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Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)

.... to have been made under Ordinance No. XXXIII of 1961 and hence the present suit comes within the mischief of the section. Inviting my attention to the decision of the Judicial Committee of the Privy Council in the well known, case of Secretary of State Vs. Mask, AIR 1940 PC 105, an argument has, ho......Secondary Education, Jessore as defendant Nos.1 and 2 as well as Mr. Derajuddin Ahmed, Headmaster of Jhalakati Government High School and Secretary, Jhalakati Secondary School Certificate Examination Centre Committee and another Mr. AMMM Abdul Hali, the then SDO Jhalakati and Chairman of the said Ex..

Category: Civil Law | Date: | Hits: 84

Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)

....a necessary corollary to rule (iv) and it is impliedly involved in the decision of the Court in Dowell Vs. General Steam Navigation Co., which was approved in The Volute, in the decision of the Privy Council in British Columbia Electric RY Co. Ltd, Vs. Loach, and in the decision of the House of Lord......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 177

Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)

....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ..

Category: Property Law | Date: | Hits: 92

Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......f the arrear rent and Md. Ilias filed House Rent Case No.598 of 1959 for eviction of Khatimunnesa. Monjurul Hoque filed false complaints before the Anti-Corruption Department and the Martial Law News-Centre. Rasheda Begum was a pardanishin lady. At the ill advice of Manjurul Haque, the then-in-charg..

Category: Property Law | Date: | Hits: 72

Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

....tment process was vague. The Ministry of Law and Justice advised the Establishment Division to set up an enquiry commission over the matter and the said proposal was not accepted by the Ministry. The Council of Advisors by its resolution dated 27th May, 2007 requested the PSC to cancel the result of......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ..

Category: Constitutional Law | Date: | Hits: 247

Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)

....eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324...

Category: Others | Date: | Hits: 136

Mahinuddin (Md) and others Vs. Controller of Examination, Dhaka University and others, 1991, 20 CLC (HCD)

....allegations received with regard to irregularities and unfair means adopted in the degree honours examination of 1997 which was held in 1989 in the Jagannath College, Examination Centre. The Teachers Council of the Jagannath College met in an emergent general meeting on 7.8.90 which was presided ove......to inquire into some allegations received with regard to irregularities and unfair means adopted in the degree honours examination of 1997 which was held in 1989 in the Jagannath College, Examination Centre. The Teachers Council of the Jagannath College met in an emergent general meeting on 7.8.90 w..

Category: Others | Date: | Hits: 153

Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)

....k nor did take care of her but on 13.03.1988 married another lady without taking previous permission of the complainant-respondent No.1 and also without giving any notice to the Chairman of the Union Council and the accused-appellant also did not divorce the com­plainant-respondent No.1. 3. The ......suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314...

Category: Family Law | Date: | Hits: 185

Meghna PET Industries Limited and another Vs. 2nd Court of Artha Rin Adalal and another, 2009, 38 CLC (AD)

....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. ......ited company incorporated under the Companies Act, 1913 having its regis­tered office at Chamber Building (6th Moor), 122-124, Motijheel Commercial Area, Dhaka-1000, Bangladesh and main office BRAC Centre (8th Moor), 75, Mohakhali, Dhaka-1212, Bangladesh (hereinafter referred to as "the Investor" ..

Category: Civil Law | Date: | Hits: 78

Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)

....urt is necessary under section 195(i)(c) for prosecution of the alleged offenders. 12. In the case of Sanmukhsingh and others Vs. The King, reported in AIR 1950 PC 31, their Lordships of the Privy Council held as follows: "Where the document in respect of which a charge of forgery had been lai......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ..

Category: Criminal Law | Date: | Hits: 83

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....rred to the case of KK Das Vs. Amina Khatan Bibi reported in AIR 1940 (Cal.) 356=44 CWN 247. Mr. Khandker has also referred to some of the decisions referred in the aforesaid case including two Privy Council decisions in support of his contention. 11. Mr. Khandker Mahbubuddin Ahmed, the learned A......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ..

Category: Property Law | Date: | Hits: 110

Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)

....n which it can be vacated in law, the bar created by section 11 is automatically removed. In support of this decision reliance has been placed upon some observation of the Judicial Committee of Privy Council in an earlier case that "The provisions of section 11 of the Code are mandatory and the ordi......or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526...

Category: Procedural Law | Date: | Hits: 86

Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)

....mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ......rther set aside the whole election. 7. The learned Judge came to the finding that the petitioner resorted to corrupt practices in the election at Kadamtali Madrasha and Gangaprashad Primary School Centres and that the petitioner was a defaulter within the meaning of section 7(2)(g) of the Local G..

Category: Election Law | Date: | Hits: 139

Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)

....ther person on his behalf which is disproportionate to his known sources of income. (vi) The District Anti‑Corruption Bureau investigated the case without any approval from the Anti‑Corruption Council and the investigation was not initiated by the Director General, Bureau of Anti­ Corruption......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ..

Category: Criminal Law | Date: | Hits: 104

Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)

....) 389; 39 DLR, 306; Eagle Star Insurance Co. Ltd. and another Vs. The Gwalior Transport Ltd. and another, AIR 1975 (Karnatak) 200; Fazle Karim Khan Vs. Naderuzzaman and other, 10 DLR (1958) 632; Arts Council of Pakistan Vs. Raizuddin Pirzada, PLD (Karachi) 1969 P 349; Charles S Brown Vs. Albert Donu...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ..

Category: Administrative Law | Date: | Hits: 189

M Mahmood Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and another, 1991, 20 CLC (HCD)

....tisfy itself that the detenu is not being held in custody without lawful authority or in an unlawful manner. The theory of subjective satisfaction as propounded by the Judicial Committee of the Privy Council in the case of Liversidge Vs. Sir John Anderson and another (1942 AC 206) is being followed ......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case. Ed. This Case is also Reported in: 43 DLR (1991) 372. ..

Category: Constitutional Law | Date: | Hits: 178

Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)

....tract by the defendant No. 1. So the plaintiff is not entitled to any compensation. 42. In the case of Jaggo Bai Vs. Hari Har Prosad Singh reported in PLD 1947 PC 406 it has been held by the Privy Council that the plaintiff is entitled to reasonable interest on the earnest money from the date of ......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..

Category: Civil Law | Date: | Hits: 92

Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)

....ndant No. 2 left the Hotel then and there and went straight to Kawkhali via Barisal and got this alleged petition drafted which was recommended by an MPA and several Chairmen and Members of the Union Council and addressed the same to the Governor. These statements made in that petition are all true ......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...

Category: Civil Law | Date: | Hits: 89

Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)

.... The State......................................Opposite Party. Judgment February 15, 1990. Cases Referred to- Zeheda Bewa and another Vs. The State, 37 DLR at page 66; AIR 1936 Privy Council at page 253. Lawyers Involved: Lutfur Rahman Mondal, Advocate ‑ For the Petitioner.......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ..

Category: Criminal Law | Date: | Hits: 74

Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)

..... Hawkesford, 37 LJ 248; Secretary of State Vs. Mask & Co., AIR 1940 PC 105; Rajnandan Prasad Vs. Mukh Lal Gir and others, AIR 1931 Pat. 182; Pratap Chandra Jana Vs. Secretary of State for India, Council CLJ Vol. XXXV (1922) 304. Lawyers Involved: Shahabuddin Faiz, Advocate ‑ For the Pet....... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...

Category: Civil Law | Date: | Hits: 79