petitioner and the surrounding circumstances a dishonest intention on his part can easily be inferred. In a proper case a breach of contract, also, amounts to cheating and criminal breach of trust punishable ......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....ithout lawful authority and is of no legal effect. 3. Background leading to this Writ Petition, in short, is that the petitioner company was established in December 1998, distributes and sells a complete range of Mobil brand lubricants to the requirement of the customers in Bangladesh. In 5th E......ourt Division (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J MJL Bangladesh Ltd………….........Petitioner Vs. Commissioner, Customs Excise and VAT and others................Respondents Judgment July 25, 2010. Result: The Rule i......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
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