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Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)

....suit between the same parties the Magistrate acted without jurisdiction in initiating the impugned proceeding under section 145, CrPC. Having gone through the said decision we find that the underline principle on which both High Court and Appellate Division acted in that particular case is that over......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. ...... February 24, 2008. Result: The Rule is made absolute Cases Referred to- Nagendra Chandra Barker Vs. Aftabuddin, 44 DLR (AD) 355; Abul Bashar Vs. Hasan Uddin Ahmed, 51 DLR (AD) 14 Lawyers Involved: M Hafizullah with Md. Al-Amin Sarker and Md. Ohiullah, Advocates - For the Peti..

Category: Criminal Law | Date: | Hits: 70

Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)

.... same accused persons against whom the police has already submitted charge sheet is not meant. In the case of State Vs. Abul Quashem 27 DLR 342, it has been observed:- “We are not aware of any "principle of law" under which an investigation which has resulted in submission of a charge-sheet ag......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. ......ies Judgment October 6, 1983. Result: The Rule is discharged. Cases Reffered to- The State Vs. Abul Quasem, 27 DLR 342; Wazir Vs. The State, PLD 1962 W.P 405; 14 DLB (Lahore) 21. Lawyers Involved: Khan Saifur Rahman with A.K.M Aminul Islam with Mostafa Neaz Mohanimed—For th..

Category: Criminal Law | Date: | Hits: 93

Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)

....r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......hers........................Opposite parties Judgment January 24, 1984. Result: The Rule is discharged. Case referred to- Md. Khorshed Alam Vs. Amir Sultan Ali Haider, 21 DLR 799 Lawyers Involved: Md. Jamiruddin Sircar with Md. Asaduzzaman, Nazrul Islam & Enamul Haque—F..

Category: Trust/Waqf Law | Date: | Hits: 121

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. ......, 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. ...... Ltd, represented by Manager, Lakshmipur Branch, Lakshmipur and others.........................................Opposite parties Judgment April 27, 2010. Result: The Rule is discharged. Lawyers Involved: Khair Ezaz Maswood, Advocate-For the petitioner.     &..

Category: Civil Law | Date: | Hits: 176

Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)

....itional District Judge and another for theJoint Registrar, Divisional Co­operative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ......itional District Judge and another for theJoint Registrar, Divisional Co­operative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ......A Matin..........................Petitioner Vs. Gaosul Azam Bachchu, Vice President and others.......Opposite parties Judgment October 6, 2010. Result: The Rule is made absolute. Lawyers Involved: Md. Abdur Rahman Howlader, Advocate-For the petitioner.    ..

Category: Others | Date: | Hits: 140

Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)

....uded, Civil Courts have jurisdiction to examine the cases as to whether the provisions of an Act have not been complied with or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure. 5. However it appears from the application for rejection of pla......edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......)……………………………Petitioner Vs. Abdus Sobhan Talukder……………………………….Opposite Party Judgment June 11, 1996. Result: The Rule is discharged. Lawyers Involved: Md. Awlad Ali, Advocate ‑ For the Petitioner. No one ‑ For the Opposite ..

Category: Trust/Waqf Law | Date: | Hits: 131

State Vs. Mesbahuddin, 1996, 25 CLC (HCD)

....tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......……………………………….Respondent Judgment January 31, 1996. Result: The reference is rejected. The Criminal Appeal No.1064/92 and Jail Appeal No.823/93 are allowed. Lawyers Involved: Abdul Malek with Imman Ali and AHM Musifiqur Rahman, Advocates ‑ For the Appe..

Category: Criminal Law | Date: | Hits: 87

United Edible Oils Limited and another Vs. London Steam Ship Owners Mutual Insurance Association Ltd. and others, 2008, 37 CLC (HCD)

....etween a guarantor, a creditor and the principal debtor. It has also been argued at length that the issuance of the two letter of guarantee are not necessarily in con­flict with the "pay to be paid" principle for the simple reason that these operate within sepa­rate conceptual and functional spher......s. London and St. Katherine Docks Company, (1877) 5 Ch. D 195, 200; M/s M. M. Ispahani Ltd. Vs. Sonali Bank and others, 1984 BLD AD 242; Sonali Bank Vs. Hare Krishna Das and others, 49 DLR (HCD) 282; International Finance Investment and Commerce Bank Ltd. Vs. Chittagong Steel Mills Limited and anoth......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Defendants Judgment October 26, 2008. Result: The Applications are dismissed. Case Referred to- ‘The Fanti' and ‘The Padre Island’, (1990) 2 Lloyd's Law Report 191; Imperial Bank Vs. London and St. Katherine Docks Company, (1877) 5 Ch. D 195, 200; M..

Category: Admiralty Law or Maritime Law | Date: | Hits: 512

GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)

....d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is reject­ed. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is reject­ed. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......tinental Traders BD Ltd. and others…………………………Respondents Judgment January 14, 2010. Result: The application is reject­ed. Case Referred to- SONIA, 1983 2 Lloyds Law Report 63. Lawyers Involved: Ajmalul Hossain, QC - For the Plaintiff Petitioner.  ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 320

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

....dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ......y the Bar Standards Board. She was further advised to contact the University of Manchester regarding the authenticity of the Certificates provided by the Respondent No.5 and when contacted the Senior International Officer of the University of Manchester confirmed that the said University had no agre......ry of Education and others …………. Respondents Judgment May 24 and 25, 2012. Result: The Rule is made absolute in part along with all the aforesaid observations and directions. Lawyers involved: Manzil Murshid, Advocate-For the Petitioner. Ms. Kazi Zinat Huq Deputy Atto..

