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Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....question the propriety of the judgment of affirmance. 5. Appearing on behalf of the petitioners, Mr. Moksudur Rahman has canvassed mainly two points firstly, that the suit is barred by the express provision of section 45 of Ordinance No. XXXIII of 1961, and secondly, that the suit is bad for nonâ......f the suit. He therefore, hold that the suit is not properly constituted. For all these reasons I am of opinion that the suit as framed was not maintainable and the courts below committed an error of law resulting in an error in the decision occasioning failure of justice in decreeing the suit of th..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....outset, we like to make it very clear that the defendants filed the application for dismissing the suit (hereinafter referred to as the application) as being not maintainable without menÂtioning any provision of law. But as it appears from the judgment of the High Court Division both the learned Ad......ssues were framed including the issue of maintainability. 7. Leave was also granted to consider the subÂmissions made by Mr. Nurul Amin that the learned Judges of the High Court Division erred in law in making the Rule absolute inasmuch as it is the setÂtled principle that after framing issues ..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....and 2 including the liability of the aforesaid accident. 12. Mr. M Hafizullah submits that the defendant No.3 is the clearing and forwarding agent of the defendant Nos.1 and 2 in Bangladesh as per provisions of section 55 of the Customs Act. The liability and responsibility of the agent have been......sponsible for the damage. 7. Mr. Rahim has further referred to 'Admiralty Jurisdiction and Practice of the High Court of Justice' by Edward Stanley Roscoe and submitted that from the above book of law it can be assessed as to the liability of a running vessel causing damage to a vessel in anchor...Category: Admiralty Law or Maritime Law | Date: | Hits: 177
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....... for the opposite party, very candidly concedes to this view. In the result, the Rule is made absolute. No order 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..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....... and decree of the learned Subordinate Judge. 4. No one appears in opposition to this Rule. 5. Mr. Awlad Ali, the learned Advocate submits that the Court of appeal below committed an error in law in its decision in holding that the suit was heard on merit and the learned trial Court did not ..Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....nterest in the property. It is the further case of the Bangladesh Mukti Judda Kallayan Trust that eviction was caused by the Government in exercise of the power under Ordinance 24 of 1970 namely, the provision of law authorizing the Government to take khas possession of the Government khas land by e......e property. It is the further case of the Bangladesh Mukti Judda Kallayan Trust that eviction was caused by the Government in exercise of the power under Ordinance 24 of 1970 namely, the provision of law authorizing the Government to take khas possession of the Government khas land by evicting tresp..Category: Property Law | Date: | Hits: 389
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
.... for in clause (2)". Clauses (1) and (2) of the said Article 65 are as follows: "(1) there shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic: Provided......on Commissioner to show cause why the impugned Gazette Notification No.5(122)/91 ‑Election 1/NA dated 10.3.91 (Annexure‑A) issued by the respondent shall not be declared to have been made without lawful authority and to be of no legal effect, The impugned Gazette Notification dated March 10, 199..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
.... Mr. Obaidur Rahman Mustafa, Assistant Attorney‑General appeared for the Government in both the petitions. 16. For appreciating the legal questions involved in this case it is necessary to quote provision of section 7 of the Special Powers Act which reads as follows: "7. Power in relation to......two writ petitions are disposed of by this judgment as they arise out of cognizance taken by the Special Tribunals under section 7(b) of the Special Powers Act, 1974 and involve the same questions of law, Both the petitioners were Ministers of the Government of Bangladesh and Members of the Parliame..Category: Criminal Law | Date: | Hits: 88
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
.... 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: ......d after a long delay of date of occurrence the learned Additional Sessions Judge should not have put reliance upon their testimony. The investigation of the case can be said to have been done with a flaw. Finally, he submits about the dying declaration on the basis of which the judgment has been pas..Category: Criminal Law | Date: | Hits: 73
