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Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......suit between the same parties the Magistrate acted without jurisdiction in initiating the impugned proceeding under section 145, CrPC. Having gone through the said decision we find that the underline principle on which both High Court and Appellate Division acted in that particular case is that over......nt Nozrul Islam Chowdhury J.- The Rule under Section 561A of the Code of Criminal Procedure was issued on 23-11-98 calling upon the Deputy Commissioner, Dhaka as well as opposite party No.2, the informant to show cause as to why the proceedings in Mohammadpur PS Case No.40(11) 98 arising out of P......efence and in deciding a proceedingunder Section 561A of the Code of Criminal Procedure this Court need not look into those papers rather the scope as laid down by the highest Court of the Country in determination of applications under section 561A is not wide enough rather this Court is required to..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ...... same accused persons against whom the police has already submitted charge sheet is not meant. In the case of State Vs. Abul Quashem 27 DLR 342, it has been observed:- “We are not aware of any "principle of law" under which an investigation which has resulted in submission of a charge-sheet ag...... against the four accused persons on 31.08.1979 under section 147, 427 and 352 and 379 of the Penal Code. On 29.09.1979 the accused persons filed a petition stating that in order to harass them the informant party has falsely started a series of civil and criminal and revenue case against them The......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ..Category: Criminal Law | Date: | Hits: 93
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
....itional District Judge and another for theJoint Registrar, Divisional Cooperative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ......itional District Judge and another for theJoint Registrar, Divisional Cooperative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ......and order dated 27.10.2009 passed in Miscellaneous Appeal No.27 of 2009 in respect of the opposite party Nos.1-4 being appellants of the said Appeal. 2. Earlier a Rule was issued on the matter and for disposal of the Rule the relevant facts are briefly stated below: 3. Petitioner's case. Th......পজেলা পল্লীউন্নয়ন অফিসার। It is not clearwhether these letters were at all brought to his notice. These two letters appear to be material documents for determination of the legality of the voter list. 31. Thus it appears that some questions of fact ..Category: Others | Date: | Hits: 140
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......uded, Civil Courts have jurisdiction to examine the cases as to whether the provisions of an Act have not been complied with or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure. 5. However it appears from the application for rejection of pla......ide Suit No.142 of 1989 of the 1st Court of Subordinate Judge, Barisal, is directed against an order dated 3‑10‑89 rejecting this defendant's application filed under Order 7, rule 11, CPC praying for rejection of the plaint. 2. Plaintiffs‑opposite parties have instituted the suit for declar......n to try all suits of a Civil nature excepting suits of which their cognizance is either expressly or impliedly barred." 4. Thus generally speaking Civil Courts can try all suits which involve the determination of any Civil right except those whose cognizance is "either expressly or impliedly bar..Category: Trust/Waqf Law | Date: | Hits: 131
....2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
......etween a guarantor, a creditor and the principal debtor. It has also been argued at length that the issuance of the two letter of guarantee are not necessarily in conflict with the "pay to be paid" principle for the simple reason that these operate within separate conceptual and functional spher......These are two Applications filed on behalf of the Defendant Nos.1 and 2 in both cases under Order 1, Rule 10 (2) of the Code of Civil Procedure hands of the two P. & I. clubs have in a sense been forced in such a way by the plaintiffs in these suits that the two P. & I. clubs are expected to......2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)
....d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ....... AKM Ali, Advocate - For Defendant No.1. Admiralty Suit No.12 of 2009. Judgment AFM Abdur Rahman J.- By this application the defendant appellant Continental Traders (BD) Ltd. prays for dismissing the suit as not being maintainable. 2. The plaintiff GE Sea Company Service Ltd. a......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 320
