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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. ......e petition, should not be declared illegal and without any lawful authority and/or pass such other order or orders as to this court may seem fit and proper. 2. In short, the case of the petitioner for the purpose of disposal of this Rule is as follows:- 3. The Respondent No.2 & 3 borrowed ......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. ......sain Khan Vs. Government of the People's Republic of Bangladesh,     represented by the Secretary, Ministry of Finance & others, 61 DLR (AD) 92; Toufiqul Islam Vs. Ministry of Law, Justice and Parliamentary Affairs passed in Writ Petition No.10286 of 2008; Humayun Hossain Kha..

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. ......17.9.2003 passed by the learned Joint District Judge, 3rd Court Dhaka in Title Suit No.149 of 2002 rejecting the plaint of the suit. 2. The plaintiff-appellant instituted Title Suit No.149 of 2002 for declaration that he is the owner of the suit property and that the defendant wife is his benamda...... 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. ....... Salahuddin Khan, 37 DLR 117; Amalendu Majumder Vs. Selimuzzaman, 39 DLR 140; Doly Enterprise Vs. Additional District Judge, 59 DLR 37; Nurjahan Begum Vs. Mahmudur Rahman Mullick, 34 DLR (AD) 61. Lawyers Involved: Mahmudul Islam with Probir Neogi - For the Appellant.  Abdul Wudud Bhui..

Category: Property Law | Date: | Hits: 134

People's Republic of Bangladesh Vs. Chairman, Court of Settle­ment and others, 1996, 25 CLC (HCD)

....on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......ed calling upon the respondents to show cause at to why the impugned Judgment and order dated 31‑12‑1988 (Annexure‑A) passed by the respondent No.1 in case No.750 of 1988 shall not be set aside for having been passed without jurisdiction, without lawful authority. 2. The case of the petitio......on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......……Petitioner Vs. Chairman, Court of Settle­ment and others…………………………………………Respondents Judgment June 24, 1996. Result: The Rule is discharged. Lawyers Involved: Kaiseruddin Ahmed, Deputy Attorney‑General with Mir Hashmat Ali, Assistant At..

Category: Property Law | Date: | Hits: 113

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. .......- This Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause why pending disposal of GR Case No.2923 of 1996 arising out of Dhanmondi P.S. Case No.10(10)96 which is now pending before the learned Sessions Judge, Dhaka as Sessions Case No.319 of 1997 accused‑petitioner Mrs. Job......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. ......bsolute. Cases Referred to- Lutfun Nahar Begum Vs. State, 27 DLR (AD) 29; Amir Hossain Howlader & ors Vs. the State, 37 DLR (AD) 139; Abdul Hakim and others Vs. State, 1987 BCR (AD) 143. Lawyers Involved: Mahbubur Rahman with Farah Mahbub, Advocates ‑ For the Petitioner. K.S. Na..

Category: Criminal Law | Date: | Hits: 82

Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)

....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......ndanagouda Neelangouda 29 DLR page 239; 28 DLR page 421; Fakhruddin Mia and another Vs. Mohammad Khodabaksh Shaikh. Lawyers Involved: M. Latifur Rahman—For the Appellant. A. K. Badrul Hug for Syed Mokaddas Ali— For the Respondents. Second Appeal No.457 of 1964. Judgment Abdul ......n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......thers AIR 1960, 29 DLR page 6; AIR Mysore page 260(1977; Ramappa Gudadapa Vs. Chandanagouda Neelangouda 29 DLR page 239; 28 DLR page 421; Fakhruddin Mia and another Vs. Mohammad Khodabaksh Shaikh. Lawyers Involved: M. Latifur Rahman—For the Appellant. A. K. Badrul Hug for Syed Mokaddas A..

Category: Procedural Law | Date: | Hits: 81

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. ......oards, under the Works Programme and it arises out of a judgment of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed O.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, Mymensingh for 3 declarations: (1) that the office Memo. dated 09.11.1973 transferring him from his post of Acc......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. ......ossain Chowdhury,29 DLR (S.C.)41; Bang­ladesh Biman Corporation Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305; 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T. H. Khan with M. A. Wahab Miah-For the Appellant. B. B. Roy Choudhury with..

Category: Employment/Service Law | Date: | Hits: 120

Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)

....ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......twali Police Station Case No.39 dated 17.12.2004, under sec­tions 406/409/420 of the Penal Code, pending in the Court of Senior Special Judge, Sylhet, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of IFIC Bank Tultik......ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......bsp; Abdur Rahim Vs. State 48 DLR (AD) 167; Tareque Rahman Vs. Government of Bangladesh, 63 DLR (AD) 18; Abdus Salam Master Vs. State, 36 DLR (AD) 58; Mahbubur Rahman Vs. The State, 44 DLR 342. Lawyers Involved: ASM Ahdul Mubin, Advocate-For the petitioner.   Md. Khurshid Alam..

