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Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)

....int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215....... and 2 to show cause as to why the impugned order dated 8-9-1996 passed by the learned Subordinate Judge, 2nd Court Chittagong in Money Suit No. 31 of 1995, should not be set aside. 2. Brief facts for disposal of this Rule are that, the opposite party Nos. 1 and 2 as plaintiffs, filed Money Suit ......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......¦Petitioner Vs. Unistar Shipping Limited and ors……………Opposite Party Judgment July 20, 1999. Cases Referred To- Edward Vs. Hall Well (1950) AER 11067; AIR 1932 PC 244. Lawyers Involved: M Moniruzzaman Khan with Mukunda Chandra Debnath and Morshed Ahmed Khan, Advoca..

Category: Company Law | Date: | Hits: 197

Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)

.... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425.......udul Islam, Senior Advocate (Probir Neogi, Advocate with him) instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent Nos. 2-3. Not Represented—Respondent No.1. Civil Petition for Leave to Appeal No. 311 of 2009. (From the judgment and order dated 15-12-2008 passed by the ...... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425.......ases Referred to- AKM Mayeedul Islam Vs. Bangladesh Election Commission 48 DLR (AD) 208; AFM Shah Alam Vs. Majibul Huq, 41 DLR (AD) 68; Mahmudul Haque (Md) Vs. Md Hedayetullah 48 DLR (AD) 128. Lawyers Involved: Rokonuddin Mahmood, Senior Advocate instructed by Bivash Chandra Biswas, Advoca..

Category: Election Law | Date: | Hits: 127

Aftab Hossain (Md) Vs. Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors., 2001, 30 CLC (HCD)

.... at liberty at once, if not required in any other case. Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately. Ed. This Case is also Reported in: 54 DLR (2002) 266.......ies. Criminal Miscellaneous Case No. 6693 of 2001. Judgment AK Badrul Huq J. - The detenu Md. Aftab Hossain is under Preventive Detention in Barisal District Jail. The detenu stood arraigned for offence punishable under section 19(a) and (f) of the Arms Act, 1878 in Kotwali Police Station C...... at liberty at once, if not required in any other case. Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately. Ed. This Case is also Reported in: 54 DLR (2002) 266.......etariat & ors…………………………….. Opposite Parties Judgment September 24, 2001. Case Referred To- Malik Golam Jilani vs Government of West Pakistan, 19 DLR (SC) 403. Lawyers Involved: Yusuf Hossain Humayun, Advocate—For the Petitioner. Syed Abu Kowser, Assis..

Category: Criminal Law | Date: | Hits: 39

Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ....... Judgment Md. Hamidul Haque J. - This Rule was issued calling upon the respondents to show cause as to why the detenu Shahriar Kabir now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and wit......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......te of West Bengal 1972 AIR (SC) 2256; Francis Coralie vs. Union Territory of Delhi 1981 AIR 746; Sunil Batra (II) vs. Delhi Administration 1980 (SCC) 1579; Sunil Batra vs. Delhi , 1980 (SCC) 488. Lawyers Involved: M Amirul Islam with Shirin Sharmin Choudhury, Tania Amir, Monzil Murshid, Advoc..

Category: Constitutional Law | Date: | Hits: 195

Nure Alam and others Vs. State, 2002, 31 CLC (HCD)

....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......ed Additional Sessions Judge, 1st Court, Tangail in Sessions Case No. 102 of 1991 convicting the appellants under sections 302/109 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay fine of Taka 5,000 each in default to suffer rigorous imprisonment for 2(two) ye......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......244; Nurjahan Begum vs. State,1988 BLD 389= 40 DLR 321; State vs. Mizanul Islam @ Dablu and another 1988 BLD 317 = 40 DLR 58; A Karim vs. State 1981 BLD (AD) 200, Sarwar Kamal vs. State 48 DLR 61. Lawyers Involved: Shawkat Ali Khan with Faziul Haque Khan Farid and Md Amzad Hossain, Advocatesâ€..

Category: Criminal Law | Date: | Hits: 42

Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)

....rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......rned trial Court. 2. Short facts leading to the case are that, the appellants as plaintiffs instituted a suit in the Court of the Subordinate Judge, Barguna being Title Suit No.18 of 1987, praying for setting aside the ex parte decree dated 6-7-78 passed in Title Suit No.116 of 1977. It was conte......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......mber 2, 1999. Cases Referred To- Abu Bashar Vs. Mehar Khatun, 35 DLR 6; Khairuzzaman and others Vs. Noor Hossain, 9 BLD 453; Nurul Hossain Vs. Government of Bangladesh, 47 DLR (AD) 108(17). Lawyers Involved: Muzibur Rahman, Advocate—For the Appellants. PC Guha, Advocate—For the R..