Category: Others | Date: | Hits: 146

Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)

.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......d to- Lal Miah (Hajee) Vs. Nurul Amin and others, 57 DLR (AD) 64; Shanai Bibi being dead here heirs: Mohammad Azim and others Vs. Nur Islam being dead his heirs, Doly Islam and other 4 BLC 195. Lawyers Involved: Nurul Amin, Advocate with Md. Humayun Kabir, Advocate - For the Appellant. ..

Category: Property Law | Date: | Hits: 134

Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)

....r arriving at a correct decision on fram­ing specific issues by the trial Court. 48. In the case of Nurunnessa and others Vs. Mohibuddin Chowdhury and others, 49 DLR, 234, it has been held settle principle of law is that in deciding the question as to whether the plaint should be rejected the Co......o pro­ceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ...... Meenakshi Mills Ltd. Vs. Commissioner of Income-Tax, Madras, AIR 1957 SC 49, at page 58; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216. Lawyers Involved: Md. Aminul Islam, Advocate for Omar Sadat, Advocate - For the Appellant.  ..

Category: Civil Law | Date: | Hits: 200

Md. Bachhu Vs. State, 2009, 38 CLC (HCD)

....nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......e absolute. Cases Referred to- Abdul Quader Chowdhury and others Vs. the State, 28 DLR (AD) 38; Ghulam Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317; Gianchand Vs. State, 1968 Pakistan Criminal Law Journal (SC) 764; R.P. Kapur Vs. State of Punjab, AIR 1960 (SC) 866; M.S. Khawaja Vs. State, 17 ..

Category: Criminal Law | Date: | Hits: 115

M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)

....mad Kamal Vs. Ahmed Ali and others reported in 87 IC (1925)-746 and other case is Gajanan Chintaman Deshpande and others Vs. Karnatak Glass Industries and others reported in AIR 1971 Mysore, 241. The principle enunciated there is that the decree holders right to apply to make the preliminary decree ......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......918 Patna 41; 30 D.L.R. 424; Cawnpore Municipal Board Vs. Pt. Tirjugi Narain, A.I.R. 1947 Allahabad 82 (D.B); Bhajanmal Topandas and others Vs. Tikam das Thakurdas and others, A.I.R. 1947 Sind 12. Lawyers Involved: A.F.M. Mesbahuddin with A.K.M. Asiful Haque - For petitioners. Md. Harunur R..

Category: Limitation Law | Date: | Hits: 162

Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......(1973) 2 SCR 541 = (AIR) 1973 (SC) 947; Sunil Batra Vs. Delhi Administration, AIR 1980 (SC) 1579; AIR 1978 (SC) 1579; D. Bhuvan Mohan Patnaik Vs. State of A.P. (1975) 2 SCR 24; (AIR 1974 SC 2002). Lawyers Involved: Md. Nizamul Huq with Abu Obaidur Rahman Dr. Faustina Pereira, Kowsar Ahmed, Hus..

Category: Constitutional Law | Date: | Hits: 219

Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)

....cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......, 2009. Result: The rule is disposed of. Cases Referred to- Golam Murtaza Bhuiyan Vs. Bangladesh, 48 DLR (AD) 47; Abdul Awsal Talukder Vs. Bangladesh, 9 MLR (AD) 219 = 9 BLC (AD) 112. Lawyers Involved: M Zahir with Mustaque Ahmed Chowdhury and Shah Muhammad Ezaz Rahman, Advocates ..

Category: Property Law | Date: | Hits: 130

Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)

....there is no express provision permitting such party to prefer an appeal against such an Order. This omission, however, cannot be understood to amount to prohibition. The Court ought not to act on the principle that every procedure is to be taken a prohibited unless it is expressly provided for." ......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ...... The Rule is made absolute. Case Referred to- MH Saya & Co. Vs. Wazir Ali Industries, 21 DLR (SC) 50; Abdul Qadir Vs. Abdul Majid, 1984 PLD (SC) 166;49 DLR (AD) 151, PLD 1984 (SC) 166. Lawyers Involved: AFM Mesbahuddin with Minhazul Hoque Chowdhury, Advocates—For the Petitioner. ..

Category: Property Law | Date: | Hits: 117

Aung Shwe Prue Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....tter that the ruling Bohmong nominated his successor at the time of his investiture and, as such, Government informed the Bohmong chief that such nomination was not acceptable and after examining the principles of succession of Bohmongship informed the Divisional Commissioner that fitness and age ra......order to interfere with the same. In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 217. ......€¦â€¦â€¦â€¦â€¦Petitioner Vs. Government of the People's Republic of Bangladesh and others………………Respondents Judgment January 12, 1997. Result: The Rule is discharged. Lawyers Involved: Khandker Mahbubuddin Ahmed with SM Moonsir, Advocates ‑ For the Petitioner. ..

Category: Civil Law | Date: | Hits: 185

Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)

.... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......ferred to- Ahmed Hussain Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162; Government of Bangladesh, represented by the Secretary, Ministry of Works Vs. Chand Mia, 12 BLD (AD) 48 = 44 DLR (AD) 98. Lawyers Involved: Md. Kalim Ullah Mazumder, Advocate - For the Petitioner.  Moulavi Md. W..

Category: Property Law | Date: | Hits: 138

Chandra Banu wife of Lalu Mallick Vs. State and an­other, 1982, 11 CLC (HCD)

....Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......ick………………………Appellant Vs. The State and an­other…………………….Respondent Judgment August 25, 1982. Result: The Rule is made absolute with direction. Lawyers Involved: SK. Atiar Rahman - For the Petitioners. Moazzem Hossain, Deputy Attorney Ge..

Category: Criminal Law | Date: | Hits: 94