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Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

....ximpo Trading Limited…………………… Plaintiff Vs. MV Banglar Kakoli ………………………Defendants Judgment May 29, 2007. Result: The suit is dismissed without any order as to costs. Cases Referred to Trans Oceanic Steamship Co. Ltd. Vs. Adamjee Insurance Co......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..

Category: Limitation Law | Date: | Hits: 174

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....ssing the Proggapan or notice in relieving any person from his duty, or to suspend or dismiss any person it is required to issue a show cause notice. Without issuance of any show cause notice, if any order is passed, that will be violative of the principle of natural justice and as such the order ca......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..

Category: Employment/Service Law | Date: | Hits: 100

Abdul Quader Farazi Vs. Chief Election Commi­ssioner, Bangladesh & others, 1998, 27 CLC (HCD)

....ch circumstances the Election Commission being vested with the power to conduct the election peacefully, fairly and impartially, has the right to interfere with the election and cancel the result and order for re‑polling. ……………………………………(10) Case Referred to- 45 DL......dul Quader Farazi obtained this Rule calling upon the respondents to show cause as to why the order passed by the Election Commission dated 3‑2‑1998 for holding fresh poll in No.76 Uttar Lengutia Government Primary School Centre of Jangalia Union under Mehendiganj Police Station should not be de..

Category: Election Law | Date: | Hits: 591

FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)

.... — For Added Respondent no. 3. Writ Petition No. 10051 of 2006. Judgment Sheikh Abdul Awal J. - In this Rule Nisi the respondents have been called upon to show cause as to why the impugned order dated 1-10-2006 (Annexure- E) passed by respondent No. 1 rejecting the application for dismiss......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..

Category: Civil Law | Date: | Hits: 170

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....…………petitioners Vs. Bangladesh represented by Secretary, Ministry of Land ………………Respondent Judgment November 19, 2008. Result: The Rule is discharged without any order as to cost. The Tenancy Rules, 1955, rules 22-24, 31 In any mutation case, any grievance......estion. When a civil case is pending before any Court, writ petition involving the same property is not maintainable……………………………(13) Case Referred to- Faridsons Ltd. Vs. Government of Pakistan, 13 DLR (SC) 233; Nawabkhan Abbaskhan Vs. State of Gujrat, AIR 1974 (SC) 1471..

Category: Property Law | Date: | Hits: 107

Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)

....the Respondent Nos. 1 and 2.  Writ Petition No.3519 of 1997. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the Respondents to show cause as to why the impugned order dated 5.6.1996 passed against the petitioner under the signature of Respondent No.3 allegedly ...... Laksham Road, Comilla Town, Police Station-Kotwali, District-Comilla and others…………………………Respondents Judgment May 16, 2006. Result: The Rule is made absolute. The Government Servants' (Discipline and Appeal) Rules, 1985; Rule 10(8) The Inquiry Committee while ..

Category: Labour and Industrial Law | Date: | Hits: 2706

Abbas Ali and others Vs. Sharif Hossain Chowdhury and oth­ers, 2010, 39 CLC (HCD)

....s are allowed. Learned Advocates are permitted to take back all the original documents on fur­nishing authenticated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (......re not genuine, this decree prove the fact that the defendants are in possession and their khatians were prepared legally as that have not been cancelled and the defendants are paying rents and other Government taxes and rev­enue regularly. ………………………(16) Statements of written s..

Category: Property Law | Date: | Hits: 80

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....r vindictive or a product of imagination. Court, also, must be satisfied that deceased was in a fit state of mind and body to speak and had opportunity to observe and identify the assailant. Court in order to satisfy whether the deceased was in a fit mental condition to make dying declaration looks ......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....eral with Md. Ashaque Momin, Assistant Attorney-General - For the State.  Criminal Appeal No.1491 of 1991. Judgment M Enayetur Rahim J.- This appeal is directed against the Judgment and order of conviction and sentence dated 29-8-1991 passed by the Special Tribunal No.1, Panchagarh in ......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..

Category: Criminal Law | Date: | Hits: 84

Md. Ismail Vs. State, 2012, 41 CLC (HCD)

....minal Procedure, 1898 (Act No. V of 1898); section 561A   Whether the inherent power under section 561A of the Code of Criminal procedure can be exercised in setting aside the Judgment and order of the Additional Metropolitan Sessions Judge   The inherent power of the High Cour......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..

Category: Procedural Law | Date: | Hits: 94

Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)

....nal Revision No.257 of 1987) Vs. The State......,.................................Opposite Party Judgment July 27, 1989. Result: Both the Rules are made ab­solute Judgments and orders of conviction and sentence are set aside. The Penal Code,1860 (XLV of 1860); Sections 463...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds im­mediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..