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......the defendant is directed against judgment and decree dated 5-3-1998 passed by the learned subordinate judge, first court, Satkhira in title Suit No.9 of 1995. 2. The plaintiff instituted the suit for declaration of title by settlement, S. A. Khatian is wrong and also the suit land is not veste......e learned Advocates of both the parties and also placed for judgment with the name of the learned Advocate of the respondent but none appeared to support the plaint case. 8. The question calls for determination is whether the entry of the plaintiff in the suit land on the basis of amolnama can be..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....o proceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......r arriving at a correct decision on framing specific issues by the trial Court. 48. In the case of Nurunnessa and others Vs. Mohibuddin Chowdhury and others, 49 DLR, 234, it has been held settle principle of law is that in deciding the question as to whether the plaint should be rejected the Co......-Tax, Madras, AIR 1957 SC 49, at page 58; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216. Lawyers Involved: Md. Aminul Islam, Advocate for Omar Sadat, Advocate - For the Appellant. Shams Uddin Babul, Advocate - For the Respond......ether the Court fee paid was sufficient or whether the suit is barred by limitation or whether the Court has jurisdiction to entertain the suit has been adjudged as preliminary issues and it requires determination under this rule, if pressed by a party at the appropriate stage of the suit. The statu..Category: Civil Law | Date: | Hits: 200
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......mad Kamal Vs. Ahmed Ali and others reported in 87 IC (1925)-746 and other case is Gajanan Chintaman Deshpande and others Vs. Karnatak Glass Industries and others reported in AIR 1971 Mysore, 241. The principle enunciated there is that the decree holders right to apply to make the preliminary decree ......tition No.3707 of 2003. Judgment Md. Awlad Ali J.- This Rule arises out of an order dated 24.4.2003 passed by the Joint District Judge and First Artha Rin Adalat, Dhaka allowing the application for making preliminary decree final under Order 34 Rule 5 of the Code of Civil Procedure. 2. Brie......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ..Category: Limitation Law | Date: | Hits: 162
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......t Nozrul Islam Chowdhury J.- This Rule Nisi was issued on 08.06.1997 calling upon the Respondents to show cause as to why Fazlu alias Hafiz alias Hafizur Rahman alias Happy should not be brought before this Court so that it may satisfy itself that he is not being held in an unlawful manner and to......g the character and propensities of the prisoner. These and similar considerations bear direct nexus with the safe custody of the prisoners as they are aimed primarily at preventing their escape. The determination of the necessity to put a prisoner in bar fetters has to be made after application of ..Category: Constitutional Law | Date: | Hits: 219
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......there is no express provision permitting such party to prefer an appeal against such an Order. This omission, however, cannot be understood to amount to prohibition. The Court ought not to act on the principle that every procedure is to be taken a prohibited unless it is expressly provided for." ......r against the judgment and Order passed in Miscellaneous (pre-emption) Case No.17 of 1996. The said Miscellaneous Appeal was subsequently transferred to the Subordinate Judge, 1st Court , Gazipur for disposal, who by judgment and Order dated 30-8-2001 allowed the said appeal upon reversing the......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ..Category: Property Law | Date: | Hits: 117
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
.... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......ite party No.1 to show cause as to why the impugned judgment and order dated 29-5-2000 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Miscellaneous Appeal No.63 of 1993 disallowing the aforesaid Miscellaneous Appeal and affirming the judgment and order dated 30-1-1993 passed by the l...... way of counter affidavit by swearing affidavit and annexing those with the counter affidavit this Court for ends of justice can taken into consideration these documents which is most vital point for determination of the status of the pre-emptor as owner of the contiguous plot of land of the case la..Category: Property Law | Date: | Hits: 138
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......action and negotiation matter by Pre‑emptors had been proved by testimony of Ptr W 1 and Ptr W 2 and, thus, Preemptor's claim to pre‑empt property under Pre-emption proceeding stood barred by principle of waiver and acquiescence. Akhlasur Rahman and others Vs. Safarullah and others 1994 BLD ......8. Judgment AK Badrul Huq J.-Feeling aggrieved by a Judgment recorded by appellate Court allowing a Preemption Miscellaneous Case laid under section 96 of The State Acquisition and Tenancy Act (for short The Act) reversing Judgment passed by trial Court dismissing Preemption Miscellaneous Case...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..Category: Property Law | Date: | Hits: 116
