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12. In the case of Writ Petition No.9 of 2002 Mr. Khondaker further submits that, since this Court was already in seisin of the matter and since the respondent No.1 acted mala fide and with highhandedness in not complying with this Court's order, this Writ Petition was rightly filed in this Co...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343...
Category: Employment/Service Law | Date: | Hits: 75
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....he Court of the Subordinate Judge, Barisal for declaration of title against the opposite parry Nos. 17-22 over the land described in the schedule of the plaint contending, inter alia, that one Omesh Chandra Hajra, the predecessor of defendant-opposite party Nos. 17-21 being the owner of the suit lan......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53...Category: Property Law | Date: | Hits: 81
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....second objection is that the instant Rule issued on the revisional application filed under section 115(1) of the Code is not maintainable against the impugned judgment and decree. 17. On the other hand, the learned Advocate appearing for the plaintiff-petitioner contends that the revision is main......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ..Category: Procedural Law | Date: | Hits: 90
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....ioner Vs. Baby Food Products Ltd. and another ………………………………Opposite Parties. Judgment June 28, 2005. Cases Referred to- Hindustan Pencils Pvt. Ltd, Vs. Prem Chand Gupta trading as Universal Trade Co. 1985 PTC, 33; Lakshmi Narayan Karva and others Vs. Satyana......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ..Category: Intellectual Property Law | Date: | Hits: 386
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....Kha' fixing total consideration money amounting to Taka 2500 and Nurul Huque subsequently, on 13-3-1959 received an amount of taka 1000 by issuing proper receipt from the rest consideration money and handed over the possession of the suit schedule 'Kha' land to the plaintiff; that the plaintiff deve......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....r referred the case of Serajul Islam Vs. Helana Begum and others reported in 48 DLR 48 in support of his contention. 13. Mr. Abul Quashem. the learned Advocate for the opposite party, on the other hand, submits that the plaintiff-respondent-opposite party as plaintiff instituted Family Suit No. 1......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......on, Affidavit-in-Opposition on behalf of the petitioner to the Application for Injunction filed on behalf of the respondent Nos. 6 to 8 and 13, and all annexures. 4. This Court at the outset takes note of the distinction drawn by the Learned Counsel for the petitioner Mr. Oziullah between the cir..Category: Employment/Service Law | Date: | Hits: 79
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....as security in favor of the defendant-petitioner; and that the defendant-petitioner accepted the earnest money and gave assurance to the plaintiff-opposite-party that the auctioned materials would be handed over to him within a short time subject to receiving survey report from the higher authority;......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ..Category: Business or Commercial Law | Date: | Hits: 209
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....Nos. 1 to 4 and 6 obtained the Rule upon making a revision application under section 115 of the Code of Civil Procedure against an order dated 27-7-2002 passed by Joint District Judge, Court No.2 at Chandpur in Title Suit No. 12 of 2002, which stayed all further proceeding of Title Execution Case No...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224...Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....SamadAli reported in 33 DLR (AD) 113. 7. Mr. Md. Khalilur Rahman Bhuiyan along with Mr. Mohammad Mofazzal Hossain, the learned Advocates appearing for the pre-emptor opposite parties, on the other hand, vehemently submits that the pre-emptee-petitioner did not raise any specific objection with re......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....f the cancellation of the kabuliat, the opposite parties were left without any land, which seriously affected their source of income and consequently, their livelihood. 10. Mr. Haque, on the other hand, contends that without traversing the reasons and positive findings of the trial Court, the low......te Court apparently ignored the two local inspection reports, one filed by the AC (Land) and the other filed by the Advocate Commissioner, both of which have been marked as Exhibits. It is also to be noted that PW 1, in his cross-examination, stated that the Report of the Advocate Commissioner was c..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......all be instituted in the court of the lowest grade competent to try them as indicated in section 15 of the Code of Civil Procedure. 14. Section 6 of the Code of Civil Procedure, as we have already noted, indicates the pecuniary jurisdiction of any Court over suits. Therefore, the pecuniary value ..Category: Procedural Law | Date: | Hits: 90
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Md. Shahjahan…………………………………Condemned-Prisoner. Judgment March 22, 2004. Cases Referred to- KhandokarSaiful Islam Vs. State 50 DLR (AD) 26; Gulahat Khun Vs. State 23 DLR (Pesh) 7; Karim Vs. Sta...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ..Category: Criminal Law | Date: | Hits: 96
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....eing the elected representative of the people of the entire Union Parishad has the vested right to continue with the office of Chairmanship and, as such, he cannot be removed so lightly. On the other hand, an acting Chairman is chosen from among the members of the Union Parishad unlike the elected C......new acting Chairman. Therefore, it appears that section 12 of the Ordinance providing provision for removal of an elected Chairman is not applicable for the removal of an acting Chairman. It is to be noted here that an elected Chairman being the elected representative of the people of the entire Uni..Category: Election Law | Date: | Hits: 83
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....harge against him and that while discharging him the learned Additional Sessions Judge has overlooked the reasoning of the learned Magistrate. 4. Mr. Mujibur Rahman, learned Advocate, on the other hand, submits that after deletion of Chapter XVIII by the Law Reform Ordinance No. XLIX of 1978 with......e is triable exclusively by it" used to the prefix of the section, the expressions "transfer of case of Court of Session when the offence is triable exclusively by it." have been used in the marginal note. In clause (a) of section 209 the word "commit" has been used, whereas the word "send" in claus..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
....dingly, the vessels cannot be arrested in the above suit as the claim in the suit cannot be enforced in an action in rem against the vessels which are owned by strangers to the disputes. On the other hand, it is the plaintiffs contention that the shareholders of the company which owns MV X-Press Man...... as a result of which the containers laden with the cargo dropped into the sea at Colombo and the cargo in the containers was washed away by sea water. The master of the vessel MV Jaami lodged marine note of protest on 26-12-2004 at Colombo. The plaintiff has held the defendant No. 5 responsible for..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
.... never took over possession of said property as abandoned property. Schedule-1 (Kha) was not part of the industrial unit, Rupkatha cinema hall. The Deputy Commissioner as district Administrator never handed over possession of said property to the Ministry of Industries. The Ministry of Industries ne......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....R (AD) 19; Madhu Limaye Vs. Superintendent Tihar Jail, Delhi, AIR 1975 (SC) 1505; Ghyas Siddique Vs. Bangladesh, 43 DLR 179; BC and Company Vs. Union of India, AIR 1973 (SC) 107; Bangladesh Vs. Syed Chand Sultana and others, 51 DLR (AD) 24; Dhaka Warehouse Ltd Vs. Assistant Collector. Customs 1991 B......102 may not be entertained to circumvent a statutory procedure. There are however, exceptions to the rule. Without attempting an exhaustive enumeration of all possible extraordinary situations we may note a few of them. In spite of an alternative statutory remedy, an aggrieved person may take recour..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....ar concerned to show cause in writing, within a specified time, why the proposed action shall not be taken. The notice shall contain the allegations against the Nikah Registrar. 11. In the case in hand, we find that the notice was served upon the petitioner specifying the charge brought against h......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....gned proceeding so far as it relates to the petitioner is liable to be quashed. 8. Mr. Abdur Rezaque Khan, learned Additional Attorney-General appearing on behalf of respondent No. 3, on the other hand, submits that the present Writ petition is not maintainable and that the petitioner is a fugiti......oner not to release the consignment without having "no objection certificate" from the Bond Commissionerate and that the Assistant Commissioner duly passed necessary order in this regard. It is to be noted that the custody of the consignment in question was with the Port Authority which was to relea..Category: Criminal Law | Date: | Hits: 158
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