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Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....by examining one witness, O.P.W. 1 Kamaluddin, have seriously disputed the appellant's contentions regarding the happenings between 7.9.80 to 20.12.80. 8. It is in the background of these peculiar facts and circumstances of the present case, that Mr. Khondker Mahbubuddin Ahmed submits that a form...... Abdul Mannan with Zakir Ahmed - for the respondents. Appeal from Original Order No. 171 of 1984. Judgment Mustafa kamal J. - This first miscellaneous appeal is directed against the judgment and order dated 19.4.84 passed by Mr. Ali Ashraf Khan Lodi, Subordinate Judge, 1st Court, Dhaka in M......Order 9, rule 13 itself as to why he was delayed in filing the miscellaneous case within the period of limitation of 30 days from the date of passing of the ex parte decree. It is also clear from the evidence on record that the appellant has examined himself as P.W.1 and his learned Advocate Mr. Sye..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
.... or otherwise, be heard in answer to the suit as if he had appeared on the day fixed for his appearance." 6. Mr. Ahmed submits that even the provisions of Order 9, rule 7 are not applicable to the facts and circumstances of the case. He submits that when ex parte proceedings come to a close and t...... Court High Court Division (Civil) Present: Mustafa Kamal J AKM Sadeq J KDH Laboratories Ltd........................................................Petitioner. Vs. Pubali Bank and Ors……………………………………….OppParties. Judgment August 3, 1987. L...... 31.8.83 and from that date to 15.9.83. In the meantime, the managing director of the plaintiff-company was examined as P.W.1 on commission. On 14.9.83 the Pleader Commissioner who took down the said evidence on commission submitted his report. On 15.9.83 upon the petitioner's prayer the exhibits/ d..Category: Civil Law | Date: | Hits: 83
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....be declared to have been issued illegally and without any lawful authority and also without appreciating the factual position leading to the sale of abandoned (wreck) and the goods therein. 2. The facts of the case are as follows: The petitioner is a proprietor of the firm Marine Salvage deali......……Petitioner Vs. Ministry of Finance, National Board of Revenue ……………Respondents Judgment August 18, 1996. Case Referred To- MA Khaleque Vs. Government of Bangladesh and others, 32 DLR 243. Lawyers Involved: AJ Mohammad Ali with AKM Asaduzzaman, Advocates—F......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....ssion from the Court for any deposit but the same is not available to any litigant in a suit filed under the Artha Rin Adalat Ain. 16. For deciding whether this decision has any application in the facts and circumstances of the present case, we intend to examine the provision of section 17 and 17......Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Bijan Kumar Das J Habib Bank Limited………………….Appellant Vs. UAE Bangladesh Investment Company Limited and another……….Respondent Judgment May 28, 1998. Lawyers Involved: Syed Ishtiaq ......case is that defendant No.3 disregarding the instructions issued on behalf of the plaintiff by defendant No.1 retained the aforesaid Dollars. 5. The contesting parties adduced oral and documentary evidence before the trial Court and the Adalat thereafter on consideration of the evidence on record..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....and Television. So, for the impugned statements the Home Minister cannot enjoy privilege and protection as contemplated under Article 78 of the Constitution. 10. In the background of the aforesaid facts Mr. Moudud Ahmed, the learned Advocate appearing for the petitioner, submits that he is moving......me Court High Court Division (Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J Ataur Rahman Khan…………………………Petitioner Vs. Md. Nasim and another……………………….Respondents Judgment October 28, 1999. Cases Referr......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
.... years which also supports the contention made in the petition. The learned Deputy Attorney-General submits that of these listed prisoners there are also prisoners who have been already convicted but facts remain that they have the right to file appeal. It has been submitted that some Jail Appeals a......his Case is also Reported in: 57 DLR (2005), 11.......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11...Category: Criminal Law | Date: | Hits: 45
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....on on behalf of respondent No.1 Moulana Delwar Hossain Saydee in First Miscellaneous Appeal No.144 of 1997 is for an order dismissing the appeal on the preliminary point of maintainability. 2. The facts of the case, in short, are that the election in constituency No.129, Pirojpur-1, took place on......(Civil Appellate Jurisdiction) Present: Md. Abdul Karim J Amirul Kabir Chowdhury J Sudhangshu Shekhar Haldar ………………………..Appellant Vs. Moulana Delwar Hossain Saydee and others..…………..Respondents Judgment June 25, 1998. Cases Referred To- Pateshw......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ..Category: Election Law | Date: | Hits: 159
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....petitioner, referred to the case of Ramijan Ali Ministry Vs. Md. Hedayetullah reported in 31 DLR (AD) 183 wherein the above principle of law has been elaborately discussed and settled. In view of the facts and circumstances and the position of law as decided in 31 DLR case I cannot hold any opinion ......ce. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......ot aware of the transfer of the suit property in favour of the plaintiff and that since the defendant deposited rent in the HR Case No. 5 of 1993 he was not a defaulter. 4. On consideration of the evidence on record the trial Court found that there was no bona fide requirement of the suit propert..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....session. 8. On the other hand, by filing an affidavit-in-opposition, Mr. Jamiruddin Sircar took much pain to take me through the plaint and the depositions of the witnesses and submits that in the facts and circumstances, the date of dispossession must be held to be the date i.e. 31-05-96 when th....... This Case is also Reported in: 53 DLR (2001) 394. ......ding that the defendants dispossessed the plaintiff. He also submits that the trial Court erred in law in decreeing the suit in the absence of any finding on the date of dispossession. In view of the evidence of defendant No.2 as DW 2, the plaintiff sold away all her movables and left the shop volun..Category: Civil Law | Date: | Hits: 82
Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)
....Constitution is for leave to appeal against the judgment and order dated 3-3-2009 passed by the High Court Division in Criminal Miscellaneous Case No.5373 of 2008 discharging the rule. 2. Relevant facts are that the accused petitioner was facing trial in Sessions Case No.2280 of 2007 arising ou......ent: M M Ruhul Amin CJ Md. Joynul Abedin J Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J Amzad Hossain………………………………….Petitioner Vs. State and another……………………………...Respondent Judgment November 16, 2009. Case ......to the said Metropolitan Additional Sessions Judge, 1st Court, Dhaka, and accordingly on receipt of the record the Metropolitan Additional Sessions Judge framed charge on 21-1-2008 and fixed date for evidence and thereafter on 2-4-2008 the Additional Public Prosecutor filed an application before the..Category: Criminal Law | Date: | Hits: 34
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....frul, District Dhaka, without due process of law should not be declared illegal and without lawful authority being contrary to right to life as mandated by Article 32 of the Constitution. 2. Short facts leading to this Rule are that the petitioner No.1, Bangladesh Legal Aid and Services Trust (br......: 13 BLC (2008) 384, 8 LG (2011) HCD 325....... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
.... after disposal of a case on merit, is not only improper but is contempt. See also PLD 1961 (WP) Lah 51, AIR 1941 BOM 228. So, his conduct both before and after the disposal of the appeal, in the facts and circumstances of the case, amount to gross contempt. 157. In a signed article, "The n......sion. Not only that she is a newscaster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as pr......ion of an opinion on a question of law, for a court even when dealing with a question of fact is expected not to be influenced by facts which may have come to its knowledge otherwise than from the evidence adduced in the case. Therefore, if an expression of opinion on a question of fact pending ..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....0-5-99 at present 7.12 acres of land is vacant. In spite of service of copy of the same respondent Nos.1 and 2 did not deny the assertion made in the said supplementary affidavit. 11. In the above facts and circumstances we are of the view that 7.12 acres of vacant spaces shown in the supplementa......n (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Mohshinul Islam………………………….Petitioner Vs. Rajdhani Unnayan Kartripakkha and others………..Respondents Judgment June 9, 1999. Cases Referred To- Giasuddin vs......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ..Category: Property Law | Date: | Hits: 55
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....certain ballot papers as being unambiguous or having been otherwise invalid and accepted those which were unambiguous following the provision of rule 40 (3) (b) of the Rules, 1973.” In the above facts and circumstances and in view of the law, the exclusion of 309 votes as invalid from the total......0. ......f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
.... existed any arbitral dispute or difference for reference. Nor the order appears to have taken consent of the petitioner for appointment of one as their arbitrator. The order does neither reflect the facts or circumstances of the case nor is backed by any reason. The order was passed in slip-shod ma...... DLR (2001) 386. ......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....g circles to mean that the carrier was not associated with the stuffing of the container which was exclusively done by the shipper. In the face of such bill of lading the carrier need not prove these facts unless rebutted. It has only to establish that such sealed container was properly and carefull......01) 381. ...... maintainable in the admiralty jurisdiction? If so, to what extent the defendants are entitled to a decree/relief, if any.” 5. The plaintiff has examined 2 witnesses and also adduced documentary evidence to prove the claim. The defendants examined Md. Hadis as the only witness and also adduced ..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
....ncil, reported in (1995)1 All ER 73 is regarding closure of local authority home for the elderly persons. Observations regarding legitimate expectation in those two cases manner of application in the facts and circumstances of the case before us regarding award of a contract for of buildings. On the......
(Special Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
Md. Muzammel Hossain J
North South Property Development Ltd……………...Petitioner
Vs.
Secretary, Ministry of Land and another……………….Respondents
Judgment
May 17, 1999.
Cases Referred To-
......n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7...
Category: Civil Law | Date: | Hits: 92
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......ly as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......dents against the appeal under rule 16, the learned Subordinate Judge may allow them to file the submissions in writing in summing up their arguments. But such written submission must be based on the evidence and materials already on record. 9. On the other hand, what should be the contents of a ..Category: Procedural Law | Date: | Hits: 66
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....ip of the respondent No.5 borrower company are not valid for their failure to obtain consent of the Board of Directors of the creditor bank under the provisions of section 27Ka of the said Act in the facts and circumstances of the case and reasons stated above inclusion of their names in the CIB rep......case is also Reported in: 52 DLR (HCD) (2000) 1. ......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....AT Act and hence the writ petition is not maintainable in law. 6. An affidavit-in-reply has been filed by the petitioner to the affidavit-in-opposition filed by the respondent No.1 reiterating the facts stated in the writ application and stating further that there was no basis before the responde...... Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Oram Limited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: ......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..Category: Fiscal/Taxation Law | Date: | Hits: 91
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