Category: Procedural Law | Date: | Hits: 81

Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)

....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......apara Beel, popularly known as Gacher Jouar fishery, hereinafter, in short, the fishery, situates in the police station Salla, Sunamgonj; that as per policy regarding leasing of fishery that has been formulated at the level of Ministry of Land and that circulated for the guidance of the officials at......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......tion) Present: Md. Ruhul Amin J SK Sinha J Bashiruddin (Md) …………….Petitioner Vs. Bangladesh and others…………….Respondents Judgment November 3, 1999. Lawyers involved: Md. Hannan, Advocate—For the Petitioner Shishir Kanti Mazumder Advocate—..

Category: Property Law | Date: | Hits: 33

Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)

....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......d order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......217;Guinness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 44 DLR (AD) 242; Shafiq Ahmed Vs. Mirza Muhammad Anwar Geb, 20 DLR (WP)113; Habibullah and others Vs. SA Mujtaba and others, 34 DLR 418. Lawyers Involved: Abdul Quayum with Maqbul Hossain Advocates—For the Petitioner. MA Wahhab M..

Category: Property Law | Date: | Hits: 64

Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)

....date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......inate Judge and Artha Rin Adalat No. 1, Sadar, Chittagong in Mortgage Execution Case No. 6 of 1997 contained in Annexures-E and E-1 respectively have been called in question. 2. The facts relevant for the purpose of disposal of this Rule are as follows: The respondent No. 2, the City Bank Limited......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......manyam Vs Batchu Viswanadham AIR 1988 Andhra Pradesh 27; Atash Ali and others Vs Rebati Mohan Sarker and 3 others 43 DLR 539; Master Abdul Aziz Vs Abani Mohan Mukherjee and others 30 DLR (SC) 221. Lawyers Involved: A M Aminuddin, Advocate—For the Petitioner. M R Hasan, Advocate—For the ..

Category: Civil Law | Date: | Hits: 76

Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)

....stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ......r section 138 of the Negotiable Instruments Act of 1881, stating, inter alia, that the accused petitioner took loan of taka 10, 00,000 (ten lac) only from the complainant opposite party on 25-10-1999 for three months only. This transaction was made in the office of the opposite party No.1. But the a......stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ......-Parties Judgment March 10, 2002. Cases Referred To- Mir Mohammad Ali vs. State 46 DLR 175; SM Anwar Hossain vs. Md. Shafiqul Alam (Chand); another 1999 BLD (AD) 166 = 4 BLC (AD) 106. Lawyers Involved: Md. Khurshid Alam Khan, Advocate—For the Petitioner GS Hoq—For the Oppos..

Category: Criminal Law | Date: | Hits: 62

Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)

.... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......Party No. 1. Contempt Petition No. 3 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued against the contemner-opposite party No. 1 to show cause as to why he shall not be committed for contempt of Court and punished accordingly for disregarding and flouting the order date 29-3-200...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......J Elders Ltd………………………………….Petitioner Vs. Sunil Chandra Chowdhury & another………………… Contemner-Opposite Parties Judgment February 5, 2002. Lawyers Involved: MA Samad with MGH Ruhullah and Md. Ashraful Kamal, Advocates- For the Petit..

Category: Intellectual Property Law | Date: | Hits: 181

Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)

....e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......eous Appeal No.127 of 1992 reversing the judgment and order dated 9-6-1992 passed by the learned Senior Assistant Judge, Sadar, Comilla in Rent Control Case No. 59 of 1991. 2. Short facts relevant for disposal of the Rule are that the petitioner-respondent instituted House Rent Control Case No.59......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ...... Abdur Razzaque J Santi Bhusan Deb……………………… Petitioner Vs. Principal Officer, Samabaya Bank Ltd ……………………Opposite Party Judgment October 25, 2001. Lawyers Involved: Abdul Latif, Advocate—For the Petitioner. Abdul Baset Majumder with Yeasmi..

Category: Property Law | Date: | Hits: 34

Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)

....e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......nce of the defendant-petitioner, is directed against order dated 10-8-2000 passed by the Learned Subordinate Judge and Artha Rin Adalat No. 1, Dhaka in Title Suit No. 175 of 1999 rejecting the prayer for seeking expert’s opinion. 2. Short facts, for disposal of this Rule, are that the opposite ......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......id J Hasan Foez Siddique J Mafizul Hoq Bebu (Md)……….……………… Petitioner Vs. Majida Begum and others……………..Opposite Parties Judgment December 10, 2001. Lawyers Involved: Rokanuddin Mahmud, Advocate—For the Petitioner. Golam Arshed, Advocate—..

Category: Property Law | Date: | Hits: 28

Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)

....ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......posite Parties. Civil Revision Nos. 1127-29 of 1993. Judgment Md. Tafazzul Islam J.- In all these Rules more or less similar law points are involved and so these Rules are taken up together for hearing and disposed of by one judgment. 2. In Civil Revision Nos. 1127, 1128 and 1129 of 199......ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......lam J Sikder Maqbul Huq J Pubali Bank……….. Petitioner Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others……..Opposite Parties Judgment August 3, 2000. Lawyers Involved: MA Tariq, Advocate—For the Petitioner. Not represented—the Opposite Part..

