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Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)

....pur, 381; Giridharlal Vs. Deputy-Commissioner, AIR 1929, Oudh, 35; Gazaraj Vs. Swaminath, 39 Allahabad, 13; 51 Calcutta, 715, Sajeda Khatun Vs. Mostafa Khatun, (1976) 28 DLR 221; Damodar Vs. Sarat Chandra, 13 CWN 846; Kumud Nath Vs. Jathindra Nath, 38 Calcutta 394; Mathura Vs. Ram Charan, 37 Allah......vil Proce­dure and also by filing an appeal before the Appellant Court against the ex parte decree. In the instant case this was done. 13. There has been divergent opinion in this subcontinent over this question. It appears that one view is that the defendant against whom an ex parte decree ...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..

Category: Procedural Law | Date: | Hits: 80

Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh Vs. Siddique Ahmed, 1977, 6 CLC (AD)

....would see how he would give evidence against them in the paddy cutting case. At that time, accused Abdul Ghani gave order to kill Tofazzal Hossain, and Respondent Siddique Ahmed took the gun from the hand of Altaf Hossain, and fired two shots which hit Tofazzal Hossain, one on his forehead and the o......1979) 29. ......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ..

Category: Criminal Law | Date: | Hits: 74

Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)

..... While necessary preparations for holding the election were underway, the Senior Vice-President, Mr. Saifuzzaman Chowdhury repeatedly kept demanding that the petitioner should immediately resign and hand over the office of the President to him, otherwise he would be forcibly removed. On 5-3-2000 th......le necessary preparations for holding the election were underway, the Senior Vice-President, Mr. Saifuzzaman Chowdhury repeatedly kept demanding that the petitioner should immediately resign and hand over the office of the President to him, otherwise he would be forcibly removed. On 5-3-2000 the Sen......ith the receipt of the same and a photocopy of the said resolution are annexed and marked as Annexures Z (l0) & Z (11). 12. It is stated by the respondent that the process of change at the top management, for abuse of power and mismanagement, was initiated even before the Board meeting held o..

Category: Others | Date: | Hits: 123

Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)

....m that no categorical contradiction was made that counting of votes from outside Dhaka started in the late afternoon on 17-6-1999 and not at the same time with Dhaka votes, as announced. On the other hand, there is admission by the respondents that counting which was to continue from 9-00 AM to 5-00......of Dhaka University, who was in charge of the election announced after the poll, the election results on 18-6-99. According to the results, announced at a press conference, all the candidates of the government hacked ‘Ganatantrik Oikya Panel’ won the election of twenty-five representatives of th......e TSC, with the help of the scrutineers, appointed for the purpose, in front of the candidates and their agents. The counting of votes were done without any break to avoid complication and for better management, in front of the candidates and their agents. It is stated that the election of the twent..

Category: Election Law | Date: | Hits: 105

Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)

.... P.W.1 12,12(1-5) Delivery permission by Customs affiliated C & F Agent, Customs Assessment, Invoice 12.7.1999 P.W.1 11.On the other hand the contesting defendant Nos.1, 3-4 examined Mr. Jahur Ahmed, Director (Operation) of Seacom Sh......esponsible for consequences. The vessel arrived late at the discharge port and the Bill of Entry was submitted by the plaintiff to the Customs Authority on or about 6.7.1997. But in the meantime the government fixed 2.5% development surcharge on the import of this type of cargo. The defendant No.1 v......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 178

Pacific Marine Service NOBPAC Ship Management Ltd. Vs. M.V.C UTOPIA , 2010, 39 CLC (HCD)

....avour or against he should be allowed an opportunity to get a copy of that order and unless the citified copy of the order is issued to him he may not be capable to abide by the order. In the case in hand the defendants by the impugned order is directed to furnish the Bank Guarantee amounting to BD ......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:..

Category: Admiralty Law or Maritime Law | Date: | Hits: 191

State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)

....AM he was going to the said mill and while reached in front of the land of one Kaimuddin Mondal, condemned prisoner Khosbar Ali dealt him indiscriminately hasua blows from behind as a result his left hand was completely separated from left forearm and also the neck was severed and that condemned pri......there was no other dispute. 16. P.W.7 Dr. Md. Abdul Kalam Azad, held post-mortem examination on the dead body of the deceased Abdus Salam who found the following injuries: i. One incised injury over left wrist joint with complete separation of left hand from left forearm. ii. One incised in......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ..

