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Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......tee-opposite parties contested the case by filing written objection denying all the material allegations of the pre-emption application and contended, inter alia, that the case is not maintainable in law, inasmuch as the opposite party No. 3 mortgaged the case land to opposite party Nos. 1-2 by a re..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......the suit land. This finding of fact in respect of possession, he submits, having not been reversed by the lower appellate Court, the same remained uncontroverted and, there for, correct in the eye of law. 13. In order to consider Mr. Khan's submission that non issuance of show cause notice upon t..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ...... dated 14-5-2005 passed by the District Judge Chittagong was initially heard by a Division Bench comprising Mr. Justice ABM Khairul Haque and Mr. Justice ATM Fazle Kabir and a preliminary question of law arose as to the maintainability of revisional application before the District Judge against an o..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ...... respondent No. 3, Janata Bank, KD Ghose Road, Corporate Branch, Khulna making a demand of Taka 79,13,42,887.12 against the petitioners should not be declared to have been made and issued without any lawful authority and of no legal effect. 2. Subsequently, when the matter was taken up for hearin..Category: Civil Law | Date: | Hits: 125
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......34 of the Penal Code by the impugned order dated 7-6-2003. 3. Mr. Raqibul Hoque Miah, learned Advocate for the petitioner, submits that the learned Additional Sessions Judge has committed error of law in discharging the accused Mofizur Rahman in failing to notice that there are sufficient materia..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......sing from and occasioned by the agency of nature which cannot be guarded against by the ordinary exertions of human skill and prudence so as to prevent its effect. An "Act of God" was always a common law exception. It was a metaphorical phrase (like "fate") with a religious origin used to describe t..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ...... as lessor of said 1-(kha) property. Determination of the value of the property by any order of said Ministry or payment of any money on the basis of such determination must be held to be without any lawful authority and jurisdiction. The Ministry of Industries was never in management and possession..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......-General- For the Government Respondents. Writ Petition No. 3773 of 1996 with WP No. 2746 of 1997 and WP No. 3834 of 1999. Judgment Md. Joynul Abedin J. - Since common questions of law and fact are involved in all these three writ petitions. Rules in all these writ petitions are h..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ...... Nikah Registrar under rule 5(1) of the Muslim Marriages and Divorces (Registration) Rules, 1975 as contained in Annexure B to the Writ Petition should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......Case No. 9 of 2002 arising out of Sabujbag PS. Case No. 27 dated 16-1-2002 pending before the Chief Metropolitan Magistrate so far as it relates to the petitioner should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to refrain fr..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ......e for restraining the opposite parties from evicting the plaintiff petitioners from the suit land without paying the aforesaid compensation but the learned Trial Court laboring under misconception of law rejected that prayer which is not sustainable in law. Mr. Azadi also vehemently argued that with..Category: Civil Law | Date: | Hits: 99
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100.......t Judge without passing any order on merit which is highly illegal. 10. The point for determination is whether the learned Additional District Judge committed any error of an important question of law resulting in erroneous decision occasioning failure of justice. 11. Mr. Sarder Abul Hossain t..Category: Procedural Law | Date: | Hits: 77
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
.... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......the marriage the condemned-prisoner was given Taka 40,000. Then condemned-prisoner went to Malaysia and after 2 years he returned from Malaysia and again demanded Taka 20,000 from PW 1, his father-in-law, for going to Abu Dhabi. On 28-11-1997 at about 5-00 AM a boy came to the house of PW 1 Siddique..Category: Criminal Law | Date: | Hits: 96
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ...... during war of liberation and as per the provisions of the voting President's Order No.1M-35/71/ B dated 26-12-1971 possession of the properties of writ petitioner No.1-respondent No.1 was taken over lawfully by the Government; that the writ-petitioners claimed ground rent at the rate of Tk.1/- per ..Category: Property Law | Date: | Hits: 128
Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....regular basis and subject to the provisions of Rule 10 and other concerned provisions, he shall be issued a permanent license of Nikah Registrar by notification in the official Gazette and that after amending section 4 of the Act on 1st December, 1982 the respondents have been curtailing the areas......d in Bangladesh Gazette on 16 January, 2001, old Rule 5Awas substituted by a new Rule 5A providing that notwithstanding anything contained in Rule 5 or in any other instrument having the force of law, any person acting as Nikah Registrar on temporary basis under sub-Rule 5(1) on the date of co..Category: Civil Law | Date: | Hits: 105
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
.... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......vision in Writ Petition No.408 of 2002 making the rule absolute and declaring the memo dated 15th January, 2002 of the writ respondent No.2, the Deputy Commissioner, Dhaka to have been issued without lawful authority and is of no legal effect. 2. The dispute relates to a piece of land appertainin..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
....on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21........ (From the judgment and order dated 9.7.2009 passed by the High Court Division in Writ Petition Nos. 2560, 4332, 6106, 6185, 6718 and 6719 of 2008.) Judgment SK Sinha J. - The facts and the law points involved in these petitions being identical, they are disposed of by this common order. G..Category: Employment/Service Law | Date: | Hits: 91
....ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
......idered as minor if the principle they applied in case of DCL-SBA Associates also stood good for EPI-BFEW Consortium. The learned Advocate further submitted that from decision No.2 that it is totally flawed, self-contradictory and motivated because on the one hand, the review panel asked the procurin..
Category: Others | Date: | Hits: 164
Md. Shafi Kha Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......witnesses did not support the case as alleged by the informant, even then the trial court convicted the petitioner on mere surmises and conjecture and the impugned judgment is thus not sustainable in law, which is liable to be quashed. 7. The learned Assistant Attorney General appearing for the r..Category: Criminal Law | Date: | Hits: 57
Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)
....war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 44
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