Category: Civil Law | Date: | Hits: 82

Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)

.... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ......min J. - This Rule was issued calling upon the respondent No. 1 to show cause as to why the order dated 31-8-1988 (Annexure ‘E’) passed by the respondent No. 1 dismissing the Case No. 955 of 1987 for default should not be declared to have been passed without any lawful, authority and is of no le...... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ......um vs. Chairman Court of Settlement and others 52 DLR 456; Chand Miah Talukder vs. Chairman, Court of Settlement, Dhaka and others 45 DLR 304; Bangladesh vs. Feroz Ahmed and others 1 BLC (AD) 149. Lawyers Involved: Md. Azizul Hoque, Advocate—For the Petitioner Reba Kaniz, Assistant Attorn..

Category: Property Law | Date: | Hits: 37

Kashem Vs. State, 2001, 30 CLC (HCD)

....the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......t of GR Case No. 439(2) and Bhairab Police Station Case No. 5(4)95 dated 17-4-95, convicting accused appellant Kashem under section 19(A)(f) of the Arms Act and sentencing him thereunder to suffer RI for 10 years and to pay a fine of Taka 3000, in default, to suffer RI for a further period of one ye......the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......minal Appellate Jurisdiction) Present: Gour Gopal Saha J Md. Nizamul Huq J Kashem ……………Appellant Vs. State………………Respondent Judgment July 15, 2001. Lawyers Involved: Firozur Rahman Mullah, Advocate—For the Appellant. AQ Rashid Ahmed, Assist..

Category: Criminal Law | Date: | Hits: 37

Bangladesh Vs. Sarwar Kamal, 2010, 39 CLC (AD)

.... of the said Writ Petition on merit, if so advised. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 8, 19 BLT (AD) 2011, 17.......oner. Rokanuddin Mahmud, Senior Advocate (with Mansurul Haque Chowdhury, Senior Advocate) instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent. Civil Miscellaneous Petition for Leave to Appeal No. 940 of 2010 (From the order dated 24.10.2010 passed by the High Court Div...... of the said Writ Petition on merit, if so advised. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 8, 19 BLT (AD) 2011, 17.......velopment and Co-Operatives, (LGED) Local Government Division, Dhaka and others…………..Petitioners Vs. Sarwar Kamal……………………. Respondent Judgment October 28, 2010. Lawyers Involved: Mahbubey Alam, Attorney General instructed by B. Hossain, Advocate-on-Record- F..

Category: Civil Law | Date: | Hits: 104

Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)

.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......dsha @ Siddique and others 45 DLR 483; Manindra Nath Panal Vs. Ahmed and others, 1967 PLD (Dhaka) 621. Lawyers Involved: Garib Newaz, Advocate — For the Petitioner. Kazi Md. Shafiqul Hasan for Shafiq Ahmed, Advocate—For the Opposite Parties. Civil Revision No. 1268 of 1989. Judgme...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......ies Judgment March 23, 1999. Cases Referred To- Safar Ali Miah and others Vs. Badsha @ Siddique and others 45 DLR 483; Manindra Nath Panal Vs. Ahmed and others, 1967 PLD (Dhaka) 621. Lawyers Involved: Garib Newaz, Advocate — For the Petitioner. Kazi Md. Shafiqul Hasan for Sh..

Category: Procedural Law | Date: | Hits: 79

Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)

....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......nt Attorney-General—For the State. Criminal Miscellaneous Case No. 1100 of 1999. Judgment Md Hamidul Haque J. - This is an application under section 561A of the Code of Criminal Procedure for quashing the proceedings in respect of the present petitioner of Sessions Case No. 83 of 1997 pe......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184....... Vs. State………………………………..Respondent Judgment February 8, 2000. Cases Referred To- Rahamatullah Vs. State 48 DLR 158 ; Golam Mustafa Vs. State 47 DLR 563. Lawyers Involved: Md. Abdus Sobhan, Advocate—For the Petitioner. Md. Mustafa, Assistant Atto..

Category: Procedural Law | Date: | Hits: 65

Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)

....er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......d by Mr. AKM Sadeque, Sessions Judge, Tangail in Sessions Case No.111 of 1984 convicting appellant No.1 Joynal Bhuiyan under section 302 of the Penal Code and sentenced him thereunder to imprisonment for life and convicting appellant No.2 Sultan Ali Bhuiyan under section 201 of the Penal Code and se......d 9 years and a son aged 7 years out of the said wedlock. The appellant No.1 divorced her 2 years before the occurrence and married his maternal cousin. Deceased Joynab Banu brought a case before the Martial Law Court over the same and under the said pressure a salish was held and the appellant No.1......Chowdhury J Md. Abdul Aziz J Joynal Bhuiyan & another…………………Appellants Vs. State…………………………………… Respondent Judgment January 4, 2000. Lawyers Involved: Amjad Hossain, Advocate—For the Appellants. Shueb Ahmed, Assistant Attorne..

Category: Criminal Law | Date: | Hits: 28