Category: Criminal Law | Date: | Hits: 62

United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)

....st bidder while the plaintiff second highest. By a notice, exhibit 8 dated 29-6-86 the Government informed the occupants that the suit building was transferred to defendant No.3 and requested them to hand over vacant possession to the Superintendent Engineer by 6-7-86. 32. On receipt of the said ......business in the aforesaid holding, this Holding No.74 Motijheel Commercial Area, Dhaka was declared as an Abandoned Property under President’s Order No.16 of 1972 and accordingly, it vested in the Government of the People’s Republic of Bangladesh namely, defendant No.1. The defendant No.1 also r......ecessary or expedient and do all acts and incur all expenses necessary or incidental thereto for the purpose of carrying the provisions of the Order into effect and, in particular, for the purpose of management and disposal, by transfer or otherwise, of abandoned property. Article 25 further empower..

Category: Tenancy Law | Date: | Hits: 135

Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)

....earing for the purchaser respondent No.2, tried to argue that the BSB authority accepted his tender and bid money from his client but for the rule and order of stay possession of the vessel cannot be handed over to the purchaser. 19. In view of the facts and circumstances of the case and our find......efore the Subordinate Judge and Artha Rin Adalat No.2 Dhaka for declaration that the claim of the respondent Bank as included in the certificate proceeding was not due to the Bank and total amount recoverable from the certificate debtor as on 30-6-1986 was Taka 11,14,920,90. The said suit was dismis......oncern under liability to the Bank under an agreement makes default in payment of arrear dues or fails to comply with the terms of its agreement with the Bank. The Bank is authorised to take over the management and administration of the industrial concern and may sell or realise any property pledged..

Category: Admiralty Law or Maritime Law | Date: | Hits: 171

Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)

....- Pashi Bazar, Police Station-Rupgonj, District-Narayangonj................Opposite Party Judgment March 9, 2010. Result: The Rue is made absolute. Lawyers Involved: Taimur Alam Khandaker, Advocate with Nur Mohammad Miah, Advocate-For the Petitioner. AKM Zahirul Hoque, Advoc......angonj for declaration of his title in the suit property, measuring an area of 0.35 acres of land against the defendant No.1 Noor Mohammad, his mother defendant No.2 Mst. Samala Bibi, defendant No.3 Government of Bangladesh and defendant No.4 Assistant Commissioner (Land) Rupgonj, Narayangonj. The s......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 74

Md. Mahabubur Rahman Vs. Government of the People’s Republic of Bangladesh and other, 2010, 39 CLC (HCD)

....Hospital papers which shows that he was hospitalized in the month of February, 2009 and for this reasons he could not prosecute his profession regularly in the month of March, 2009 4. On the other hand, the learned Advocate Mr. Zakir Hossain appearing on behalf of the writ petitioner submits that......ourt Division (Special Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Huque J Md. Mahabubur Rahman………………………………………Petitioner Vs. The Government of the People’s Republic of Bangladesh and other….... Respondents Additional Deputy...... writ petition. Therefore this application merits no consideration. In the result, the review application is rejected. SM Emdadul Huque J. - I agree. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 62

Abul Kalam Vs. State, 2011, 40 CLC (HCD)

.... was due to asphyxia and apoplexy from throttling, which was antemortem and homicidal in nature. He proved the post mortem report as exhibit-2 and his signature thereon as exhibit-2/1. P.W. 7 Rakhal Chandra Deb, a police constable stated that he escorted the dead body to the morgue of Brahmanbaria S......ain the cause of her death, he will be held liable for the death. [reliance placed on 60 DLR 261, 5 BLC 492, 2 BLC (AD) 126, 5 MLR (AD) 362]. In the present case, the appellant is mysteriously silent over the cause of the death of his wife. From the depositions of the witnesses and the appellant’s......the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 58

State Vs. Shamima Arshad, 2000, 29 CLC (HCD)

....res and is, therefore, liable to be interfered with. 7. Mr. Serajul Huq, assisted by Mr. Anisul Huq and Mrs. Towfika Karim, the learned Advocates appearing for the accused respondent, on the other hand, submits that if the evidence of P.Ws. 3 and 4 is considered along with the medical evidence it......arry’s Employees Union Vs. Parry & Co., AIR 1966 Cal 31. Lawyers Involved: Syed Abu Kawsar, Assistant Attorney General - For the State-Appellant. Not represented- the Respondent. Government Appeal No. 04 of 1984. Judgment Md. Abdul Aziz J.- This is an appeal under section ......on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617...

