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Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)

....ions Nos. 30 & 31 of 1982). Rabeya Bhuiyan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Petitioner (In Civil Petition No. 9 of 1981). Khandker Mahbubuddin Ahmed, Senior Ad­vocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Petitioner (In Civi......logic that the law declared by either the High Court Division or the Appel­late Division, being binding upon all Courts subordinate to them and it being incumbent upon all authorities, Executive and Judicial, to act in aid of the Supreme Court, will remain effective and be enforceable under the new......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..

Category: Constitutional Law | Date: | Hits: 181

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

....scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......st was made by the officer-in-charge, Md. Manirul Islam. 3. On the basis of the said ejahar Boalia Police Station Case No.13 dated 13.11.98 was started. 4. After investigation the Investigating Officer submitted charge sheet against the convict appellants. 5. In order to substantiate the al..

Category: Criminal Law | Date: | Hits: 68

Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)

....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ...... section 16(2). It, however, transpired that sales of Til oil and Linseed oil had escaped assessment in the original assessment made on 31-12-58. This mistake, first, which according to the Sales Tax Officer was ap­parent from the records and a letter was issued on 25th August, 1962 proposing recti..

Category: Fiscal/Taxation Law | Date: | Hits: 77

Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)

....ar Vs. Subdrajan, 30 Madras, 535; Mathura Vs. Ram Charan, 37 Allahabad, 208; Dhonai Sikder Vs. Tarak Nath, 12 CLJ, 53; Abdul Jalil Bhuiyan Vs. Majibar, 12 DLR 581. Lawyers Involved: S.R. Paul, Senior Advocate instructed by Abu Bakkar, Advocate-on-Record - For the Appellant. M.C. Rabbabi,......r would be determination of the merits of the controversy between the parties. In 28 CWN 795 this point has been dealt with exhaustively. 14. The High Court of Calcutta, Allaha­bad, Nagpur and Judicial Court of Oudh have held that where an appeal is preferred from an ex parte decree and the ...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..

Category: Procedural Law | Date: | Hits: 80

Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)

....................Petitioner Vs. Bangladesh and others......................................................Respondents Judgment July 12, 2009. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate with Subrata Chowdhury, Advocates instructed by Sufia Khatun, Advocate-on-Record—F...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..

Category: Property Law | Date: | Hits: 126

Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)

.... 2259; Syam Sunder Vs. Ram Kumer, AIR 2001 SC 2472; MKD Rozario Vs. Hassan Movies, 41 DLR (AD) 135; Kalu Mondal Vs. Begum Fazilatun Nessa, 46 DLR (AD) 53. Lawyers Involved: Harendra Nath Nandi, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For the Appellants. Ex-Par......in existence of a given fact ought to proceed upon grounds, altogeth­er independent of the relation of the fact to the object and nature of the proceeding in which its existence is to be determined. Judicial decisions must proceed upon imperfect materials and must be made at the risk of error. The ......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..

Category: Tenancy Law | Date: | Hits: 210

Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)

....he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..

Category: Business or Commercial Law | Date: | Hits: 190

Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)

....nd the AGM for the year 1998-1999 by preparing the correct voters list by 30th July 2000 and submit report (Annexure ‘B’). While necessary preparations for holding the election were underway, the Senior Vice-President, Mr. Saifuzzaman Chowdhury repeatedly kept demanding that the petitioner shoul...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..

Category: Others | Date: | Hits: 123

Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)

....the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ...... as there was no bar in law for extending the time of registration of the registered graduates. 12. The election result were unofficially declared by the Pro-Vice-Chancellor, who was the Presiding Officer at the TSC centre, on 18-6-99 at about 8-00 AM and thereafter the official result was signed..

