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Amir Hossain Vs. State, 1988, 17 CLC (HCD)

....se. So far as accused appellant Rustom Ali is concerned his appeal is dis­missed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......ed Advocate for the appel­lants that the occurrence took place on the night fol­lowing 13.11.77 accused appellant Amir Hossain was arrested on 26.1.78 and he was taken twice to police remand before holding the T.I. Parade on 27.3.78. Mr. P.C. Guha the learned Advocate has drawn our attention to th..

Category: Criminal Law | Date: | Hits: 51

Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)

....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......d that the petitioner did his best to save the project even by incurring loan from Rupali Bank as disclosed in the petition of complaint and the BSRS did its best to frustrate the project through withholding of further payment. It has been stated further that the contract provides for penalty by way..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)

....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......nd pendente lite interest at the rate of Tk.10% per annum, that defendant No.6 by letter Ext.2(f) dated 3.10.80 informed the plaintiff that defendant no 2 M/S. Ednasa Shipping Co. Ltd., Hong Kong was holding U.S. dollars 14,326.00 on defendant no. 1's account and that defendant No.5 Bangladesh Shipp..

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)

....s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......ons, if established, would call for a minor or a major penalty. Procedures for formal enquiry will be as laid down hereunder in Statutes 7, 8 and 9." 7. Statute 7 provides for the procedure for holding an enquiry when a delinquent employee is charged with an offence the maximum penalty for whi..

Category: Criminal Law | Date: | Hits: 74

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......d 3.10.61 liable to be declared full and void? 5. What relief, if any, is the plaintiff entitled to? 5. The learned Subordinate Judge on consideration of the evidence on record decreed the suit holding that the plaintiff had title in the land in dispute and the order dated 3.10.1961 cancelling..

Category: Property Law | Date: | Hits: 36

Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)

....eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......se on contest but without any order as to costs. 6. Mr. Khondker Mahbubuddin Ahmed learned Advocate for the defendant No. 26-appellani submits that the learned Subordinate Judge acted illegally in holding that a party who wishes to obtain the benefit of section 5 of the Limitation Act must always..

Category: Procedural Law | Date: | Hits: 101

KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)

....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. ......ceeding merely by common parlance and not an ex parte proceeding at all in the eye of law, the provisions of Order 9, rule 7 are not attracted and, therefore, the decision of the Indian Supreme Court holding that there is no hiatus between the two stages of reservation of judgment and pronouncing th..

Category: Civil Law | Date: | Hits: 83

Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)

....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......operties along with his wife defendant No.1. The learned Advocate submits that till the matter is finalised in the suit the defendant may be restrained as prayed for and the learned Subordinate Judge holding a prima facie case in favour of the plaintiffs rightly passed the order of injunction. 5...

Category: Banking Law | Date: | Hits: 122

Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......bably he intended to say that the money belongs to BCCI over which they have claimed set-off. He admitted that they have claim of over 1.65 million US dollars from BCCI. But it appears that they were holding more than that which belong to BCCI and actually according to this witness BCCI is to get 8...

Category: Banking Law | Date: | Hits: 136

Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......is the crux of the whole problem in the instant case. The statements have been made by a Member of Parliament who is the Home Minister of the Government. We cannot but mention that Mr. Nasim has been holding a responsible and Constitutional Post as a Minister of the Government. Further we can take j..

Category: Criminal Law | Date: | Hits: 54

Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)

....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. ...... the local elite and this evidence clearly indicates that the plaintiff called salish before filing the suit. He however admitted that he did not file any application before the Ward Commissioner for holding arbitration. He further deposed that the salish took place in the house of the defendant and..

Category: Tenancy Law | Date: | Hits: 148

Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)

....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......e Ahmed, learned Counsel appearing for the petitioners, submits that the learned Assistant Judge committed serious error of law resulting in an error of his decision occasioning failure of justice in holding that the defendants dispossessed the plaintiff. He also submits that the trial Court erred i..

Category: Civil Law | Date: | Hits: 82

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....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 ......a catalyst for changes and reforms as well as political development in our country. It played historical role during the war of liberation and it always played a pro-people role. In the past for upholding the rights of the public and for publishing the news regarding ill designed actions of the..

Category: Criminal Law | Date: | Hits: 130

Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)

....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12.   ......o meet increased demand for residential plots by large number of city dwellers and there is no illegality in altering the layout plan in such manner. He further submitted that there is no question of holding out any promise by RAJUK to the allottees as of any estoppel preventing it from converting t..

Category: Property Law | Date: | Hits: 55

Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)

....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. ...... of the returned candidate AHM Khaleque and set aside the election of the revision-petitioner in the by-election held in the meantime. 7. It may be noted here that challenging the notification for holding by-election for the office of Chairman of the said Union Parishad, the election-petitioner m..

Category: Election Law | Date: | Hits: 79

National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)

....rty 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. ......eadiness by his letter dated 01-06-1997 to do the work as per changed design which was necessitated for unavoidable circumstances. The employer addressed various letters requesting the contractor for holding discussion, but he preferred to make the application. After the work order was issued, the c..

Category: Alternative Dispute Resolution | Date: | Hits: 186

North South Property Development Ltd. Vs. Secretary, Ministry of Land and another, 1999, 28 CLC (HCD)

....n the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 7.......by memo dated 23-10-97 petitioner was asked to submit a plan. Similar request was made to other NGOs as well. The said Ministry did not make any representation to the petitioner much less to speak of holding out any promise or assurance. The proposal of the petitioner was neither approved by the Min..

Category: Civil Law | Date: | Hits: 92

Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)

....ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......btained the present Rule. 4. Mr. M Enayetur Rahim the learned Advocate appearing for the petitioners submits that the learned District Judge, committed an error of law in rejecting the application holding that Miscellaneous Case No.13 of 2000 is not an original proceeding and accordingly Order 6 ..

Category: Procedural Law | Date: | Hits: 86

Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)

....rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604.......fect par­ties. The vendor sold the land to them by registered kabala dated 31st January, 1998, and delivered possession to them on the same date. The pre-emptors are not co-shar­ers in the disputed holding because of sepa­ration of Jama. The case has been filed on the basis of some false allegati..

Category: Property Law | Date: | Hits: 22

Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)

....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.......he 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 observation made in the judgment. 2. The facts involved in th..

Category: Property Law | Date: | Hits: 31