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BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....e is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......hiv Sagar Tiwari Vs. Union of India, (1997) 1 SCC 444; Ahmedabad Municipal Corporation Vs. Nawab Khan Gulab Khan, (1997) 11 SCC 121; JP Ravidas Vs. Navyuvak Haijan Uthapan Multi Unit Industrial Co-op Society Ltd, AIR 1996 SC 2151; UP Avas Evam Vikas Parishad Vs. Friends Coop Housing Society Ltd, AIR......slam, Advocate-For Respondent No. 12. Writ Petition No. 5915 of 2005 Judgment SM Ziaul Karim J.- This Rule Nisi was issued, calling upon the respondents to show cause as to why threatening for eviction of the petitioner Nos. 2-5 and thousand other slum dwellers from their peaceful possess...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...

Category: Constitutional Law | Date: | Hits: 171

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....ly educated lady who is a journalist by profession. Not only that she is a newscaster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she ...... Judicial Committee. In this connection we may also refer to Robinson Vs. Minister of Town and Country Planning, (1947) KB 702, Liversidge Vs. Anderson, (1942) AC 206, Copyright Owners Reproduction Society Limited Vs. EMI (Australia) Pvt. Limited, ((1958) 100 CLR 597. Adegbenro Vs. Akintola, (19......e did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything that is published in the newspaper. So, she is also equally guilty of contempt of C......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ..

Category: Criminal Law | Date: | Hits: 130

National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)

....tion agreement. In support of his submissions, he cites the decision in the case of Novelty Cinema, Lyallpur Vs. Firdaus Films and another PLD 1958 (WP) Lahore 208 and that of British Airways PLC Vs. Bangladesh Air Services Pvt. 47 DLR 544. 6. Mr. Faizul Kabir, learned Advocate for the opposite p......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......de of Civil Procedure against an order dated 19-11-1998 passed by Subordinate Judge 5th Court, Dhaka in Arbitration Miscellaneous Case No. 16 of 1998 by which an arbitrator was appointed by the Court for each of the parties. 2. Opposite party, the contractor, made an application under section 8(2......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ..

Category: Alternative Dispute Resolution | Date: | Hits: 186

Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)

....he claim on account of loss due to fall in price of rice with the inflow of new crop could not be proved by any cogent evidence either oral or documentary. The price index of Consumers Association of Bangladesh Exhibit ‘Y’ which appears to be a Photostat copy cannot be accepted as valid evidence......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......h with SK Siddique, Md. Al Amin Sarker Advocates—For the Defendants. Admiralty Suit No. 11 of 1995. Judgment Md. Awlad Ali J.- The plaintiff has brought the suit claiming Taka 25,22,897.91 for damages and late delivery of cargo. Initially, the plaintiff laid the claim for Taka 45,00,962.0......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 214

North South Property Development Ltd. Vs. Secretary, Ministry of Land and another, 1999, 28 CLC (HCD)

....f the project proposal and lay plan on 8-11-97 (Annexure-C). Thereafter, petitioner had discussion with an American Investment Company about the project and representative of the said Company visited Bangladesh and agreed to invest in the said project and gave an undertaking on 5-8-98 to that effect......n the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 7.......awful authority and of no legal effect. Case of the petitioner is that the respondent No.1 decided to undertake a project to develop 47.90 acres of land in Bhasantek area under Dhaka in Cantonment PS for rehabilitation and housing of slum dwellers and low income group people. Petitioner had discussi......n the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 7...

Category: Civil Law | Date: | Hits: 92

Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)

....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5....... against order dated 14-05-98 passed by the Subordinate Judge, First Court, Brahmanbaria in Title Appeal No. 21 of 1985. By the impugned order the Appellate Court accepted the written statement filed for the first time in the appeal by the opposite parties No.1 and 2 who were originally impleaded as......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5...

Category: Procedural Law | Date: | Hits: 66

Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Anwar Karim and others.............................. Petitioner Vs. Bangladesh Bank and others …………………………..Respondents Judgment June 2, 1999. ......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......m and Afzal Karim as well as Focus Fashion Limited, calling upon the respondent Nos.1-3 to show cause as to why inclusion of the names of the petitioner Nos.1 and 2 as defaulters in the CIB (Credit Information Bureau) report of Bangladesh Bank for the liability of the respondent No.5, Jaba Textile M......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ..

Category: Banking Law | Date: | Hits: 121

Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)

....mited Company is engaged in the business of Manufacturing Mosquito Coil under the contracts of manufacture signed between the petitioner and the brand owners of the products namely Reckitt and Colman Bangladesh Limited, as well as for itself. The petitioner is also registered as manufacturer under t......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ...... business of Manufacturing Mosquito Coil under the contracts of manufacture signed between the petitioner and the brand owners of the products namely Reckitt and Colman Bangladesh Limited, as well as for itself. The petitioner is also registered as manufacturer under the relevant provision of the Va......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh and others Vs. Md. Jahangir Ali and Another, 2001, 30 CLC (HCD)

....his Case is also Reported in: 53 DLR (2001) 365.......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365.......e, Sadar, Kurigram in Other Class Suit No.68 of 1992. When the Civil Revision was filed there was delay of 1320 days, as such the petitioner filed an application under section 5 of the Limitation Act for condonation of delay. Accordingly a Rule was issued calling upon plaintiff-respondent-opposite p......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365...

