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Mrs. Aruna Sen Vs. Govt. of the Peo­ple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)

....istan and others, 13 DLR (SC) 233—PLD 1961 (SC) 537, Franklin Vs. Minister of Town and Country Planning (1948) A.C. 87, Hidge Vs. Bald­win and others (1964) A.C. 40, Reg. Vs. Smith, 5 Q.B. 615, Ex parte Ramshay, 18 Q.B. 173, Osgood Vs. Nelson, L.R. 5 H.L. 636, Cooper Vs. Wands worth Board of Work......this case in­volves substantial question as to the interpreta­tion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......this case in­volves substantial question as to the interpreta­tion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..

Category: Constitutional Law | Date: | Hits: 291

Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)

....gment and order dated 26.5.2003 passed by the High Court Division in First Appeal No. 100 of 1995) Judgment SK Sinha J. - The facts out of which this appeal arose are as under: In a suit for partition the plaintiffs who are the appellants claimed that 'Ka' schedule land measuring 4.0 acres ......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ..

Category: Property Law | Date: | Hits: 127

Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)

....s directed against the judgment and decree dated 6‑3‑1990 passed by the learned Subordinate Judge, 1st Court, Mymensingh, in Money Suit No. 5 of 1988. The learned Judge decreed the suit, but only partially, and hence is this appeal by the plaintiff. 2. The plaintiff, a schedule bank, brought ...... against him, he did not lodge any appeal. Nor did any one appear on his behalf during the hearing of this appeal. 3. It has been alleged in the plaint that the defendant stood guarantor for the repayment of a loan for Taka 15,000 (fifteen thousand) the plaintiff granted to one Abdul Hai Pathan. ...... he did not lodge any appeal. Nor did any one appear on his behalf during the hearing of this appeal. 3. It has been alleged in the plaint that the defendant stood guarantor for the repayment of a loan for Taka 15,000 (fifteen thousand) the plaintiff granted to one Abdul Hai Pathan. The plaintiff..

Category: Banking Law | Date: | Hits: 215

Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)

....ted the decision reported in 3 BLC 35. 13. Learned Advocate further shows from Exhibit 10 statement under section 164 Cr.P.C. of accused appellant Sharifuddin that he was not personally present to participate in the operation as to the commission of the alleged offence with other co‑accused and...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ..

Category: Criminal Law | Date: | Hits: 42

Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)

.... Present: Gour Gopal Saha J Sk Rezowan Ali J Bangladesh House Building Finance Corporation...........................Petition Vs. Md. Abdul Hoque ...........................Opposite party Judgment December 1, 2002. Case Referred To- Hridoy Mohan Sanyal Vs. Khagendra Nat......ation of the decretal sum. While the execution case was in progress with certain adjustments recorded the petitioner and the opposite party entered into a compromise rescheduling the installment of repayment of the balance decretal amount of Taka 6,53,760.77, Monthly installment payable by the oppos......this Rule, in short, are that the petitioner instituted Miscellaneous Case No. 225 of 1991 under President’s Order No. 7 of 1973 against the opposite party for realisation of certain house building loan. The said case was allowed on 27‑9‑1993 whereupon Money Execution Case No. 88 of 1996 was s..

Category: Property Law | Date: | Hits: 91

Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)

....ditions including non payment of monthly rent as agreed in Writ Petition No. 42 of 1960, the predecessor of the appellants finding no other alternative filed an application to the respondent-opposite party No. 1, the Deputy Commissioner, Dhaka for de‑requisition of the said requisitioned Plot No. ......hly rent from the 15th month as agreed in Writ Petition to the predecessor-in-interest of the appellant-petitioners. It is stated that due to non compliance of the terms and conditions including non payment of monthly rent as agreed in Writ Petition No. 42 of 1960, the predecessor of the appellants......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..

Category: Property Law | Date: | Hits: 95

A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)

....ral—For the State. Criminal Miscellaneous Case No. 907 of 1994. Judgment Abu Sayeed Ahammed J.- This Rule has been issued calling upon the Deputy Commissioner, Thakurgaon and the opposite party No.2 and complainant to show cause as to why the proceeding of MP Case No.26 of 1993 under sec......order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395.......order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395...

Category: Criminal Law | Date: | Hits: 43

Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)

....tant Attorney-General—For the State. Criminal Miscellaneous Case No. 2327 of 1998. Judgment Md. Abdul Quddus J.- By this Rule under section 561A of the Code of Criminal Procedure opposite party was called upon to show cause as to why the proceeding of Petition Case No. 25 of 1993 under s...... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ...... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ..

