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KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
.... being the date in this case. He submits that between the conclusion of an ex parte hearing and the passing of the Court's judgment, whatever be the time lag, the defendants are without any right whatsoever and the time spent in passing the judgment is merely for the convenience of the Court. All th......the judgment of the Court, nothing else. The acceptance of the written statement was, therefore, completely unauthorised by any provision of law. Nor can section 151 of the Code of Civil Procedure be called in aid, because Order 9, rule 7 and Order 9, rule 13 between them exhaust the whole gamut of ......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ..Category: Civil Law | Date: | Hits: 83
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....ed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......d prayed for exempting the petitioner from payment of VAT on the ground stated in the petition which was received by the office on 18-3-95. The respondent No.3 on receipt of the aforesaid application called for a report from respondent No. 4 by letter dated 12-4-95 with a copy of the petition of the......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....Central jail, Dhaka vide Memo No. Miscellaneous Case No. 1586 of 1998 dated 22-12-98 (Annexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful author...... under Article 102 of the Constitution as aforesaid inasmuch as excess of authority and an abuse of power by the law enforcing authority including the Police being rampant an appropriate direction is called for from this Court with a view to arresting checking such abuses or excess by law enforcing ......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..Category: Criminal Law | Date: | Hits: 106
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....No.1 Moulana Delwar Hossain Saydee in First Miscellaneous Appeal No.144 of 1997. 3. Mr. Khandakar Mahbubuddin Ahmed, learned Advocate appearing on behalf of respondent No.1, submits that there are some findings in the Judgment of the Election Tribunal which may be adverse to the appellant of Firs......y affecting the election result as a whole. The learned Advocate has also mentioned that the tribunal allowed the election petition in part. Mr Amir-ul-Islam concludes by arguing that if these can be called merely adverse findings, the conclusion based on these findings led the Election Tribunal to ......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ..Category: Election Law | Date: | Hits: 159
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....umber was incorrectly typed and, as such, the complainant met the accused petitioner and then the accused petitioner asked the complainant to deposit the cheque afresh on 30-7-2000 but on that date also the cheque was dishonored when it was presented for encashment. Then the plaintiff served another....... 1. Md. Fazlul Haque Chowdhury, Assistant Attorney General- For the State. Criminal Miscellaneous Case No. 1145 of 2001 Judgment Md. Hamidul Haque J. - By this Rule opposite parties were called upon to show cause as to why the CR No.299 of 2000/167 of 2000 now pending in the Court of Ma......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ..Category: Criminal Law | Date: | Hits: 35
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....-opposite party, a monthly tenant, stating, inter alia, that the suit property originally belonged to Fulesa Khatun who transferred the suit premises by a deed of gift in favour of the plaintiff, her son and that defendant had been a monthly tenant in the suit premises on the basis of an agreement d......aintiff) that he deposed that before filing the suit he tried for settlement of the dispute and took steps for settlement of the dispute privately which was attended by other tenants also and that he called salish (Arbitration) with the local elite and this evidence clearly indicates that the plaint......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ..Category: Tenancy Law | Date: | Hits: 148
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....her of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything that is published in the newspaper. So, she is also equally guilty of contempt of Court. She is a leading personality in the news media and she does......ld of judiciary. His contribution is recognised by all and as a result of that within a very short time after his retirement he was appointed as a member of the Law Reforms Commission (hereinafter called "the Commission"). He retired on 4-4-96 from the High Court Division and joined as a member ......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ..Category: Criminal Law | Date: | Hits: 130
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....y No.1 Siddiqur Rahman Bhuiyan challenged the election of said AHM Khaleque by making an election petition before the above Election Tribunal on various grounds of illegal and corrupt practices. He also prayed for recount of the votes. In the election, five candidates including the revision-petition......o heard the learned Counsels at length. 12. I find, under section 29 of the Local Government (Union Parishad) Ordinance 1983, the decision of the District Judge in appeal is final and shall not be called in question in or before any Court. In view of such provision, the jurisdiction under section......f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
.... contractor for making the application. The work under the contract having not commenced, there was no scope for invoking the arbitration clause 50 of the contract. Under the contract, there might be some change in the design and the contractor was obliged to do the work. He also informed his readin......pugned order is hereby set aside. The application of the opposite party made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ...... the employer decided to go for mat foundation and changed the design but ultimately did not supply any revised design. No work under the contract then proceeded. As a result, the contractor suffered loss to the tune of more than one crore. He addressed several letters to the employer requesting for..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....tainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......rt of the clearing agent and surveyor that the consignment against the bill of lading had not arrived at Chittagong by ‘MV Sargodha’. The plaintiff claimed C&F price of Taka 33,41,707.00 plus loss of profit of Taka 11,59,255.00 and in total Taka 45,00,962.00. That after filing of the suit th..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....mited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: The Rule is made absolute Lawyers Involved: MR Hasan, Advocate—For the Petitioners. Md. Bazlur Rahman, Dep......is of the price along with the cost analysis submitted on 15-4-1998 raised objection in respect the price of Flyban by their letter Ref. Nathi No.4A(1)22/Mosquito Coil/Mushak/93/94 dated 5-5-1998 and called upon the petitioner to appear for hearing on 13-5-1998 in support of the basis of price decla......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..Category: Fiscal/Taxation Law | Date: | Hits: 91
....ngladesh Vs. Jaheruddin and 1 BLC 105 Government of Bangladesh Vs. Amir Hossain Munshi and others and submits that the Government does not enjoy any special privilege but in appropriate circumstances some consideration may be extended to the Government appearing as a litigant before the Court.
