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Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....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) 332.......No.3 contested the suit by filing written statement denying all the material allegations of the plaint contending, inter alia, that the defendant No.3 did not go to the plaintiff-Bank at any point of time, neither he mortgaged his property nor he became guarantor for anybody whatsoever; that some of......m other defendant Nos. 1-2 in accordance with law. 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) 332.......m other defendant Nos. 1-2 in accordance with law. 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) 332...

Category: Procedural Law | Date: | Hits: 107

Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)

......Petitioner Vs. Al-haj Syedur Rahman Molla and another..............Opposite parties Judgment October 13, 2009. Result: The Rule is disposed. Case Referred to- Md. Osman Vs. Fatema Khatoon and others, 41 DLR 270; Sheik Mohd. Salimullah Vs. Shafiqul Alam, 43 DLR 113; Rabeya K...... month of July, 2005 was tendered the opposite parties refused to accept on 7.8.2005 and then again he requested the opposite parties to accept the rent for the month of July, 2005 on 27.8.2005, this time also they refused to accept. Then the petitioner sent the rent for the month of July, 2005 to t......irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342...

Category: Property Law | Date: | Hits: 105

Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)

....r at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ...... 1. The due repayment of principal, and payment of interest to the Fund on the Loan, and of all other charges or any other payment which may become due to the Fund under this Agreement shall at all times be adequately and unconditionally guaranteed by the LP. A format of the Corporate Guarantee Ag......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....osts.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......d of no legal effect and why the respondents should not be directed to regu­larize the service of the petitioners in Biman pur­suant to the recommendations of various inquiry committees formed from time to time with all Biman service facilities and allowances including retirement benefits and/or s...... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ...... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..

Category: Employment/Service Law | Date: | Hits: 145

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....t Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J AB Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina..................Accused-Petitioner Vs. State and another..................................................Opposite-Parties Judgment M......as fields to be marginal and non-producing Gas Fields. With evil design and scheme, discovered and virgin gas field has been shown as marginal and abandoned gas field in the said proposal. In the meantime one Kashem Sharif, a close relative of the Secretary, Ministry of Energy and Mineral Resources,......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ..

Category: Criminal Law | Date: | Hits: 126

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

....y opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......qf Estate. Thus the Administrator was required to determine the compe­tency amongst the two claimants in terms of the Waqfnama, to fill up the vacancy caused by the death of Moyna Miah. In the mean­time Dudu Miah, a brother of Mohammad Anwar Hossain sent a petition to the Administrator supporting ...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108...

Category: Trust/Waqf Law | Date: | Hits: 188

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong & others, 1989, 18 CLC (HCD)

....ion………………………Petitioner Vs. Registrar of Trade Unions, Chittagong & others.......................Opposite Parties Judgment January 30, 1989. Result: The application is allowed on contest and order of ad-interim injunction is set aside. Lawyers Involved: ......t. The present Rule and the order of ad interim in­junction passed by this Court on 23.11.88 arise out of the said order. 4. In this application the petitioner stated that before expiry of the time allowed to the Registrar of the Trade Union under section 8 of the Industrial Re­lations Ordin......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262.......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262...

Category: Labour and Industrial Law | Date: | Hits: 203

Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)

....nt Petitioner Vs. M.H. Azad..........................Accused opposite Party Judgment February 9, 1989. Result: The Rule is discharged. Cases Referred to- Hari Meah Vs. The State, 11 DLR (S.C) page 368; A.K. Khan and others Vs. The Chairman; Second Labour Court of E. Pak (No......took the view that the decision of the Labour Court, Rajshahi was final and it is beyond the scope of the High Court to look into the legality of the said decision of the Labour Court but at the same time the High Court Division exonerated the Managing Di­rector from the proceedings and quashed it.......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is dis­charged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is dis­charged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ..

Category: Labour and Industrial Law | Date: | Hits: 177

Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)

....herefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......amely the Sessions Judge's Court, Dhaka and on that complaint cognizance was taken by the said Drug Court. 9. It is not disputed by the prosecution wit­nesses in Court that the prosecution at the time of making the complaint or at the time of taking cogni­zance taken by the Drug Court had not b......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ..

Category: Criminal Law | Date: | Hits: 83

Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)

....g in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ......f land out of C.S. plot No.1566 comprising a total area of 2.30 acres. One Chandra Mondal was the original owner of the suit plot who sold it to Rahim Box Bepari and Rahim Box pos­sessed it for some time and after his death his heirs by registered kabala dated 24.4.67 sold .13 decimals of land out ......ocate for the plaintiff for filing before the appropriate Court. Thereafter the plaintiff filed Title Suit No.515 of 1987 in the Court of the Subordinate Judge, Dhaka for declaration of his title and recovery of khas pos­session. The plaint case is that the suit land measur­ing .13 decimals of lan......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ..

Category: Procedural Law | Date: | Hits: 82

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....etitioner (In Writ Petition No. 998 of 1994) Sekandar Ali Mondol.................Petitioner (In Writ Petition No. 1576 of 1994) Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Develop­ment and Flood Control, Government of the People's Republic of Bangladesh, and......its habitats. To compensate, the project is implementing a Community Wet-land Conservation Programme in 3 Beel areas, namely, Jugini, Bara and Garindha Beels. It is stated, further, that since a long time, a good many Water Development Projects have been implemented in the country and no where there......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ..

