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Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....isdiction of this Admiralty Court the plaintiff will have no remedy other than the remedy sought for in the plaint. 3. After filing the plaint the plaintiff petitioned to this Court under Order 38 Rule 5 of the Code of Civil Procedure for arrest of the defendant No. 1 Vessel M.V. CORINA wherein......duty or breach of contract and the damage in question was due to the negligence of the master of the ship and alleged general average loss incurred for the salvage or towage of the ship being the absolute liability of the ship owner, this Admiralty Court has jurisdiction to entertain the plaint ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
.... 44. Lawyers Involved: A. Malek, Advocate—For the Petitioners Moinul Huq, Advocate—For the Opposite Parties. Criminal Revision No. 229 of 1987. Judgment Mustafa Kamal J.- This Rule obtained under section 561A of the Code of Criminal Procedure calls upon the Deputy Commissio......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..Category: Criminal Law | Date: | Hits: 32
Wahid Halder Vs. Election Commission & others, 1988, 17 CLC (HCD)
....rs Involved: Khondker Mahbubuddin Hossain, Advocate— For Petitioner. Moinul Huq, Advocate—For Respondent No. 5. Writ Petition No. 1089 of 1988. Judgment Mohammad Sohrab Ali J.-This Rule Challenges the legality of an order of the Election Commission dated 26.5.88 in respect of Jo......r. In that view of the matter this Rule is discharged without any order as to costs. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 119...Category: Election Law | Date: | Hits: 80
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....tition No. 32 (C) of 1988 and Writ Petition No. 7 of 1987 (Dhaka) Judgment Mohammad Abdur Rouf J. - The petitioner as elected Chairman of Chandina Upazila Parishad, Comilla, obtained this Rule Nisi on 5.1.87 calling in question the order of his removal from Chairmanship of the said Paris......otice to the Chairman and Acting Chairman of the aforesaid Union Parishad. On 18.11.86 the petitioner showed the causes denying all the allegations in seriatim stating inter alia that all those are absolutely false, concocted, and baseless and the same had been made with a mala fide intention. T..Category: Election Law | Date: | Hits: 92
....olved:
Md. Nawab Ali, Advocate—For the Petitioner.
Sharifuddin Chakladar, Advocate—For the Opposite Party.
Civil Revision No. 756 of 1985.
Judgment
Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure and is direct......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103...
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....stafa Zaman Islam, Advocate-For the Petitioner. Shasti Sarker with Ellius Ahmed, Advocate-For the Opposite Parties. Civil Revision No. 5431 of 2007. Judgment Md. Mamtaz Uddin Ahmed. - The Rule was issued at the instance of the pre-emptee calling upon the opposite party No.1 to show cause......and the courts while allowing the preemption have committed error of law which is an error in the decision occasioning failure of justice. I find merit in the Rule. In the result, the Rule is made absolute without any order as to costs. The judgment and order of the courts below are set aside. Co..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....ed by Court's order dated 29/07/1999. 9. Being aggrieved the plaintiff-appellant moved the High Court Division in the Civil Revision case, in which rule was issued and upon hearing on contest, the Rule was discharged against which the plaintiff-petitioner has come up with the instant leave petiti......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ..Category: Trust/Waqf Law | Date: | Hits: 194
Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
.... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ...... of 2009) Judgment BK Das J.- This Petition for leave to appeal is directed against the judgment and order dated 11.11.2009 passed by a Division Bench of the High Court Division making the rule absolute in Writ Petition No.5189 of 2009 declaring that order dated 23.6.2009 issued by the respond..Category: Election Law | Date: | Hits: 96
Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)
....2011. In the meantime, the parties are directed to maintain status quo till that date. However, let the interim order dated 16.01.2011 passed by the High Court Division at the time of issuance of the Rule in Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscell...... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ..Category: Civil Law | Date: | Hits: 91
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
.... Involved: Md. Shah Alam, Advocate (appearing in person) — The Petitioner. Not represented— the Opposite Parties. Civil Revision No. 3277 of 1998. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and decree dated 8-6-98 passed by the District Judge, Bhola in......e that the defendant owns about 3 acres of land in the vicinity of the Suit property, a running shop at Borhanuddin Bazar, 3½ kathas of land at Tongi Bazar and a plot of land in Dhaka City. There is absolutely nothing or record to show that the defendant has no other place to reside other than the ..Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....MA Samad with MGH Ruhullah, Advocates—For the Petitioners. Mahbubey Alam, Advocate—For the Respondent Contemners. Contempt Petition No. 83 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the respondent contemners to show cause as to why they should not be co......g the order. They further observed that the legal proposition does not admit of any doubt that an order passed by an inferior Court during the subsistence of stay order made by a superior Court is an absolute nullity. But in 1992 BLD 60 [Abdul Quddus Vs. Md. Mustafa Hossain]. It has been held by Sin..Category: Civil Law | Date: | Hits: 70
Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)
.... of the People's Republic of Bangladesh is directed against the judgment and order dated the 3rd day of February, 2009 passed by the High Court Division in Civil Revision No.2159 of 1998 making the Rule absolute setting aside those dated 12.01.1998 and 16.01.1998 respectively passed by the Subordi......he People's Republic of Bangladesh is directed against the judgment and order dated the 3rd day of February, 2009 passed by the High Court Division in Civil Revision No.2159 of 1998 making the Rule absolute setting aside those dated 12.01.1998 and 16.01.1998 respectively passed by the Subordinate ..Category: Property Law | Date: | Hits: 52
Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)
....d. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 02.12.2008 passed by the High Court Division in Civil Revision No.1879 of 2008 discharging the Rule. 2. The facts, in short, are that the respondent as plaintiff filed a Family Suit bearing ......ng the title and possession of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878...Category: Family Law | Date: | Hits: 200
Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)
..... Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 26.02.2009 passed by the High Court Division in Civil Revision No. 1841 of 2004 discharging the Rule. 2. The facts, in short, are that the respondent Nos.1 and 2 instituted Title Suit No. 282......rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ..Category: Civil Law | Date: | Hits: 65
Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)
....Sylhet, dismissing the Appeal vide judgment and decree dated 27/7/1999 and against said decree the defendant-appellants moved the High Court Division in Civil Revision No. 359 of 2000, in which the Rule was issued, which was ultimately heard and disposed of by the judgment and order dated 20/9/200......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873...Category: Property Law | Date: | Hits: 27
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....have arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871.......peal at the instance of the defendant-petitioners arose from the judgment and order dated 25th June, 2009, of a Single Bench of the High Court Division in Civil Revision No.74 of 2007 making the rule absolute by setting aside those dated 14th September, 2006 of the learned Additional District Judge,..Category: Property Law | Date: | Hits: 30
....n of the People's Republic of Bangladesh is directed against the judgment and order dated the 20th day of October, 2009 passed by the High Court Division in Writ Petition No.7835 of 2008 making the Rule absolute with direction to issue the 'Letter of Consent' in favour of the writ-petitioner.
2......the People's Republic of Bangladesh is directed against the judgment and order dated the 20th day of October, 2009 passed by the High Court Division in Writ Petition No.7835 of 2008 making the Rule absolute with direction to issue the 'Letter of Consent' in favour of the writ-petitioner.
2. The..
Category: Others | Date: | Hits: 82
.... Imam, Assistant Attorney-General with Manjurul Alam, Assistant Attorney-General—For the Respondent.
Writ Petition Nos. 1543, 2975 and 3217 of 2003.
Judgment
Md. Abdur Rashid J.- The above Rules Nisi were on 4-5-03 issued calling upon the respondent, Bangladesh to show cause why non-appoi......er one hundred years is that the appointment was made after consultation with the Chief Justice.
51. He submitted that the requirement of consultation with the Chief Justice before appointment is absolutely necessary for the independence of the judiciary, which is one of the basic features of th..
Category: Constitutional Law | Date: | Hits: 252
Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
....tion of the People's Republic of Bangladesh is directed against the judgment and order dated the 14th day of May, 2009 passed by the High Court Division in Civil Revision No.3839 of 2001 making the Rule absolute. 2. The facts involved in the case, in short, are that 5 kathas of land equivalent ......of the People's Republic of Bangladesh is directed against the judgment and order dated the 14th day of May, 2009 passed by the High Court Division in Civil Revision No.3839 of 2001 making the Rule absolute. 2. The facts involved in the case, in short, are that 5 kathas of land equivalent to mo..Category: Property Law | Date: | Hits: 32
....esult the writ-respondent published new notification for appointments in the self-same posts and hence the writ petitions.
3. The contesting writ-respondent filed affidavits-in-opposition in the Rules contending, amongst others, that the respective writ petitioners have no locus standi to c...... in response to the subsequent notification. Hence such applicants do not have any locus standi to seek any relief as claimed in the writ petition.
4. The High Court Division in making the Rules absolute directed the Bangladesh Railway Authority "to issue appointment letters to the writ petitio..
Category: Employment/Service Law | Date: | Hits: 86
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