Category: Criminal Law | Date: | Hits: 60

Abdul Alim Vs. State and Others, 2000, 29 CLC (HCD)

....ct of holding No.58/1 of Purana Paltan, officer-in-charge and receiver on the basis of the order of the learned Magistrate took possession also of holding Nos. 59 and 59/1 from second party Kabir and handed over possession of the same to the second party Monowara Islam. Subsequently, when this fact ......olding No.58/1 of Purana Paltan, officer-in-charge and receiver on the basis of the order of the learned Magistrate took possession also of holding Nos. 59 and 59/1 from second party Kabir and handed over possession of the same to the second party Monowara Islam. Subsequently, when this fact was bro...... learned Magistrate with a direction to ask the officer-in-charge to hand over the possession within 15 days from the receipt of the order. Ed. This Case is also Reported in: 52 DLR (2000) 616. ..

Category: Criminal Law | Date: | Hits: 47

Bellishar Mohini Mohan High School and others Vs. Professor Mohammad Khurshid Miah and another, 1999, 28 CLC (HCD)

....s no interference with the recreational facilities of the local people as such, he submits, there is no cause of action for filing the suit and the plaint is liable to be rejected. 6. On the other hand Mr. GS Huq, the learned Advocate appearing on behalf of the opposite party No.1 submits that th...... said lands were included in the list of the vested properties, that of late, in spite of protests of the local people some bad people had been trying to construct a new building for the school with government grants in the aforesaid 0.75 acres of land and thereby destroying the easement right of th...... in the order dated 13-7-1995 passed by learned Assistant Judge. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 614...

Category: Civil Law | Date: | Hits: 94

Major General (Retd.) Mahmudul Hasan Vs. State, 2000, 29 CLC (HCD)

....Firoj Rashid was not dropped from the first information report. Not only that, charge-sheet was also submitted against him. 4. Mr. Md. Mustafa, the learned Assistant Attorney-General, on the other hand, submits that particulars of the allegation can be gathered from the case diary and as the case......ainst the present petitioner under section 186 of the Penal Code on the allegation that while he was in charge of the Ministry of Home Affairs he directed the then Superintendent of Police, Gopalgonj over phone to drop the name of former State Minister Kazi Firoj Rashid from the case which started o......responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612...

Category: Criminal Law | Date: | Hits: 58

Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)

....s Case is also Reported in: 52 DLR (2000) 609. ......permanent lease for 99 years reserving for herself annual rent of Taka 1/-; and that Ayesha Khatun paid rent of Taka 1.00 to the lessor Rangubala till the rent receiving interest was acquired by the Government. The learned Subordinate Judge allowed pre-emption against the appellant and the appeal wa......nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ..

Category: Property Law | Date: | Hits: 70

Md. Abdus Samad alias Kalu and others Vs. State, 2010, 39 CLC (HCD)

....4 beat to witness No.1 by ‘Lathi’ and also accused no.6 beat to the witness No.2 by ‘Lathi’ accused No.3 also beat to the witnesses no.3 as well as accused no.7 beat by the ‘Lathi’ on the hand of the witness No.3 accused No.9 beat to the informant by ‘Lathi’ and accused no.12 threate......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 58

Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)

....e in possession of their respective purchased land jointly sold the same, measuring an area of 0.72 acres of land, to their vendor Sarafat Ali through registered Safkabala No.1606 dated 27.4.1979 and handed over the possession. Thereafter the said Sarafat Ali sold 0.52 acres of land out of the said ......….Defendant-Appellant-Opposite Party Judgment March 7, 2010. Cases Referred To- Abdus Sattar and other Vs. Abdul Halim and others 50 DLR (AD) 6; Noor Mohammad Khan and others Vs. The Government of Bangladesh 42 DLR, 434; Fazlul Karim Mohammad and others Vs. Lutfunnessa Begum 50 DLR (...... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 62

Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)

....her, 28 DLR 178; Howlader Jute Mills Ltd., 28 DLR; Deputy Managing Director National Bank of Pakistan, 28 DLR; Municipal Board, Allahabad Vs. B Sarker Bahadur Johari, AIR 1929 (Allahabad) 870; Sarat Chandra Vs. Nirod Chandra, AIR 1935 (Cal) 405; Secretary Bangladesh Jute Corporation Vs. Chairman, 2n......ce Procedure.- (1) Any individual worker including a person who has been dismissed, discharged, retrenched, laid off or otherwise removed from employment who has a grievance in respect of any matter covered under this Act and intends to seek redress thereof under this section shall observe the follo......oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ..

Category: Labour and Industrial Law | Date: | Hits: 140