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MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......he defendant-petitioner for rejection of the plaint has been passed in accordance with law and, as such, no interference is called for. Mr. Siddique submits that dismissal of the plaint involves both question of law and fact and since the Court in writ jurisdiction cannot decide the disputed questio......oreover, without adducing evidence and exhausting proper hearing procedures an order for dismissal of plaint cannot be made. This Court sitting in writ jurisdiction cannot decide disputed question of facts i.e. act of bankruptcy and other requirements as per provisions of section 28. For the aforesa..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......er under Section 302 and 34 of the Penal Code in Druta Bichar Tribunal Case No.13 of 2007 arising out of Narsingdi Police Station Case No. 01 dated 02-01-2001 corresponding to G.R. No.08 of 2001. The facts of the case, in brief, are that the informant being one of the brothers of the deceased lodg..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......08-1999 under Section 14(2) and Section 17 of the Arbitration Act, 1940 praying for a direction upon the Umpire to file the award dated 15-10-1996 and make the said award Rule of the Court. 3. The facts of the case of the plaintiff respondent in short are that the plaintiff respondent entered int..Category: Alternative Dispute Resolution | Date: | Hits: 187
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
.... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ...... operation of the impugned memo dated 29-11-94 (Annexure 'E') was stayed and the respondents were restrained by an order of injunction from interfering with the possession of the petitioners' land in question. 3. The case of the writ petitioners, in short, is as follows: The petitioners are the r...... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ..Category: Property Law | Date: | Hits: 99
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......yond the above referred provisions of the Rules, draw this Court's attention to various office orders in particular as evidence of entitlement having legally accrued to respondent Nos. 6 to 13 in the facts and circumstances of this case to be considered for appointment as effected under Annexure-C t..Category: Employment/Service Law | Date: | Hits: 79
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ......orded as "Nama" land. The deed under pre-emption dated 16-6-1997 shows that the class of the land is "Kanda" land and other relevant documents also show that the land is "Kanda." As such, the land in question cannot be "Chandina" land within the periphery of any Bazar. Government also never declared......n additional written objection, contended that the disputed land is a "Chandina" land situated within Ghorail Bazar and, as such, it is not pre-emptable. 4. The trial Court on consideration of the facts, circumstances and evidence adduced by the parties disallowed the pre-emption holding that the..Category: Property Law | Date: | Hits: 91
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
.... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240....... arisen out of a partition suit and the matter of amendment as prayed for by the petitioners as per Annexure-B under no circumstances change the nature and character of the suit or of the plaint, the question of limitation as has been held by the learned Joint District Judge has been utterly misconc......int District Judge, 1st Court, Kishoreganj in Title Appeal No. 372 of 1993 should not be set aside and/or pass such other or further order or orders as to this Court deems fit and proper. 2. Short facts necessary for the purpose of the Rule is that the petitioners as plaintiffs instituted Partiti..Category: Procedural Law | Date: | Hits: 93
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......he goods, although his quotation was the highest. 14. The principle of legitimate expectation, arbitrariness in financial dealing by public functionaries and mala fide are neither attracted in the facts and circumstances of the case nor have been argued by the plaintiff-opposite party inasmuch as..Category: Business or Commercial Law | Date: | Hits: 209
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
.... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224.......inary decree was made final. They also produced a certificate from the local Chairman to that effect. 16. Date of death of defendant No. 232 Jalal Patwari has, therefore, become a highly contested question of fact which cannot be decided here in this revision proceeding. 17. What surprised us ......alal Patwari, was a nullity and such decree could not be executed in law. In support, he cited Aminullah Bhuiyan and others Vs. Abdul Hafiz and others, 1981 BCR (AD) 131 = 33 DLR (AD) 282. 12. The facts which are not disputed are that Md. Moshin Khan on 9-5-96 got the preliminary decree on contes..Category: Property Law | Date: | Hits: 72