Category: Criminal Law | Date: | Hits: 85

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 State Defence.   Death Reference No.159 of 2005. Judgment Bhabani Prasad Singha J.- This Death Reference has been made by the learned Judge, Druta Bichar Tribunal No.3, Dhaka for confirmation of the death sentence imposed upon the con­demned-accused Golam Sarwar Hossain Moi......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. ...... affirmed. Cases Referred to- Siddique Munshi Vs. State, 44 DLR (AD) 169; Gouranga Kumar Saha Vs. State, 2 BLC (AD) 126; Ilias Hossain Vs. State, 54 DLR (AD) 78; 12 MLR (AD) 101; 45 DLR 705. Lawyers Involved:  Zahirul Haque Zahir, Deputy Attorney General with Md. Jashimuddin, Assist..

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. ......suance of the Rule directed the parties to maintain status quo in respect of position, posses­sion, nature and character of the prop­erty in question till disposal of the rule. 3. Facts relevant for disposal of the Rule are that the opposite party No.1 as plaintiff has instituted Other Suit No.......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. ......nt-Appellant-Petitioner Vs. Mohammad Fazle Moubin Faruki and others..........Plaintiff-Respondent-Opposite Parties Judgment November 11, 2010. Result: The Rule is made absolute. Lawyers Involved: Md. Helaluddin Mollah with Md. Khorshed Mia and Md. Shahjahan Kabir Md. Mizanur..

Category: Civil Law | Date: | Hits: 115

M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)

....ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ........Appellants Vs. Bangladesh and another………………………………..Respondents Judgment July 15, 2009. Result: The appeal is allowed. Lawyers Involved: Md. Ohiullah for M. Hafizullah, Advocate-For the appellants.   Not represented-For the respondents.......ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ......n Lines and another……………..Appellants Vs. Bangladesh and another………………………………..Respondents Judgment July 15, 2009. Result: The appeal is allowed. Lawyers Involved: Md. Ohiullah for M. Hafizullah, Advocate-For the appellants.   No..

Category: Admiralty Law or Maritime Law | Date: | Hits: 570

Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)

....o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......nt and order dated 25-06-2007 passed by Special Tribunal No.5, Kushtia convicting the peti­tioner under section 25B of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 6 years and to pay fine of taka 1,000/- in default of payment of fine to suffer 3 months more in......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......rty Judgment February 24, 2011 Result: The rule is discharged. Cases Referred to-  Jahangir Alam Vs. State, 56 DLR (AD) 200 and 17; Sobhan Munshi Vs. State, 15 MLR (HCD) 37. Lawyers Involved: None Appear- For the Petitioner      Dr. M. Bashirullah,..

Category: Criminal Law | Date: | Hits: 104

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. ......nbsp; Company Matter No.43 of 2007. Judgment Zubayer Rahman Chowdhury J.- This is an application under section 241 read with section 242 and 245 of the Companies Act, 1994 (briefly, the Act) for winding up of respondent No.1 Vantage International Limited. 2. The petitioner Cathay Pacific......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. ......412; Eastern Bank Ltd Vs. Bengal Carpet Ltd., 17 BLD (1997) 22; Amin Scales Ltd. Vs. Md. Yakub, 1987 BLD (AD) 259; Electro Flame Ltd Vs. Mittal Iron Foundry Pvt. Ltd, (1998) 93 Companies Case 420. Lawyers Involved:  Dr. Sharif Bhuiyan, Advocate with Ms. Karishma Jahan Advocate -For the Pe..

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. ......M Abdur Rahman J.- By this application/ preferred under the provision of Order 7 Rule 11 read with section 151 of Code of Civil Procedure, 1908, the defen­dant Niko Resources (Bangladesh) Ltd. prays for rejection of the plaint on the facts and circumstances stated therein. 2. So far the grounds ......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. ......mmercial union assurance Company Ltd., (1943) KB 161; St. John Pilot Commissioners Vs. Cumberland Ry and coal Co.,(1910) AC 208; European and Australian Royal mail Vs. P & O, (1866) 14 LT 704. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate-For the plaintiff. Tanjib-ul-Alam, Advoca..

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. ......use as to why the impugned Order No.19 dated 22.02.2010 passed by the learned Joint District Judge, 4th Court, Dhaka in Money Suit No.11 of 2007 should not be set-aside. 2. The brief fact relevant for disposal of this Rule is that the sole opposite party as plaintiff instituted a suit being Money......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. ......tional Ltd.......Defendant-petitioner Vs. Md. Monowar Hossain..................................Plaintiff-opposite party Judgment January 20, 2011. Result: The Rule is discharged. Lawyers Involved:  Abdul Khaleque, Advocate-For the petitioner.   Golam Mohiud..