3.......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365.......f opposite-party is allowed to be absorbed in Government service as a primary school teacher, the Government and the Government official and the petitioners are not likely to suffer any irreparable loss. In support of his arguments the learned Counsel for the plaintiff-opposite party cited a case ..
Category: Procedural Law | Date: | Hits: 88
Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)
....ahman J.- Instant petition under Article 103 of the Constitution is for granting leave to appeal against the judgment and order dated 24.08.2009 passed by the High Court Division in making the Rule absolute issued in Writ Petition No.6981 of 2007. 2. The respondent No.1 hereof filed the leave pet...... application before the concerned authority for issuance of Trade Organization License which is pending before the licensing authority and on the application filed by Respondent No.7 a report was called for from the Deputy Commissioner, Sunamganj by the Senior Assistant Secretary of the concerne......rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ..Category: Others | Date: | Hits: 74
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
.... 132.50 acres from old plot No.246. Kefatullah constructed house in the land of plot No.247 and his name was correctly recorded in S.A. and R.S. Khatian. Thereafter Kefatullah died leaving behind 3 sons with plaintiff and daughter Joymon and one grandson. The plaintiff had been servicing in Natore......eiving 22 decimals of land from Mirpur mauja. Thereafter before executing partition deed or exchange deed the 3rd party dispossessed Ramjan Ali from 6½ decimals of land in plot No.246. So Ramjan Ali called Abu Daud to file suit regarding 6½ decimals of land and plaintiff Abu Daud and Ramjan Ali ...... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ..Category: Property Law | Date: | Hits: 36
Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)
....the People’s Republic of Bangladesh is directed against the judgment and order dated the 16th day of June, 2008 passed by the High Court Division in Civil Revision No.2102 of 1995 making the Rule absolute remanding the suit to the Court of Appeal below for holding fresh trial in the light of obser......ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......y 18.03.1989 and that the shops have been standing on the lands belonging to the K.D.D.B. not on Government khas lands; that if they are evicted forcibly from their shops they will suffer irreparable loss and injury and as such, they were compelled to file the suit. 3. The defendant Nos.1-3 conte..Category: Property Law | Date: | Hits: 31
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....at Ara J Md. Abid Khan and others ..........…Petitioners Vs. The Government of Bangladesh and others ...........…Respondents Judgment May 5, 2003. Result: The Rule is made absolute. Cases Referred to- Mukter Ahmed Vs. Government of Bangladesh and others, 34 DLR 29; Ab...... the situation prevailing immediately after liberation. 20. We do not think that only because of the concentration of Urdu speaking people, who were citizens of the erst while East Pakistan the so called Geneva Camp has attained any special status so as to be excluded from the operation of the la......squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ..Category: Election Law | Date: | Hits: 94
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....d noticed. 4. Petitioner of this Civil Revision Petition as plaintiff land a suit being Title Suit No.72 of 1985 in the Court of Munsif (now Assistant Judge), Kachua, Chandpur for declaration that solenama filed by plaintiff-petitioner on 14-8-1985 in Miscellaneous Case No. 49 of 1984 and Title S......ich the decree was passed for an order to set it aside and if he satisfies the Court that summons was not duly served or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon su......f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284...Category: Procedural Law | Date: | Hits: 83
Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)
....e the Metropolitan Magistrate, Chittagong alleging that the accused petitioner used to purchase potato from the complainant for supplying to different cantonments and on 01-07-89, the accused party also came to purchase potato but they disclosed that some of their bills which were pending in differe......titioner. Md. Mustafa, Assistant Attorney-General — For the Opposite Parties. Criminal Revision No.1211 of 1993. Judgment Md. Hamidul Haque J. - By this Rule, the opposite parties were called upon to show cause as to why the proceedings of Criminal Case No. 301 of 1990 now pending in ...... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283...Category: Criminal Law | Date: | Hits: 39
....ndant Nos. 2 and 3. It has been alleged that defendant No.1 cleared the cargo at Chittagong Port on a declaration as the Ship’s agent under section 55(B) of the Customs Act whereby he undertook personal liability for the damage or loss of goods of the consignment. The consignment was insured with......Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question.
2. Short facts relevant for the purpose of the case are that, opposite party ......leged that defendant No.1 cleared the cargo at Chittagong Port on a declaration as the Ship’s agent under section 55(B) of the Customs Act whereby he undertook personal liability for the damage or loss of goods of the consignment. The consignment was insured with defendant No. 4 for a total sum o..
Category: Civil Law | Date: | Hits: 91
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
....his Rule is directed against order Nos.28 and 29 dated 24-6-1992 and 6-7-1992 respectively by the learned Senior Assistant Judge, 2nd Additional Assistant Judge Court, Sadar, Noakhali allowing comparison of disputed document against which another suit is brought with plaintiffs signature disputed in......the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts. Such persons are called experts.” “73. In order to ascertain whether a signature, writing or seal is that of t...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259...Category: Procedural Law | Date: | Hits: 85
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