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M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......laced reliance in a case of Nazurl Islam Vs. The State reported in 13 MLR (AD) 184. 13. Mr. Moinuddin, the learned Advocate with the leave of the court appearing for the informant has endorsed the view of the learned Assistant Attorney General and submits that the petition of complaint clearly di..Category: Criminal Law | Date: | Hits: 104
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ......cree is not set aside executing court cannot take any independent decision over the matter in order to determine the decretal amount which has already been made by the trial court. In support of this view we may rely upon a decision of unreported case of Toufiqul Islam Vs. Ministry of Law, Justice a..Category: Civil Law | Date: | Hits: 186
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......at the suit property is urban property and that the Land Reforms Ordinance of 1984 has been promulgated with the object to reform the land relating to land tenures, land holding and transfer with the view to maximizing production and ensuring a better relationship between land owners and bargaders..Category: Property Law | Date: | Hits: 134
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ...... order for sending her to hajat. Thereafter, on her reproduction the confessional statement was recorded. This indicates that the same was secured by undue influence, coercion, torture and threat. In view of the nature of the materials collected by the prosecution Mr. Rahman submits that the petitio..Category: Criminal Law | Date: | Hits: 82
Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)
....harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......application for addition of party. He has relied upon a decision in the case of Subhra Nandi Majumder Vs. Official Liquidator, Mahaluxmi Bank Ltd. and others, 1987 BLD 244 where in it is held, "In view of the provision of substitution and definition of legal representative in the Code of Civil Pr..Category: Civil Law | Date: | Hits: 117
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ...... the evidence of 2 attending physicians as unsatisfactory. The plaintiff could examine himself in the Mymensingh Medical College Hospital and Holy Cross Hospital, but he did not do so. But taking the view that pending litigation nothing new should be introduced the learned Munsif held that the ord..Category: Employment/Service Law | Date: | Hits: 120
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ...... the dead body of Lucky was hanged with a ceiling fan. One of her leg was touching the bed in bent condition. He saw marks of injury on the hand of Lucky and that blood was falling from her leg. In view of the said sight it was his presumption that Lucky did not commit suicide, rather, she was han..Category: Criminal Law | Date: | Hits: 97
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ...... such an agreement as per law and as such the plaintiff was not entitled to file any suit for permanent injunction against the defendant and was not entitled to get any order of status quo. 18. In view of the above and save and except a limited interest as being attorney of the defendant the pl..Category: Civil Law | Date: | Hits: 115
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......if there was a bonafide dispute regarding the debt or the intention of the party seeking winding up was malafide to pressurise the company to submit to an unjust demand (emphasis added). 29. In my view, the aforesaid case is quite distinguishable from the present case in that there is neither a "..Category: Company Law | Date: | Hits: 164
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ......he plaintiff failed to institute the suit within 2(two) years from the alleged date of cause of action and contends that for these two reason as the suit is barred by law, the same comes under the preview of order 7 rule 11 (d) of the Code of Civil Procedure 1908 and as such the plaint is liable to ..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
....urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ...... decision occasioning failure of justice. He next in the course of his argument upon placing the provisions of section 216A/217 of the Customs Act submits that the Customs Act is a special law and in view of the express provision of section 216A of the Customs Act, no suit, case or any application s..Category: Fiscal/Taxation Law | Date: | Hits: 156
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......back before the Administrator of Wakfs. After the decision of the Administrator removing the Mutwalli, an appeal was preferred before the District Judge which was also dismissed. As against that, a review application under Order 47, rule 1 of the Code of Civil Procedure was filed which however was d..Category: Trust/Waqf Law | Date: | Hits: 124
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ......dule from 31st December 1992 instead of 30th Sept. 1992. True copies of the letters dated 14‑9‑92 and 19‑9‑92 are annexed to the petition and marked as Annexures ‘E' and ‘E1’. 14. In view of the repeated failure of respondent No.1 to pay debts despite repeated reminders and request ..Category: Company Law | Date: | Hits: 145
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
....ned Advocate appearing on behalf of the respondents, on the other hand, placed reliance in 1910 Appeal Cases 404 (Cat. Pauper Vs. Wood & others). There it has been held that the decisions even if erroneous in point of law being given without misconduct were binding and conclusive and not removab......538, where it has been noted that a proper hearing must always include a fair opportunity of those who are the parties in the controversy for correcting or contradicting anything prejudicial to their view. He also drew our attention to a comment made by Lord Denning who said that if the right to be ..Category: Others | Date: | Hits: 154
....onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
......under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause, why the impugned order dated 14‑9‑83 (Annexure‑C) passed in Review by the Chief Martial Law Administrator briefly CMLA converting the Judgment of acquittal dated ..
Category: Constitutional Law | Date: | Hits: 259
....h, of no legal effect.
Order of stay granted in this Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
......nd the government and its agencies that the directions issued by the Court are meant to be complied with and we wish to emphasize that it is the STATE to ensure such compliance. We simply express the view that let the needful be done within the given timeframe and the rules directed to be prepared b..
Category: Environmental Law | Date: | Hits: 891
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......y the High Court Division arid the result of a criminal case does not affect a civil suit in which the Court is free to come to its own finding independent of the result of a criminal case. 16. In view of the position as disclosed above and under circumstances involved in both the cases we find t..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......Court is not competent to take cognizance of this case when once this case which ended in final report in the Court of S.D.M. Chittagong Sadar, petitioner may try his luck in that Court. In the above view of the case it is filed". 7. Against the said order dated 27.04.1981 passed by the Chief Met..Category: Criminal Law | Date: | Hits: 93
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
...., expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ......rieved by the decree passed by the Artha Rin Adalat. 11. In order to resolve the dispute the provisions of section 32(1) and (2) of the Ain, 2003 are required to be referred to for having a better view of the dispute in question. Section 32 (1) and (2) of the Artha Rin Adalat Ain, 2003 reads as f..Category: Civil Law | Date: | Hits: 176
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
....for the opposite party Nos.1-4 submits that the opposite party Nos.1-4 has been elected as Vice President and members of the Managing Committee without any contest and that the Appeal Officer took an erroneous view that the voter list containing 261 voters was not approved by the Managing Committee.......posite party Nos.1-4 submits that the opposite party Nos.1-4 has been elected as Vice President and members of the Managing Committee without any contest and that the Appeal Officer took an erroneous view that the voter list containing 261 voters was not approved by the Managing Committee. 12. Mr..Category: Others | Date: | Hits: 140
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