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. ......1500 of 1980. Judgment Abdur Rahman Chowdhury J.- While con­curring with the Judgment just delivered by my learned brother I would like to add a few words of my own. Here is a case which has unfortunately been dealt with by the Administrator of Wakf and the learned District Judge more on surm......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. ...... rule is made ab­solute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers United Grain & Fodder Agen­cies, 16 DLR (SC) 155. Lawyers Involved: Abdur Rahman Biswas with Sk. Atiar Rahman - For the Petitioner.  Habibu..

Category: Trust/Waqf Law | Date: | Hits: 124

Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)

....of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ...... - For the Petitioner. Abdul Wadud Bhuiyan, Additional Attorney-General - For the State.  Criminal Revision No.110 of 1983. Order Mustafa Kamal J.-This application u/s. 561A Cr.P.C. for quashing the proceeding in Kotwali P.S. Case No.42(5) 82 u/s. 436/511 of the Penal Code now pend......of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ......others……………………………Accused Petitioners Vs. State………………………………Opposite Party Judgment May 4, 1983. Result: The application is rejected. Lawyers Involved:  ASM Lutful Karim - For the Petitioner. Abdul Wadud Bhuiyan, Additiona..

Category: Procedural Law | Date: | Hits: 123

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. ...... 1995. Result: The company, Air Route Service Limited is hereby wound up with immediate effect and the Official Receiver of the Government is hereby appointed as the Official Liquidator of the aforesaid Company. Cases Referred to- Molla Abdulla Bhai Vs. Saria Rope Mills Ltd., PLD 1971 Ka......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. ......ment Bank of Pakistan Vs. Sattar & Sons Ltd., 22 DLR (1970) 170; BRTC Vs. Ashraf Jute Mills Ltd., 10 BLD 344; National Bank of Pakistan Vs. Punjab National Silk Mills Ltd., PLD 190 Lahore 194. Lawyers Involved: Rokanuddin Mahmud, with Murad Reza, Raja Devasish Roy, Advocates ‑ For the Pe..

Category: Company Law | Date: | Hits: 145

Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)

.... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......gment and order dated 27.9.95 passed by the learned Subordinate Judge, First Court, Dhaka in Title Suit No.205 of 1995. The learned Subordinate Judge by the said order rejected the appellant's prayer for injunction. 2. The short fact leading to this appeal is, that the present appellant as plaint...... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......pash Chandra and others, 83 CWN 293; Ujjal Talukdar Vs. Netai Chand Koby, AIR 1969 (Cal.) 224; Cat. Pauper Vs. Wood & others, 1910 Appeal Cases 404; Dawkins Vs. Antrobus & others, All England Law Reports Reprint 1881‑1885 page 126; Bashir Ahmed Vs. Bangladesh Jute Mills Corporation & o..

Category: Others | Date: | Hits: 154

Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)

....oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ...... opposite parties 1 and 2 as plaintiffs instituted Partition Suit No.150 of 1964 in the 3rd Court of Munsif, Comilla against the present petitioners and others and the same was decreed in preliminary form on 13‑6‑67 and thereafter final decree was passed on 10‑11‑87 which was subsequently se......oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ......€¦â€¦â€¦â€¦â€¦.Opposite Parties Judgment July 16, 1995. Result: The Rule is made absolute. Case Referred to- Abdur Rahman & ors. Vs. Sultan @ Sultan and ors, 35 DLR (AD) 51. Lawyers Involved: Syed Mahmud Hossain with Shahana Hoque, Advocates ‑ For the Petitioner. Md..

Category: Procedural Law | Date: | Hits: 112

Abdur Rahman Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1997, 26 CLC (HCD)

....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. ......ot be declared to have been passed without any lawful authority and to be of no legal effect. 2. The Petitioner Abdur Rahman has filed this application stating that one Monsur Ali lodged a first information report on 20‑1‑82 against 22 accused persons including the petitioner alleging, inter ......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 16‑2‑83 passed...... Ram Milen Vs. Bonsilal, AIR 1958 (Madhya Pradesh) 203; Helaluddin Ahmed alias Swapan Vs. Bangladesh, 45 DLR (AD) 1; Kh. Ehteshamuddin Ahmed alias Iqbal Vs. Bangladesh and others, 33 DLR (AD) 154. Lawyers Involved: M M Hyder Ali with Haroon‑ar‑Rashid, Biswajit Roy, B Chakrabortty and Reba ..

Category: Constitutional Law | Date: | Hits: 259