Category: Election Law | Date: | Hits: 105

Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)

....actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......s he did not keep the commitment, rather brought a counter-claim against the plaintiff on false pretext. 4. On 8.1.1988 the Master-in-charge of the plaintiff’s Tanker T-1049 lodged G.D. with the Officer-in-Charge, Bandar Police Station, Chittagong and the Director General, Department of Shippin..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)

.... March 1, 2010. Result: That the suit be decreed in part with cost. Case Referred to- M/S Shahnaj Traders Vs. MV SLETTER and others, 7 BLT (AD) 381. Lawyers Involved: Dr. M. Zahir, Senior Advocate with Izaz Rahman, Advocate - For the Plaintiff. Fida M. Kamal, Senior Advocate w......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 178

Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)

....the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......nd the victim surrendered before the court below, but by the order dated 8.6.2010 the learned Magistrate took custody to accused Mustafizar Rahman along with the victim and the victim was sent to the Judicial Custody. Thereafter the petitioner filed this application under section 491 of the Code of ......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 57

Md. Saidul Islam and others Vs. State, 2011, 40 CLC (HCD)

....tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ......No. 149 of 2010 arising out of G.R. Case No. 132 of 2009 corresponding to Jhaldhaka P.S. Case No. 06 dated 19.12.2009 under section 302/34 of the Penal Code, now pending in the court of learned Chief Judicial Magistrate, Nilphamari. 2. The petitioners were brought to the trial under section 302/3......he FIR, relevant documents annexed to the application for bail and the impugned order. 5. In view of the submission of the learned advocate for the petitioners to the effect that the Investigation Officer could not conclude the further investigation, we are of the view that justice would be met i..

Category: Criminal Law | Date: | Hits: 71

Mizanur Rahman Vs. State, 2011, 40 CLC (HCD)

.... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......sed petitioner should not be enlarged on bail in G.R. Case No. 10 of 2010 arising out of Karanigonj P.S. Case No.10 dated 12.01.2010 under section 302/34/307 of the Penal Code, now pending before the Judicial Magistrate Court No. 3 and Amoli Adalat, Dhaka. 2. The petitioner was brought to the tri...... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 67

Gias Uddin Vs. State, 2011, 40 CLC (HCD)

....make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......not be enlarged on bail in G.R. Case No.25 of 2010 (Chandina) arising out of Chandina P.S. Case No.06 dated 12.02.10 under section 395/397 of the Penal Code, now pending in the Court of learned Chief Judicial Magistrate, Comilla. 2. The petitioner was brought to the trial under section 395/397 of......make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 58

Jamsher Ali Vs. State, 2011, 40 CLC (HCD)

....to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ld not be enlarged on bail in G.R. Case No.12 of 2008 arising out of Chatmohar P.S. Case No.3 dated 22.2.2008 under section 143/447/323/325/302/34 of the Penal Code, now pending in the Court of Chief Judicial Magistrate, Pabna. 2. The petitioner was brought to the trial in a case under sections 1......to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 63

Shahadat Hossen Vs. State, 2011, 40 CLC (HCD)

....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 66

Md. Fazlar Rahman @ Major Vs. State, 2011, 40 CLC (HCD)

....y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 60

Ershad Vs. State, 2011, 40 CLC (HCD)

....ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in:   ......se No.191 of 2010 corresponding to Golapgonj P.S. Case No.25 dated 26.06.2010 under sections 143/447/341/ 323/324 /326/307/379/427/114 of the Penal Code, now pending in the Court of the learned Chief Judicial Magistrate, Sylhet. 2. Prosecution case in short is that one Md. Joynal Abedin lodged an......ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in:   ..

Category: Criminal Law | Date: | Hits: 53

Pacific Marine Service NOBPAC Ship Management Ltd. Vs. M.V.C UTOPIA , 2010, 39 CLC (HCD)

....tagong…………….Plaintiff Vs. M.V.C UTOPIA (IMO No. 8500496) now lying at Chittagong Port and others....Defendants Judgment January 28, 2010. Lawyers Involved Dr. M. Zahir, Senior Advocate-For the Defendant Nos.1, 2, and 4. Admiralty Suit No. 49 of 2009. Judgment ......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:..

Category: Admiralty Law or Maritime Law | Date: | Hits: 191