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State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267.......n the future, the Hon'ble Court may pass any order as it deems fit and proper. 7. We have heard the learned Advocates of both the contemners and the learned Assistant Attorney-General, in the instant case Harun Chowdhury, as the District Magistrate, Sylhet was holding the office of the Head of the M..Category: Civil Law | Date: | Hits: 1272
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. ......ce of formal demand was not at all posted or served upon the petitioner who collected a copy of the said notice (Annexure-B) from the office of the respondent No. 2 after appearance in the bankruptcy case. 6. The petitioner filed an application before the Bankruptcy Court on 29-8-2000 under Rule ..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. ......ion 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 lodged a First In..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....... 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 into a written c..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. ......pugned 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 recorded tenants in r..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. ...... and why the respondent Nos. 1 to 5 shall not be directed to withdraw and cancel the same and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. It is the case of the five petitioners that upon obtaining their Diplomas in Engineering (Civil) they variousl..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. ......nd reversing the judgment and order dated 30-7-2001 passed by the Senior Assistant Judge, Trishal, Mymensingh in Miscellaneous Case No. 49 of 2000 (pre-emption) disallowing the pre-emption. 2. The case of the pre-emptor-appellant opposite party Md. Sohrab Ali, in brief, is that the disputed land ..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.......e committed error of law in refusing the prayer for amendment, relying upon 2 decisions reported in 13 DLR 871 and 1985 BLD 61, without considering the distinguishing features involved in the instant case, whereby it resulted in an error in the decision occasioning failure of justice. 9. Mr. Shah..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. ...... injunction restraining the defendant-petitioner from selling in auction the suit materials to anyone else as attempted by the defendant-petitioner by announcing auction sale for the fourth time. The case of the plaintiffs made out in the plaint, in short, is that the plaintiff as a trader of rods, ..Category: Business or Commercial Law | Date: | Hits: 209
Shomurunessa and others Vs. Md. Musa Miah and others, 2005, 34 CLC (HCD)
....ce on the part of the petitioner. I do not find any substance in the Rule. In the result, the Rule is discharged without order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ......ce on the part of the petitioner. I do not find any substance in the Rule. In the result, the Rule is discharged without order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ..Category: Procedural Law | Date: | Hits: 96
Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)
....al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227.......te party filed the suit for declaration of title and khas possession of the suit land with an additional prayer for partition. The contesting defendant filed written statement denying the plaintiff's case. During pendency of the suit defendant No. 3 Rasullah alias Abdur Rashid, son of late Abdul Gaf..Category: Procedural Law | Date: | Hits: 106
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....... 25-7-01 passed in Title Suit No. 22 of 1994 along with order dated 4-6-02 for requisition of the police force for delivery of possession passed in said Title Execution Case No. 1 of 2002. 4. Main case of said opposite party No.1 is that by two deeds dated 7-1-97 and 3-3-97, he along with his two..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. ......led Miscellaneous Case No. 12 of 1998 in the Court of the learned Senior Assistant Judge, Begumgonj, Noakhali under Section 96 of the State Acquisition and Tenancyt Act praying for pre-emption of the case land alleging, inter alia, that they are co-sharer tenants in the case jote by way of inheritan..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. ......existence of a graveyard has not been proved. In such view of the matter, no interference in called for and the Rule is liable to be discharged. 9. In support of his contention, Mr. Khan cited the case reported in 1 MLR 54 where a Division Bench of this Court held that upon execution of a lease d..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. ......rict Judge against an order passed by the Subordinate Judge in a suit the valuation of which is 3,77,61,255 and the said Bench in view of the conflicting decisions given by other Benches referred the case to the Hon'ble Chief Justice for constitution of a larger Bench and the Hon'ble Chief Justice c..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. ......s given by 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 t..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. ......R (WP) 92; State Vs. Md. Akbar, 18 DLR (SC) 299. Lawyers Involved: Md. Abdur Rouf, Deputy Attorney-General with Md. Ibrahim Khalil, Assistant Attorney-General—For the State (In all the above cases). Md. Ismail with Md. Shihabuddin Mahmud, Advocates—For the Appellant (In Criminal Appeal..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.......of the Rule, the petitioner obtained an interim order staying operation of Annexure-B and C to the Writ Petition. 3. Added respondent No. 5 filed an application for vacating the order of stay. His case as gathered from that application is that the Rule was issued on 13-3-2005, and that this added..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. ......ceed against him. Since the petitioner has annexed the statements of all the witnesses recorded under section 161 Cr.P.C. along with the first information report, the police report, the record of the case at this late stage is not necessary; the application for calling for the record is accordingly ..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. ......Central Insurance Company Ltd Vs. MT Tasman Spirit and others, 2004 CLD 695; the Evpo Agnic, 1988 1 IVLR 1091;Muhammadi Steamship Co Ltd Vs. Province of East Pakistan and others; 22 DLR 596; Merriels case (1969) 1 Lloyds List Law Reports 63; Messrs Sun Line Agencies Ltd s MV Psiloritis and 2 others ..Category: Admiralty Law or Maritime Law | Date: | Hits: 314