Category: Environmental Law | Date: | Hits: 1051

Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)

.... Habibur Rahman Khan……………Appellant Vs. Nurul Islam Khan……………Respondent Judgment November 11, 1997. Result: The appeal is allowed. Case Referred to- Shirkat‑i‑Ahbab Vs. National Bank of Pakistan, 21 DLR (SC) 275. Lawyers Involved: Md. Waliul Is......ng of the plaintiffs application for appointment of a receiver and defendant’s application for rejection of the plaint under Order 7, rule 11 of the Code of Civil Procedure adding: “In the meantime cargo coaster named MV Ishrat Khan is attached.” It is against this order dated 12-9-96 at......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ..

Category: Civil Law | Date: | Hits: 65

Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)

....ople’s Republic of Bangladesh and others……………Respondents Judgment August 20, 1997. Result: The Rules are discharged. Cases Referred to- Bangladesh Small Industries Corporation Limited Vs. Mokbul Hossain Chowdhury, 29 DLR (SC) 41; Kazi Md. Amirul Islam Vs. Secretary, Min......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ..

Category: Civil Law | Date: | Hits: 90

State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)

....d. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......th sentence cannot be awarded to him as there is evidence of quarrel between the victim and the accused which resulted in the occurrence and the accused being an immature young man of 20 years at the time of occurrence he deserved leniency in awarding sentence. Learned Sessions Judge on considera......y raised by P.W.2 saw the dead body lying in the courtyard of the informant with cut throat injuries and heard about the occurrence from P.W.2 in the manner, stated by her. P.Ws. 10 and 13 proved the recovery and seizure of broken pieces of glass, hashua and blood stained earth from the place of occ......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ..

Category: Criminal Law | Date: | Hits: 72

Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)

.... another……………………Opposite Parties Judgment August 6, 1997. Result: The Rule is discharged. Lawyers Involved: Khondker Mahbubuddin Ahmed with Anowarul Azim Khair, Advocates - For the Petitioner. Md. Azizul Hoque, Advocate - For the Opposite Party Nos. 1-2. Civil......d Rent Controller, Dhaka by depositing the rent with effect from August, 1989 alleging, inter alia, that the landlord, landlady (his full sister) did not collect rent for the month of August, 1989 in time and also did not give them the receipts against payment of rent for the months of April to July......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ..

Category: Property Law | Date: | Hits: 64

GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)

....…Plaintiff Vs. MV Hawai Splendour & Others………………………………………………………………Defendants Judgment August 22, 1996. Result: Both the applications are disposed of. Lawyers Involved: M Hafizullah with SK Sarker, Advocates -For the Plai...... such the vessel had to stop the engines immediately and completely. The port anchor was dropped, and the anchor ball and the signal that the vessel was not under command were duly displayed. At that time the vessel Mauro D'Alesio was found about one mile away, approaching to pick up the pilot. The ...... vessel MV Hawai Splendour against the MV Mauro D'Alesio and others as defendants. 7. As a result the said collision both ships have suffered damages and the aforesaid Admiralty Suits are for the recovery of damages and compensation from each other by the respective ship owners. 8. Admiralty ......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122...

Category: Admiralty Law or Maritime Law | Date: | Hits: 353

Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)

....: The Rules are made absolute. Cases Referred to- Hali Mandal and another Vs. Khirode Bala Debya, 12 DLR 74; Labbu Ram; Anantalal Daga and others Vs. Devi Prasad Pandey and others, AIR 1959 Patna 258; HB Darber Al Bhai Vajsurbhai and others Vs. Bhura Bhaya and others, AIR 1937 Bombay 401; M......Meher Ullah, Jalima Bibi, Maremchand Bibi, Ramid Ullah, Majjob Ullah,Najabat Bibi and heirs of Abul Hossain and Ajmot Ullah who are co‑sharers of the said holding were left out. As they appeared in time and prayed for pre‑emption in time, their prayer for pre-emption may be allowed on receipt of......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...

Category: Procedural Law | Date: | Hits: 70

M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)

.... Mahmudul Amin Choudhury J M Bazlur Rahman Talukder J M R Sikder………………………………………………………………………………….Petitioner Vs. Bangladesh Water Development Board…………………………………….Opposite Party Judgment May 2......e furnishing of the security and they authorised the Chairman so execute the bond on behalf of the Board. From this we are convinced that Mr. M Majidul Islam the Chairman of the Board at the relevant time was authorised to execute the security on behalf of the Board and he was fully competent to exe......obligation by him under the award. 8. According to the opposite party they have furnished proper security as required under of the Arbitration Act. This amended provision is meant for assuring the recovery of the award money if the objection is rejected against the award. Admittedly the word secu......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)

....……………………………………………Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat Dhaka and ors…………….Respondents Judgment July 22, 1996. Result: The Rule is ...... was asked to produce his documents on 24-7-95. Petitioner stated in paragraph 4 of the petition that in compliance with the said notice he appeared before the respondent No.4 and obtained 15 days’ time and thereafter filed this case. On going through the said notice we find that there is no refer...... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ...... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ..

Category: Criminal Law | Date: | Hits: 60

Jobon Nahar and others Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others, 1996, 25 CLC (HCD)

....s. Bangladesh, 46 DLR 130; Abul Ala Moududi Vs. West Pakistan 17 DLR (SC) 209; Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, 44 DLR (AD) 140. Lawyers Involved: Khalilur Rahman, Advocate–For the petitioner. Bazlur Rahman Chhana, Assistant Attorney-General‑For the Respondents.......no such notice was issued and served upon either the predecessor of the petitioners or the petitioners, as a result they were not aware of inclusion of the case property in the ‘kha’ list. By the time they came to know about the inclusion of the case property in the ‘kha’ list, more than 108......96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect. Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ......96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect. Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ..

Category: Limitation Law | Date: | Hits: 175