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. ......e case jote have not been impleaded in the application for pre-emption. Secondly, Mr. Chowdhury referring Exhibit "Kha" i.e. judgment and decree of Title Suit No. 30 of 1998, submits that the deed in question under the pre-emption proceeding was, in fact, a deed of mortgage but due to mistake the ka......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. ..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. ......e notice in the instant case would, in all probability, make no substantial difference as the settlement was cancelled on the ground of public interest which is borne out by the fact that the land in question has been found to be part of the graveyard. Moreover, in the instant case, the recommendati...... 54 where a Division Bench of this Court held that upon execution of a lease deed, a right is created in favour of the lessee which cannot be taken away without issuance of any show cause notice. The facts of the case referred to above is quite distinguishable and has no manner of application in the..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. ......st the order 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 ......nder section 115(1) of the Code can entertain revisional application bearing valuation of more than Taka 5 lac, in respect of Orders passed by the Joint District Judges." 3. The background and the facts from which the questions arose are that the petitioner in the revision case instituted a suit ..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. ......y the financial institutions including the banks although the element of debt is the common factor in both the legislations. 10. From the tenor of arguments advanced by the parties in the case the question that falls for determination is, whether the equality clause under Article 27 of the Consti...... 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. ..Category: Civil Law | Date: | Hits: 125
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
.... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ......sed had sustained any bullet injury discharged from any rifle. The prosecution had left a fatal lacuna in the prosecution and the prosecution itself is to suffer therefore. 10. Irrespective of the question as to whether a bullet becomes split or fragmented in the tissue within the body, as there ...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ..Category: Criminal Law | Date: | Hits: 96
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201.......dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201.......ld not be declared to have been issued in violation of the rules and the action of respondent Nos. 2, 3 and 4 in this respect is illegal and without lawful authority and of no legal effect. 2. The facts necessary for the disposal of the Rule are: The petitioner is the elected member of ward N..Category: Election Law | Date: | Hits: 83
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. ...... before incorporating accused Mofizur Rahman in the charge-sheet though the investigating officer found nothing against him, the learned Magistrate ought to have considered the papers on record". The questions, whether in the facts of the given case the learned Magistrate is justified in taking cogn......sed Mofizur Rahman in the charge-sheet though the investigating officer found nothing against him, the learned Magistrate ought to have considered the papers on record". The questions, whether in the facts of the given case the learned Magistrate is justified in taking cognisance of the offence agai..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
....f the English Administration of Justice Act 1956. The expression "beneficially owned as respect all the shares therein" used in section 3(3) of the English Administration of Justice Act 1956 which is identical to section 4(4) of the Admiralty Courts Act 2000 was considered in the St. Merriels case (......the affidavit in reply and the documents filed by the parties. From the pleadings and the deliberations of the learned Advocates for the respective parties it is clear that the disputes centre on two questions which involve (a) The ownership of the two vessels and whether the owners can be procee......ssels MV X-Press Manaslu and MVX-Press Resolve dated 18-12 2005 and for releaseof the same. 2. The suit which has been filed under the admiralty jurisdiction of this Court discloses the following facts: 3. The plaintiff carries on business as a carrier of goods in containers and also acts as ..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. ......e, no escape from the conclusion that it was the discovery of the, plaintiff as an afterthought in order to grab said schedule-1(kha). The evidence on record proves that the existence of the shops in question was distinct and separate from the cinema hall. 40. The positive defence case is that sc......ordinate Judge did not commit any mistake in granting a decree for specific performance of the contract. 18. Whether or not the learned Subordinate Judge was justified in decreeing the suit in the facts and circumstances of the case and on the evidence on record is the main issue before us. 19..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. ......puty Attorney-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 pe...... the business of the petitioner No.2, Ittefaq Group of Publications Ltd., should not be declared to have been made illegally and without lawful authority and is of no legal effect. 5. The broad facts leading to the issuance of the aforesaid Rules are substantially the same which are shortly st..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. ...... mischief of law. In such a case, there is no scope for holding any enquiry before revocation of petitioner's licence of Nikah Registrar as he himself admitted the charge brought against him. So, the question of violating the rule of natural justice does not arise. The allegations brought against th......ould 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 this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: On 15-1-1971, petitioner was appointed..Category: Employment/Service Law | Date: | Hits: 81
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