Category: Criminal Law | Date: | Hits: 42

Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)

....tioners filed affidavit-in-reply to the said affidavit-in-opposition sworn on 2-3-2000. It has been categorically stated in the reply by the petitioners that petitioner No.1 never received any letter particularly Annexure-X (1) dated 30-8-98 for handing over charge. The reports as annexed in the aff......eral—For the Respondent No.5. Writ Petition No. 1092 of 1999. Judgment Md. Abdur Rashid J. - This Rule Nisi was obtained by the petitioners against the actions of the respondents stopping payment of monthly salaries and allowances of the petitioners since May, 1998. 2. The petitioners......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ..

Category: Employment/Service Law | Date: | Hits: 84

Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)

.... decree dated 4‑11‑1997 passed by the learned senior Assistant Judge, Naria, Shariatpur in Title Suit No. 2 of 1995. 2. Relevant facts, for the disposal of this in short, are that the opposite party Nos. 1 to 3 as plaintiff instituted the aforesaid suit for Specific Performance of Contract al...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ..

Category: Property Law | Date: | Hits: 84

State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)

....ry about the legal evi­dence adduced by the prosecution in sup­port of the charges against the respon­dents, the learned Attorney General frankly concedes that there are neglects and laches on the part of the investigating officers of the case such as, Sub-Inspectors Matiur Rahman, Kail Uddin and......ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ......ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ..

Category: Criminal Law | Date: | Hits: 47

Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)

....e judg­ment and order of the High Court Division has seriously affected the petitioner's reg­ulatory authority and lawful obligation. 6. It appears that the there was statutory obligation on the part of the Magistrate to discharge the accused person if he accepts the final report. While dischar...... we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53....... we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53...

Category: Criminal Law | Date: | Hits: 44

Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)

....on made out by the prosecution was non-pay­ment of bank dues by the two co-accused, who opened the L/C but in spite of series of correspondence exchanged between the bank and the importer, made only part payment and assured of further payment but did not pay off total bank dues; that in the FIR and......tation Shibgonj, Nowabgonj. The complainant Bank on receipt of shipping documents informed the accused No.1 by a letter dated-18.05.1998 and 11.06.1998 asking him to collect the shipping documents on payment of Banks dues against L/C by 18.06.1998 and 11.07.1998 but the accused No.1 by his letter da......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ..

Category: Criminal Law | Date: | Hits: 55

Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)

....s paid to the writ petitioner from 9th January, 1986 to 16th March, 2006 on the basis of the said memo No. 4P-5/76/1401/Pro: dated 20th December, 1998. 4. The High Court Division upon hearing the parties by the impugned judgment made the rule absolute and declared the deduction of Tk. 201117.7 f......rt Division erred in law in making the rule absolute in fail­ing to notice that the writ petition itself is not maintainable, inasmuch as, there is no scope to decide whether or not there was excess payment to the writ petitioner. It is further contended that the High Court Division erred in law in......vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45...

Category: Employment/Service Law | Date: | Hits: 87

District Registrar, Manikgonj Vs. Md. Shariful Islam and others, 2009, 38 CLC (AD)

.... of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 26. ...... of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 26. ...... of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 26. ..

Category: Civil Law | Date: | Hits: 106

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....f the Ain of 2009. The High Court Division observed that the learned Advocate for the petitioner had not pressed the Rule in respect of vires of the Ain of 2009 and that he had only pressed the other part of the Rule challenging the legality of the Metro Special Case No.126 of 2010 under the Ain of ......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..

Category: Civil Law | Date: | Hits: 174

Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)

....ul Mannan to check up the daily cause list carefully and to arrange for taking time as and when required. Most unfortunately, the clerk missed the list and consequently the judgment was pronounced ex parte. On 21st day of March, 2002 when the defendant-opposite parties disclosed that they got the ju......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for re­hearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for re­hearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ..

Category: Property Law | Date: | Hits: 73

Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....lared to have been made and issued without lawful authority and of no legal effect. 2. It is stated in the petition that the petitioner is the Managing Partner of Messrs Dhaka Scientific Works, a partnership firm (the firm, in short). The said firm entered into an agreement on 13‑11‑1964 wit......the respondent No. 1 that the purported agreement dated 13‑11‑1964 or on any other date about purchase of the property at 28, Hatkhola Road, Dhaka was false and a manufactured one and the alleged payment of Taka 55,000 as advance and the delivery of possession of the properties at the holding No......annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ..

Category: Business or Commercial Law | Date: | Hits: 194

Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)

....appellant has been using their marks and marketing their products in Bangladesh (formerly East Pakistan) since 5‑2‑1962 and that the mark of the appellant is not only a word mark but a label of a particular design with the word "Express" inscribed on it and the dominant feature of the mark is no......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ..

Category: Intellectual Property Law | Date: | Hits: 226

State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)

....e occurrence. 7. The learned Advocate appearing for the condemned prisoner submits that there is no legal evidence on record to substantiate the charge. He further submits that there is complete departure of the prosecution case from that of the first information report version and in that view o......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ..

Category: Criminal Law | Date: | Hits: 43