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......of earlier order before the learned Joint District Judge referred to paragraph 8 of the said application where the petitioner placed before the Court as "according to mandatory provisions and settled principle of law related to Section 44A(1) of the Code of Civil Procedure, the judgment and decree o......08 impugning the judgment and order No.22 dated 14-7-2005 passed by the learned Joint District Judge, 4th Court Dhaka in Money Execution Case No.2 of 2004 rejecting the petitioner's application filed for dismissal of the said Money Execution proceeding and/or such other further order or orders as ......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......ppeared before the learned Subordinate Judge on 15‑5‑1994 but they did not file any written objection on that day. Ultimately the appellant filed a written objection on 20‑7‑1994. The settled principle of law is that an application under section 33 of the Arbitration Act read with section 30......rted from FMA No. 385 of1994). Judgment Syed Amirul Islam J.- This appeal arises out of a proceeding under sections 14 and 17 of the Arbitration Act. 2. The relevant facts that are necessary for the purpose of disposal of this appeal are that, the Progati Prakaushali an enlisted a class con......q to the effect that in the instant case the learned arbitrator had no jurisdiction at all to arbitrate upon the dispute between the parties and the fate of this revisional application depends on the determination of this question. 14. Mr. Badrul Huq, the learned Advocate for the second party app..Category: Alternative Dispute Resolution | Date: | Hits: 606
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......can exercise discretion in a suit for Specific performance of contract. But it does not mean that it is open to a Court to do just what it pleases in an individual case without regard to authority or principle. Granting a specific performance is not to be claimed as matter of right. It is in the dis......000 With Civil Rule No.263 (F) 2000. Judgment Siddiqur Rahman Miah J.- This appeal along with the Civil Rule being No.263(F) 2000 which has arisen out of this appeal is taken up together for disposal. 2. This appeal at the instance of the defendants is directed against the Judgment a......eason as such the impugned Judgment passed by the learned subordinate Judge does not suffer any illegality or legal infirmity so as to calling for interference by this Court. 21. Now the point for determination is whether the learned Subordinate Judge is justified in passing the impugned Judgment..Category: Civil Law | Date: | Hits: 102
....et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
......at, Dr. Frederick Samuel Hahneman invented the Science of Homeopathic system of medicine and treatment in 1796. Basing on his teaching and ideals Homeopathic Pharmacopoeia (book containing directions for preparing Homeopathic drugs and medicine) was published in Germany in 1825 and thereafter in var......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
..
Category: Others | Date: | Hits: 341
....‑96 which date incidentally happens to be the expiry date of the lease of respondent No.5 on the plea of extraneous circumstances or on any other plea. Annexure‑B is the relevant tender documents guiding and regulating the terms and conditions of the lease of respondent No.5 from 1‑7‑95 to 3......‑vis setting at rest the question of locus standi of the petitioner. In that case it has been held by their Lordships that when an authority over‑steps or commits breach of rule or even breach of principle of natural justice. the aggrieved person can file and maintain a writ petition. In the ins......sman. He also deals in the business of running ferry ghats. He was a major partner of M/s Liakat Ali in running Ashuganj‑Bhairab Ferry ghat (hereinafter referred to as the Ferry ghat) under a lease for 1994‑1995. Respondent No.4 invited tenders by public advertisement in the national dailies for......out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
..
Category: Civil Law | Date: | Hits: 178
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ...... may, save as is otherwise provided by the last preceding section, revoke the authority given to his agent at any time before the authority has been exercised so as to bind the Principal." 14. The principle which has already been laid down in this regard is "that where an agreement is entered int......he remaining installments to the House Building Finance Corporation. The petitioner came to know about it from a letter from the House Building Finance Corporation and also from the newspaper and was forced to file on 19‑5‑82 a suit for cancellation of the General Power of Attorney, in the Court......115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ..Category: Civil Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......ient cause for readmission of an appeal dismissed for default has been made out or cot is not one which can be decided with the aid of judicial decisions, except insofar as the decisions lay down any principle of universal application. Each case must depend upon its special facts and must be determi......d 28.5.82 passed by the learned Subordinate Judge 3rd Court, Dacca in Miscellaneous case No.7 of 1977 arising out of money suit No.26 of 1974. 2. The respondent No.1 as plaintiff instituted the aforesaid money suit No.26 of 1974 in the 3rd Court of Sub ordinate Judge. Dacca against the pro form......missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..Category: Procedural Law | Date: | Hits: 143
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