Category: Procedural Law | Date: | Hits: 88

Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)

....sions of the learned lower court and we find that the learned lower court took final decision on octroi Rules basing 2(i) (f) as well as Exhibit 9 a letter of LGRD Ministry of the Peoples Republic of Bangladesh and also relied upon a letter dated 9-3-1979 of the Divisional Commissioner, Khulna (Exhi......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368....... Third Court of Subordinate Judge, Dhaka against the defendant appellants the Meghna Petroleum Marketing Company Limited having its Head office at Ispahani Building, 14-15 Motijheel, Dhaka and others for a decree of accounting how much petroleum were imported by them within Khulna Pourashava during ......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368...

Category: Fiscal/Taxation Law | Date: | Hits: 91

Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)

....s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605....... instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record- For respondent No. 1. Not represent­ed-respondent Nos. 2-8. Civil Petition for Leave to Appeal No. 692 of 2009. (From the Judgment and Order dated 10th August, 2008 passed ......s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605...

Category: Property Law | Date: | Hits: 27

Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)

.... 598.......ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......7, 2010. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instruct­ed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 54 of 2009. (From the judgment and order dated the 16th day of June, 2008......ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598...

Category: Property Law | Date: | Hits: 31

Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)

....d in: VII ADC (2010) 587....... is condoned. Preparation of the paper book is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional ground. Ed. This Case is also Reported in: VII ADC (2010) 587.......sain, Advocate-on-Record- For the Petitioner. Abul Kalam Moinuddin, Advocate, instructed by Md. Nurul Islam Bhuiyan-For Respondent No.1. Not Represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2042 of 2009. (From the judgment and order dated 12.5.2008 passed by the ...... is condoned. Preparation of the paper book is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional ground. Ed. This Case is also Reported in: VII ADC (2010) 587...

Category: Limitation Law | Date: | Hits: 149

Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)

....l) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Gazipur Razzakia Janakallyan High School……………..Petitioner Vs. Govt. of Bangladesh…………...........Respondent Judgment January 4, 2010. Lawyers Involved: ...... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ...... 4, 2010. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No.1963 of 2009. (From the Judgment and order dated 5th August, 2009 of a Sin...... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ..

Category: Property Law | Date: | Hits: 26

Kanal Chandra Das being dead his heirs; Reba Rani and oth­ers Vs. Sree Nripendra Chandra Mandal and others, 2010, 39 CLC (AD)

.... 2008 passed by the High Court Division in Civil Revision No.1576 of 2003). Order Mohammad Fazlul Karim J.- This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and order dated the 13th day of October, 2008 passed b......o prepare paper books out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 577. ......s. Horendra Nath Nondi, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record- For Respondent Nos. 1, 3 and 7-11. Not represented- Respondent Nos. 2, 4-6 and 12-53. Civil Petition for Leave to Appeal No.63 of 2009. (From the judgment and order dated the 13th day of October, 20......o prepare paper books out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 577. ..

Category: Property Law | Date: | Hits: 58

Mst. Komla Begum and another Vs. Md. Shahab Ali and others, 2010, 39 CLC (AD)

....ituted Tile Suit No.199 of 1977 in the 1st Court of Munsif, Magura, which was subse­quently transferred to the Munsif Court of Sreepur Upazila and was renumbered as Title Suit No.425 of 1983 against Bangladesh and others. The suit was for declaration of title and confirmation of possession alleging......gment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 557. ......¦â€¦â€¦â€¦........Respondents Order March 15, 2010. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.285 of 2009. (From the judgment and order dated 09.07.2008 passed by the H......gment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 557. ..

Category: Property Law | Date: | Hits: 28

Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)

.... ......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: VII ADC (2010) 552. ......te-on-Record-For the Petitioners. Md. Nurul Amin, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not rep­resented- Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 2087 of 2007. (From the judgment and order dated the 2nd day of August, 2......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: VII ADC (2010) 552. ..

Category: Property Law | Date: | Hits: 23

Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)

....ion has been filed. 7. Mr. Masood R. Sobhan, the learned Advocate appearing on behalf of the petitioners, submits inter-alia that the suit property is an abandoned property and it was published in Bangladesh Gazette in 'Ka' list of the abandoned properties in 1986, that besides, the power of atto......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......e, instruct­ed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.1521 of 2009. (From the Judgment and order dated 28.05.2009 passed by the ......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545...

Category: Property Law | Date: | Hits: 21

Faustina Pereira Vs. State, 2001, 30 CLC (HCD)

....er appears that the Ministry of Home Affairs, also made contact with the Tanzanian Embassy regarding repatriation of 2(two) Tanzanian Prisoners. As regards 10(ten) prisoners of Myanmar, Government of Bangladesh has not yet taken any step and, as such, no contact was made with the Embassy of Myanmar ......ensure their safely and security after their release and for the purpose, the Government may consider making contact with Human Rights bodies or any International body such as International Red Cross Society or United Nations Commission for Refugee Rehabilitation, the International Organisation for ......¦â€¦â€¦â€¦â€¦.Petitioner Vs. State……………………………………Opposite Parties. Judgement May 22, 2001. Lawyers Involved: Nizamul Haque with Faustina Pereira Advocates- for the Petitioner. M Faruque, Assistant Attorney General with Md. Fazlul Haque Choudhury, Assist......rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414...

Category: Constitutional Law | Date: | Hits: 123

Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)

....reme Court High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Zinat Ara J Md. Abid Khan and others ..........…Petitioners Vs. The Government of Bangladesh and others ...........…Respondents Judgment May 5, 2003. Result: The Rule ......squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ......rs under the laws of Bangladeshi. But in the electoral rolls prepared and published on 27.5.2001 by Election Commission, there were not included. So they submitted separate applications in prescribed forms for enrollment as voters. They also personally approached respondents Nos.2 and 4 who verbally......squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ..

Category: Election Law | Date: | Hits: 94