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Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......e Privy Council in the well known, case of Secretary of State Vs. Mask, AIR 1940 PC 105, an argument has, however, been attempted to be made from the side of the plaintiff opposite party that even if jurisdiction is expressly excluded under the said provision of section 45, the Civil Courts are comp..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....d by any law either expressly or impliedly. 13. The learned Judges of the High Court Division rejected the application for amendment of the plaint on the view that the amendment, if allowed, would totally change the nature and character of the suit. The learned Judges of the High Court Division...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......ong with the other issues. The learned District Judge affirmed the order of the learned Joint District Judge with the observation that if the plaint was not properly signed or verified, the Court had jurisdiction to allow the plaintiff to remove the defect at a later stage. The District Judge also o..Category: Civil Law | Date: | Hits: 86
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......re personally liable for the damage caused to the coaster MV Zahirabad, but they were not properly made parties in the suit. They were not given notice to their address in the foreign country. In the absence of the defendant Nos.1 and 2 a decree by this Court cannot be passed. Had the defendant Nos.......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ...... Mr. Nurul Islam Chowdhury, the learned Advocate appearing for the accused‑petitioners, submitted that the impugned order is illegal in as much as the learned Additional Sessions Judge exceeded his jurisdiction in directing the Magistrate to hold judicial inquiry while ordering further inquiry in ..Category: Criminal Law | Date: | Hits: 78
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
....der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29.......der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29.......der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29...Category: Procedural Law | Date: | Hits: 51
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28...Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
.... the 12th May, 1967 and the said property being Enemy Property thereafter vested in the Government as per PO 29 of 1972. Thereafter, the Government of Bangladesh vide letter dated 10.7.73 sold Out in total 175 jute godown including the suit godown and 14 jute press houses to the Jute Trading Corpora......l misconception of law; therefore it is liable to be set aside. In elaborating this point further he has submitted that the plaintiff having no prima facie case even for a temporary injunction in the absence of any document showing prima facie title of the plaintiff in the suit, the plaintiff was no......f mandatory injunction without invoking the provision of appeal as laid down in the special statute itself namely, Ordinance No. 24 of 1970 and therefore, the order of mandatory injunction is without jurisdiction and ab initio void and therefore need be set aside. 11. Mr. Md. Nurul Huq, the learn..Category: Property Law | Date: | Hits: 389
Abdul Jabbar Vs. State and Pradip Kumar Biswas, 1991, 20 CLC (HCD)
....he criminal case pending against the petitioner for four weeks only from 14.11.90 and came to a finding that four weeks is over and fixed 20.1.90 for further steps. It is alleged that this is done in total violation of the stay of the proceeding ordered by this Court in that criminal revision. 4.......opy of this order to Mr. Shafiqul Islam, Chief Metropolitan Magistrate, and Khulna immediately for his future guidance and instructions. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 21.......opy of this order to Mr. Shafiqul Islam, Chief Metropolitan Magistrate, and Khulna immediately for his future guidance and instructions. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 21...Category: Criminal Law | Date: | Hits: 84
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
.... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....rs, AIR 1975 (SC) 2145 has been stated in paragraph 5 that in order to substantiate a right to obtain a writ prohibition from a High Court (or from the Supreme Court), an applicant has to demonstrate total absence of jurisdiction to proceed on the part of the officer or authority complained against.......1 transferred the case to the Special Tribunal No.3‑Cum Additional Sessions Judge, 2nd Court. On receipt of the case the Special Tribunal No.3 decided to hold trial of the accused petitioner in his absence and accordingly on 7.5.91 framed the following charge against the accused petitioner: য......ention order has been made has absconded or is concealing himself so that the order cannot be executed, it or he may. (a) make a report in writing of fact to a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of ..Category: Criminal Law | Date: | Hits: 88
Mustafizur Rahman @ Mustak Vs. State, 2011, 40 CLC (HCD)
....t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... the prosecution story. 17. In that view of the matter, we find that the prosecution could not produce any corroborative witness to prove the charge levelled against the accused petitioner. In the absence of local witness the whole recovery of the alleged arms or the alleged recovery appears to b......t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Md. Mahmudur Rahman alias Rasel and others Vs. State, 2011, 40 CLC (HCD)
....e and reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......e and reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......e and reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 71
Md. Rahim Biswas Vs. State, 2011, 40 CLC (HCD)
..../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ....../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ....../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 67
Md. Ismail and others Vs. State, 2011, 40 CLC (HCD)
....rgone with fine as stated above. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......rgone with fine as stated above. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......rgone with fine as stated above. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 77
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
....2 at 10:30 a.m. and FIR was lodged on the same day at 23:45 p.m. The victim died on 13.8.1992 at 7:00 a.m. and inquest report was prepared on the same date at 12 noon. He submits that the prosecution totally failed to prove the case beyond reasonable doubt particularly in respect of place, time and ...... such no reliance can be put on the said declaration. 29. It is also surprising why the father, wife and step brothers of the victim did not come to the court to support the prosecution story. The absence of these closest persons of the victim creates the prosecution case doubtful. 30. Therefo...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 73
Kalim Mollah @ Siddique and others Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 80
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....those essential facilities and by illegally creating new plots for allotment to some interested persons as residential plots. 3. The petitioner No. 1 contested the rule stating, inter alia, that total plots in section 9 were reduced due to creation of embankment in the northern side against f......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......eed to protect the Dhaka City from flood by embankment, which is of great public importance and for materializing flood protection scheme, the lay out plan had to be revised and this being within the jurisdiction of the RAJUK, the High Court Division committed gross illegality in declaring the impug..Category: Property Law | Date: | Hits: 92
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......mise made in respect of the same, to be enforced by civil court in a suit for specific performance of contract and the High Court Division erred in passing an order to enforce the assurance in writ jurisdiction and same being not permissible in law the High Court Division erred in not reviewing it..Category: Property Law | Date: | Hits: 85
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......rst Appeal No. 288 of 2002 before the High Court Division on the main ground that the appointment of the sole arbitrator was illegal and, as such, the award passed by him also was illegal and without jurisdiction. By the impugned judgment the appellate Court dismissed the appeal upon hearing both ..Category: Alternative Dispute Resolution | Date: | Hits: 182
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
.... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ......for adjournment of the contempt petition pending disposal of the Title Suit No.88 of 2010 as well as awaiting report of the enquiry commission. The High Court Division rejected the application in absence of the Senior Counsel without giving any adjournment and directed to hand over the property ...... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ..Category: Others | Date: | Hits: 118
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