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....improvement schemes which may be undertaken by RAJUK. Amongst others section 40(h) provides for the formation, retention of enlargement of open spaces. The High Court Division after considering these provisions held that it was clear that it was the duty of RAJUK to provide for park, open spaces, pl...... in writ petition Nos.1046 and 1408 of 1993 absolute declaring the lay out plan No.TP/RLP/I886/FEB-1/91(5) dated 9-2-91 as evidenced by Annexure 'G' to the writ petition to have been made without any lawful authority and is of no legal effect and further directing the petitioners to restore all civi..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. ...... i. For that the writ petition No.10371 of 2006 having being heard and disÂposed of without giving effective opportunities of proper representation by the respondents inspite of the fact that the law officer who appeared in the case prayed for adjournment for filing affidavit-in-opposition and p..Category: Property Law | Date: | Hits: 85
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......d out the existence of patta dated 10.05.1913. That at the time of R.S. operation the predecessor of the defendant Nos.1-4 Abdul Ali went to Rengun for earning money and he entrustÂed his brohter-in-law Ali Hossain-the predecessors of the plaintiffs to get the tank recorded in his name, but Ali Hos..Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....ner requesting him appoint another arbitrator but the petitioner did not appoint any arbitrator and in the circumstances the respondent No.1 appointed Mr. Mahmudul Islam as the sole arbitrator as per provision of section 9 (b) of the Arbitration Act, 1940. Mr. Mahmudul Islam—the sole arbitrator th......should have been made by the Court on the application of the parties. The learned Counsel has argued that both the Courts below have committed wrong illegality in not rejecting the award holding it unlawful. 6. Mr. Azizul Haque, the learned Advocate appearing for the respondent No.1 read out sect..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. ......M Mostafa filed Contempt Petition No.156 of 2009 (arising out of Writ Petition No.2272 of 2005) before the High Court Division for drawing up proceeding for Contempt of Court for willful disregard of lawful direction passed by the Court in the judgment and order dated 03.05.2005 in Writ Petition No...Category: Others | Date: | Hits: 118
Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)
....ommencement of the proceeding. 4. Leave was granted to consider the subÂmissions the learned Counsel for the appellant that "in order to maintain impugned conviction and sentence under the above provision it is essential for the prosecution to prove possession of more than 25 grams of heroine. ...... the prosecution has failed to prove recovery of more than 25 grams of heroine from the possession of the appellant and in such view, the impugned conviction and senÂtence cannot stand in the eye of law." 5. Mr. Khandaker Mahbub Hossain, learned Counsel, appearing for the appelÂlant has strenuo..Category: Criminal Law | Date: | Hits: 80
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
.... was filed by the Government for arrears of rent in Certificate Case No.660 of 1952-53 while exhibits 2 and 2(Ka) show that cerÂtificate case was filed by R.L. Government Acquired Estate against the provision of Section 4 of Public Demand Recovery Act is a mistake apparent on the face of record and...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344...Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......sons who have already been appointed in the service after the second viva voce examination will also remain in their service and the seniority of the petitioners will be determined in accordance with law. (3) The Government is hereby directed to appoint the petitioners within 3(three) months fro..Category: Constitutional Law | Date: | Hits: 247
....on to construct the pillars on the ground that no person or authority within Municipal Corporation can build, construct any building or structure of the present description without complying with the provision of Building Construction Act, 1952. He urges that in this case the respondents failed to p......o construct a market complex on the drain passage of Chittagong Development Authority Avenue, Chittagong by the Chittagong Municipal Corporation should not be declared to have been undertaken without lawful authority and is of no legal effect.
2. The Rule was issued at the instance of the petitio..
Category: Property Law | Date: | Hits: 58
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... party in the Artha Rin Suit, or any summon was served upon him in the suit, if any; or whether the suit was properly instituted and execution case was properly filed and proceeded in accordance with law- No certified copies of the plaint in the Artha Rin Suit, the decree passed therein, application..Category: Civil Law | Date: | Hits: 85
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