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

....……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 Party. Civil Revision No.......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. ......sion No.1359 of 1989. Judgment Md. Gholam Rabbani J.- This Rule obtained by the defendant No.3 in Tide Suit No.142 of 1989 of the 1st Court of Subordinate Judge, Barisal, is directed against an order dated 3‑10‑89 rejecting this defendant's application filed under Order 7, rule 11, CPC pra......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. ..

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

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

..... while the informant Shafiqul Islam was talking with some persons at the Purinda Bazar, a bus came from Dhaka and stopped before them and the driver and conductor of the bus informed that a dacoity had been committed in Mini Bus No. Dhaka Metro Gha‑6862 and that they told them to block the road i......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 Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn.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. ......on accused Mesbahuddin, the jail appeal preferred by the condemned prisoner being Jail Appeal No.823/93 and the Criminal Appeal being Criminal Appeal No.1064/92 Preferred by accused Arzan against the order of conviction and sentence passed by the Additional Sessions Judge, Narayangonj in Sessions Ca......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 Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn.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. ..

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)

....da) and others………………………………………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 Co......2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 59. ...... all, P. & I. clubs contain what is commonly called a "pay to be paid" provision. That is a provision, capable of being expressed in a variety of different terms which stipulates that a member in order to be entitled to an indemnity in respect of liabilities or expenses incurred by him, must fir......2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 59. ..

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)

....his 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. ......ir duly authorized agents pro-forma defendant No.2, listed in the schedule of the plaint and also for compensation at the sum of US dollar 335,034/08 equivalent to BD Tk. 2,31,17,351/52 along with an interim prayer for issuance of injunction restraining the defendant from disposing off those con­ta......No.1 Continental Traders (BD) Ltd. along with the proforma defendant No.2 EP Carrier PTE. Ltd. and proforma defendant No.3 Eagle Corporation PTE Limited praying for a decree (wrongly mentioned for an order) for the immediate return of the containers, 311 piece in quantum, owned by the plaintiff GE S......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. ..

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)

....d in: ......ority and is not recognized by the U.K. Department of Business, Innovation and Skills. 8. The Respondent No.1 in its Affidavit-in-Opposition has stated that after receiving a copy of the Rule and interim order of this Court it constituted a committee to monitor the educational institutions of th...... respondents to prepare a guide line for controlling the fraud purported by unauthorized educational institutions in the pretext of providing foreign law degrees and and/or pass such other or further order or orders as this Court may seem fit and proper. This is a public interest litigation. ......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: ..

Category: Others | Date: | Hits: 146

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

....urt 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. ......zim and others Vs. Nur Islam being dead his heirs, Doly Islam and other 4 BLC 195, where it has been held that burden of proof is the obligation to adduce evidence to the satisfaction of the Court in order to establish the existence or non-existence of the a fact contended by a party. The provision ...... 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. ..

Category: Property Law | Date: | Hits: 134

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

....rds at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......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. ......Contract executed by respondent-defendant No.1, G. Morshed Reza for selling the suit property described in the schedule to the plaint. In the suit, defendant No.1 appeared and filed application under order VII rule 11 of the Code of Civil Procedure for rejection of the plaint. In the application it ......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. ..

Category: Civil Law | Date: | Hits: 200

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

....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. ......nbsp; Criminal Miscellaneous Case No.11765 of 2007. Judgment AFM Abdur Rahman J.- This Rule issued, under Section 561A of the Code of Criminal Procedure, is directed against the judgment and order of conviction and sen­tence dated 11.10.2006, passed by the learned Special Tribunal No.4, Fe......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. ..

Category: Criminal Law | Date: | Hits: 115

STS Holding Limited (Apollo Hospitals, Dhaka) Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)

....dvocate - For the Petitioners.  Writ Petition No. 6668 of 2008. Order ABM Khairul Haque J.- This is an application under Article 102 of the Constitution of the People's Republic of Bangladesh. 2. In this application, the refusal of exam­ination of tax under the provisions of the SR......der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A). In the result, this application is sum­marily rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 4. ......gust 28, 2008. Result: The application is sum­marily rejected. Mere keeping 10% of the total number of beds in the hospital for the poor is not enough to get the statutory tax exemption. In order to get the tax exemption under the provisions of the SRO No.180-Ain/99 dated 1.7.1999, this is......der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A). In the result, this application is sum­marily rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 4. ..

Category: Fiscal/Taxation Law | Date: | Hits: 237

Shamsuzzaman Vs. State and others, 2007, 36 CLC (HCD)

....sed the petition including the order dated 27.2.2007 passed by the learned Metropolitan Sessions Judge along with the Judgment of the learned Metropolitan Magistrate, Dhaka in view of the submission made by the learned Advocate, we think that it would be just and proper if the learned Metropolitan s......tion is accordingly disposed of. Let a copy of the order be sent to the learned Metropolitan Sessions Judge, Dhaka for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 98. ......in Metro-Sessions Appeal No.177 of 2007 now pending in the Court of Metro-Sessions Judge, Dhaka. 2. The learned Advocate submits that the learned Metropolitan magistrate, Dhaka by his Judgment and order dated 28.12.2006 convicted the appellant petitioner under section 420 of the Penal Code and se......tion is accordingly disposed of. Let a copy of the order be sent to the learned Metropolitan Sessions Judge, Dhaka for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 98. ..