Category: Procedural Law | Date: | Hits: 111

AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

....Section 2 (f) and 3 Presence of a specific criminal case against the detenu for de­tention When there is a specific case against the detenue and the same is the subject matter of the detention order, he shall be released…………………(5) Whether in a spe­cific case where general la......st the detenu and as such the same is not warranted under preventive detention. 3. A counter affidavit has been filed by an As­sistant Secretary, Security Section of the Ministry of Home Affairs, Government of Bangladesh admit­ting that the criminal case is pending against the pe­titioner in S..

Category: Criminal Law | Date: | Hits: 66

Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)

....Rule under section 115(1) of the Code of Civil Procedure 1908, dated 18-8-2009, issued at the instance of the plaintiff appellant petitioner Syed Ghulam Shahriar, is directed against the Judgment and order dated 23-7-2009 passed by the learned Joint District Judge, Sylhet (in charge) in Miscellaneou...... judgment and order passed by the Courts below strenuously argued that the pre-emptors were not the owner of the contiguous land since the land in SA Plot No.407 and SA Plot No.408 is intervened by a Government road and, as such, there was no contiguity in between the land owned by the pre-emptor an..

Category: Property Law | Date: | Hits: 88

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....r Nos. 2678 of 2005, 3797/2003, 6971/2004, 6262/2005, 1512-13 of 2006. Judgment MA Rashid J. - The above Rules Nisi except the one in Writ Petition No. 1513 of 2006 were issued against a common order dated 10-2-2003 passed by the Appeal Officer under rule 31 of the Tenancy Rules, 1955 hereinaf......rt Division (Special Original Jurisdiction) Present: MA Rashid J   Md. Ashfaqul Islam J Romisa Khanam …………………Petitioners Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respondent..

Category: Property Law | Date: | Hits: 120

State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....4 of the Penal Code and sentenced them to suffer rigorous imprisonment for life and in view of this sentence no separate sentence was passed against them under section 144 of the Penal Code. 7. In order to appreciate the judgment of conviction and sentence, we intend to discuss the evidence insof......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..

Category: Criminal Law | Date: | Hits: 110

Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)

.... Awami League and other allied organisations, debarring voters from casting votes in favour of the Awami League candidate. Subsequently an application was made in this regard to amend the petition in order to incorporate the complicity of the Respondent in restraining the voters from voting. That ap...... and others, 18 DLR 198; Maran Monad and others Vs. Assistant Custodian of Vested & Non-Resident Properties (L&B) and others, 3 MLR 18; Islamic Republic of Pakistan through Defence Secretary, Government of Pakistan Karachi Vs. Nazar Din Khattak & Sons, 21 PLD (Peshawar) 313; Harish Chand..

Category: Election Law | Date: | Hits: 300

Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....zzaman, Advocate-on-Record—For the Respondent Nos.1-7. Md. Zaimd Abedin, Advocate-on-Record—For Respondent No.8. Civil Petition for Leave to Appeal No.625 of 2009. (From the judgment and order dated 1st June, 2008 passed by the High Court Division in Writ Petition No.4764 of 2006). O......t: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aminur Rashid Chowdhury………………………………………….Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 2012. ..

Category: Civil Law | Date: | Hits: 182

Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)

.... No.804 and registered exchange deed bearing No.3628 dated 16.11.99 as not being acted upon and not binding upon him, since he is not a party to the aforesaid deeds. Mr. Islam further submits that in order to succeed in the suit, the plaintiff is required to prove that he is a co-sharer in the undiv......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..

Category: Property Law | Date: | Hits: 132

Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)

....Criminal Revision No.595 of 2009. Judgment Naima Haider J.- This Criminal Revision under section 439 read with section 435 of the Code of Criminal Procedure is directed against the Judgment and order dated 01.12.2008 passed by the learned Sessions Judge, Lakshmipur in Criminal Appeal No.37 of ...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ..

Category: Criminal Law | Date: | Hits: 91

Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

....f the Act and defined in section 2 (ga) and (gha) of দক্ষতা ও শৃংখলা অধ্যাদেশ are wide enough to include the allegations like sexual abuse/harassment. But in order to ensure an independent enquiry, it must be conducted by a committee as defined in the guidel......ent. But in order to ensure an independent enquiry, it must be conducted by a committee as defined in the guidelines laid down in the case of Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh and Others in Writ Petition No.5916 of 2008. Guideline -9 (a)..........

Category: Employment/Service Law | Date: | Hits: 169