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M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)
....e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......vil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Surendra Kumar Sinha J M/S. Sagar Swamvar………………………….Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Fisheries and Live Stocks, Bangladesh Secretar..Category: Property Law | Date: | Hits: 34
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
.... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123....... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123....... 123...Category: Property Law | Date: | Hits: 27
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......2) 118. ..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......led offence in framing charge is illegal and trial on such a charge is without jurisdiction. In a series of decisions passed by this court as well as by the Appellate Division of the Supreme Court of Bangladesh it is held that where the scheduled and non‑scheduled offences are tried together the q..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....sion in the house which is an abandoned property. 18. In that view of the matter no question of any alleged jurisdictional fact with regard to the non-issuance of any statutory notice prior to the declaration of the building as abandoned one or enlistment of the property in 'K' list under the pro......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Ambia Khatun.............................Appellant Vs. Bangladesh and others.............Respondents Judgment August 10, 2009. Cases Referred to- ..Category: Property Law | Date: | Hits: 30
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
...., the opposite parties as plaintiffs instituted the Title Suit No. 40 of 1990 in the Court of Assistant Judge, Sadar, Noakhali, impleading the above petitioner as defendant No.1 and 19 others for the declaration of their raiyati right in the suit land because of the wrong recording of right in the n...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....tters stated in the application for Local investigation is essential and imperative in resolving the controversy and material issue involved in the suit for a decree of recovery of khas possession on declaration of plaintiff-petitioners title over property described in schedule to plaint, And (ii......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....in Civil Revision No.3535 of 2000 making the Rule absolute. 2. The facts, in short, are that the appellant is defendant No.1 in Title Suit No.249 of 1998 which was instituted by the plaintiffs for declaration that the judgment and decree passed by the learned additional Assistant Judge, 3rd Court......In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ..Category: Property Law | Date: | Hits: 39
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....e fact stated in the return and in case the return under rule 17 of Order 5 of the Code made by the process server is merely in the form of a statement without any affidavit in the form of a solemn declaration, the court would be under a legal duty to examine the process server on "oath" as to the......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147.......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147...Category: Procedural Law | Date: | Hits: 66
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....umed that the legislature which makes the law knows the law and that it also knows that no body is above the law but subject to the law. This is the essence of law of a civilized society and a solemn declaration guaranteed by our Constitution as a part of the Rule of law. Hence any sub-constitutiona......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139.......s Judge at Narail after the creation of that District and had to go around as a circuit bench hearing sessions at Narail and at Magura. That was a direction given to that court by the Government of Bangladesh. As to the "working days", in the instant case, the Sessions court at Magura could not an..Category: Criminal Law | Date: | Hits: 30
....mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136.......mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136.......e order of the respondent No. 1 dated 23.4.86 refusing to quash the said resolution.
2. The petitioner Mr. Abdus Sobhan is a Senior Advocate of the Appellate Division of the Supreme Court of Bangladesh residing at Dhaka having his village home within Kowkhali Upazilla of Pirojpur district. ..
Category: Administrative Law | Date: | Hits: 185
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......ight of all circumstances on record and a court may accept that portion of the evidence which gets support from other reliable evidence on record." The Appellate Division of the Supreme Court of Bangladesh in the case of Ekabbar Khan and others vs. The State reported in 29 DLR (AD) 221 also exp..Category: Criminal Law | Date: | Hits: 27
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......oceedings before the grant of probate.” 9. In the case of Sreemati Charubala Shen Gupta vs. Abul Hashem and others reported in 33 DLR (AD) 254, the Appellate Division of the Supreme Court of Bangladesh has held the same view. The relevant portion of the said decision reads as follows:- ..Category: Property Law | Date: | Hits: 54
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......86, 33 of 1986. Judgment Mustafa Kamal J. - These five Rules Nisi were obtained at various times by these seven Petitioners under Article 102 of the Constitution of the People's Republic of Bangladesh challenging either the second show cause notices provisionally removing them from the s..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......vocates of both the parties at length. 6. The learned Advocate, Mr Mohammed Ali, appearing on behalf of the appellant, submits that, the plaintiff-bank has an agreement signed between them and the Bangladesh Bank in respect of disbursement of 3rd IDA credit as one of the designated banks and the ..Category: Civil Law | Date: | Hits: 85
.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
......l Jurisdiction)
Present:
M Hamidul Haque J
Md. Imman Ali J
Mohammod Hossain, Advocate……. Petitioner
Vs.
Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others………… Respondents
Judgment
24 October, 2001...
Category: Anti-Corruption Laws | Date: | Hits: 178
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ...... ..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....sides. 4. As it appears the High Court Division passed the impugned judgment and order and acquitted the respondents holding that the occurrence took place on 25.9.95 and the victim made his dying declaration on 27.9.95 and ultimately died on 2.10.95 and the victim being operated on 25.9.95 remai......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ..Category: Criminal Law | Date: | Hits: 33
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......aying the proceedings should be rejected. Sub-section (1) and (2) of section 3 of the Arbitration Act are to the effect: 3. “Scope.- (1) This Act shall apply where the place of arbitration is in Bangladesh. (2) Notwithstanding anything contained in sub-section (1) of this section, the provis..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......……………………...............Petitioner Vs. Asmat Ali Hawlader and others……………………......Respondent Judgment July 30, 2008. Case Referred To- Government of Bangladesh Vs. Jalaluddin Ahmed, 37 DLR (AD) 27. Lawyers Involved: Syed Mahbubar Rahman Advoca..Category: Property Law | Date: | Hits: 30
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