Category: Criminal Law | Date: | Hits: 106

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

....ase there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......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. ...... Mesbahuddin with A.K.M. Asiful Haque - For petitioners. Md. Harunur Rashid - For the respondent No.2. Writ Petition No.3707 of 2003. Judgment Md. Awlad Ali J.- This Rule arises out of an order dated 24.4.2003 passed by the Joint District Judge and First Artha Rin Adalat, Dhaka allowing ......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. ..

Category: Limitation Law | Date: | Hits: 162

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

.... (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Md. Rezaul Haque J Ain-O-Salish Kendro (ASK)………………………………Petitioner Vs. Government of Bangladesh and others……………………………………Respondents Judgment April 19, 26, 2......ths without any interval whatsoever till filing of the instant writ petition on 04.06.1997 and it transpires further, that the fetters continued to hang on Fazlu Miah until a separate application for interim order was filed on behalf of the petitioner before this Court on 21.01.1998 on which date a ......the continued res­traint of Fazlu alias Hafizur Rahman alias Happy in bar fetters should not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. During pendency of the afores......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. ..

Category: Constitutional Law | Date: | Hits: 219

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

....(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. ...... in the schedule on which No.5 Union Parishad Complex Bhaban is to be constructed. 4. Facts of both the writ petitions are more of less the same which, in brief, are as under: The Government in order to strengthen the Union Parishads all over the country and for rendering service to the people......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. ..

Category: Property Law | Date: | Hits: 130

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

....Ismail Hossain (Md.)...............................Petitioner Vs. Shakhina and others..............................Opposite-Parties Judgment February 2, 2012. Result: The Rule is made absolute. Case Referred to- MH Saya & Co. Vs. Wazir Ali Industries, 21 DLR (SC) 50; Ab......H Saya & Co. Vs. Wazir Ali Industries reported in 21 DLR (SC) 50, wherein it has been held that:— "There can be no dispute that the only party which was adversely affected by the Order of ad-interim injunction was respon­dent No.1. We are satisfied that Saya & Co. deliberately omitted ......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. ......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. ..

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)

....er 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. ......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. ......nment being biased in favour of the respondent No.4 without assigning any reason for not accepting the recommendation in favour of the petitioner and, as such, acted illegally in passing the impugned order. 8. Mr. KM Saifuddin Ahmed, learned Deputy Attorney‑General appearing for the respondent ......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. ..

Category: Civil Law | Date: | Hits: 185

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

..........Opposite-Parties Judgment February 23, 2009. Result: The rule is discharged. Cases Referred 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) 9...... 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. ......osite Party.  Civil Revision Case No.2869 of 2004. Judgment AFM Ali Asgar J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 29-5-2000 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Miscellaneous App...... 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. ..

Category: Property Law | Date: | Hits: 138

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

.... Chandra Banu wife of Lalu Mallick………………………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. Moa......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. ......- For the Petitioners. Moazzem Hossain, Deputy Attorney General - For the State.  Criminal Revision No. 387 of 1979. Judgment Abdur Rahman Chowdhury J.- This Rule is directed against an order passed by the Additional Sessions Judge, Patuakhali, affirm­ing the order of the Sub-Division......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. ..

Category: Criminal Law | Date: | Hits: 94

Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)

.... Mostafa Chowdhury & another......................Petitioners Vs. State & another........................Opposite-parties Judgment October 31, 1982. Result: The Rules are made absolute. Cases Referred to- Bhuban Mohen Das Vs. Surendrd Mohan Das, 55 C.W.N. 541; Abdul......e and the respective proceedings qua­shed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ...... said amount. Upon such allegations, the Sub-Divisional Magis­trate examined the complainant and issued warrant of arrest against the accused-peti­tioners under section 406 of the Penal Code by his order dated 25.10.79. 3. In C.R. Case No.1830 of 1979 (Crl. Revision No.202/1980) the complainan......e and the respective proceedings qua­shed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ..

Category: Criminal Law | Date: | Hits: 87

Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Plaintiff Opposite Party Judgment March 7, 2005. Result: The Rule is discharged. Lawyers Involved: Md. Khurshid Alam Khan - For the Petitioner. Md. Sajjad Ali Chowdhury - For the Opposite Party. Civil Revision No.859 of 2002. Judgment Shahidul....... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ......firming the Judgment and decree dated 30.4.2001 by the Family Court, Kishoreganj, Nilphamari, in Family Suit No.21 of 1999 decreeing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The Opposite Party as Plaintiff inst....... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ..

Category: Family Law | Date: | Hits: 224

International Finance Investment and Commerce Bank Limited Vs. M/S. Marinar Fashions Wear Pvt. Ltd. and others, 2005, 34 CLC (HCD)

.... allowed but without any order as costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 425. ......ing police force and other measures as provided in the Code. In the result, this appeal is allowed but without any order as costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 425. ...... Zafor Ali Khan, Advocate - For the Appellant. None - For the Respondent. First Miscellaneous Appeal No.177 of 2004. Judgment ABM Khairul Haque J.- This appeal arises in respect of the an order dated 5.4.2004 passed by the Judge, Artha Rin Adalat No.3, Dhaka, in Artha Rin Execution Case ......ing police force and other measures as provided in the Code. In the result, this appeal is allowed but without any order as costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 425. ..

Category: Civil Law | Date: | Hits: 208