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....ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
......97 which is as follows:
"Local Authority" shall mean and include a Pourashava, Zilla Board, Union Parishad, Board of Trustees or a port or other authority legally entitled to, or entrusted by the Government with, the control and management of Municipal or local fund, or any Corporation or other b......l Authority" shall mean and include a Pourashava, Zilla Board, Union Parishad, Board of Trustees or a port or other authority legally entitled to, or entrusted by the Government with, the control and management of Municipal or local fund, or any Corporation or other body or Authority constituted or ..
Category: Election Law | Date: | Hits: 600
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....wn knowledge, of which he is supposed to be cognizant. . . the burden denotes the duty of establishing by a fair preponderance of the evidence the truth of the operative facts upon which the issue at hand is made to turn to be substantive law…………………………(18) The established pri......case in the file of the Additional Sessions Judge, 3rd Court, Rangpur, who framed charge against the accused persons in their presence under section 302/34 of the Penal Code and the charges were read over to the accused persons who claimed themselves innocent and prayed for trial. 5. At the trial......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....29) Cases Referred to- M/s Neyvely Lignite Corpn Vs. Spl Tahsildar (Land Acquisition), Novely, AIR 1995 SC 1004; Bangladesh, represented by the Secretary, Ministry of Administration Vs. Subash Chandra Das, 46 DLR (AD) 63; Alauddin Khandker Vs. Secretary Ministry of Land, 4 BLC (AD) 257; State ......€¦â€¦â€¦â€¦â€¦(23) The Acquisition and Requisition of Immovable property Ordinance, 1982; sections 2(d), 7(4), 12(1), 28 Under the Ordinance No. II of 1982, the respondents cannot approach the Government to reconsider the assessment made by the Government earlier, rather they can go to the Cou......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
.... at the rate of Taka 2004/-, whereas the petitioners standing on same footing are getting honorarium/allowance at lower rate of Taka 600/= only and are being discriminated thereby.
6. On the other hand Mr. J. K. Paul, learned Advocate appearing for respondent 2 submits that the petitioners in wri......pellate Jurisdiction)
Present:
Mohammad Bazlur Rahman J
Md. Ruhul Quddus J
Md. Atiar Rahman and others…........................................................Petitioners
Vs.
The Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberat...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:Â
..
Category: Civil Law | Date: | Hits: 104
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....der impugned against to have been passed without lawful authority and is of no legal effect. 4. Mr. Kazi Rehan Nabi, the learned counsel by filing Vokalatnama for the respondent-bank, on the other hand, opposes the Rule and submits that the Adalat was absolutely justified in passing the impugned ......efore, it cannot be said that section 46 in its entirety connotes a mandatory implication. This is only a directory one. Analogy of Section 28 of Ain does not fit in Section 46 of the Ain. 12. Moreover, the case was filed in the year 2008 by the bank where the petitioner as defendant did not even......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ..Category: Civil Law | Date: | Hits: 108
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....ry by the Magistrate or after considering the written statement called for from the parties. Hence the impugned order dated 16-1-2006 amounts to abuse of the process of the Court. 16. On the other hand, the order dated 12-9-2004 passed by the Magistrate in non GR No.70 of 2003 recording that, he ......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ..Category: Criminal Law | Date: | Hits: 105
....rcumstances of the present case being clearly distinguishable from those of the cited case and the decisions referred to above by Mr. Mostafa do not help the petitioner in any way
28. On the other hand, the decisions cited by the learned counsel for the opposite parties apply in fullforce in the ......reject the plaint when it appears that the suit is only for harassment and there is no possibility of success and the plaint ex-facie shows that the suit is not maintainable as all questions and controversies between the parties have been settled in earlier suit and the decisions have been upheld by...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....sferred to the Court of Assistant Judge, Kashba, Brahmanbaria and re-numbered as Title Suit No.28 of 2004 for trial. 3. That the case of the plaintiffs-opposite parties, in brief, are that Pandit Chandra Rudra Paul and Swarup Chandra Paul were original owners of the suit land of schedule No.1 and......y sold the property to defendant No.1 as at that time there was some restrictions in registration of minority properties as such a bainapatra was executed and the defendant No.1 paid the rent to the Government and the brother-in-law (sister's husband) of defendant No.1 used to possess and enjoy the ......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ..Category: Property Law | Date: | Hits: 112
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....e amount generally remaining on board such types of vessel during seagoing voyages. It is further stated that the NOC in respect of the vessel was issued without having knowledge about the ship beforehand. But subsequent to the inspection of the vessel, the Rule in Writ Petition No.6262 of 2008 was ...... of Shipping wished to withdraw the letter dated 13.08.2008 by which the NOC had been canÂcelled. Accordingly, the office of the Attorney General filed an affidavit expressing to the Court that the government had decided to withdraw the cancellation with a prayer that the Rule may be disposed of. B...... workers are working under the open sky and many of them were found working without any mask, gumboots or helÂmets. The persons-in-charge of the yard admitted that they did not have any facility for management of waste materials. There was no waste oil/sludge oil removal site/holding tank/asbestos/..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....lteration and a fight took place between the convict-appellants and the vilÂlagers in respect of irrigation of water into paddy field and consequently the villagers caught hold of the appellants and handed them over to the police. The further case of the defence is that the police being unsuccessfu......ns Judge, 3rd Court, Comilla for holding trial who framed charge against the convict-appellants along with two other accused persons under section 394 of the Penal Code. The charge so framed was read over and explained to the convict-appellants including two other accused perÂsons to which they ple......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....tence did not considÂer the defence witnesses. She further submits that in this particular case the FIR was lodged after long lapse of time which makes the prosecution case fatal. 9. On the other hand, Mr. Gazi Md. Mamunur Rashid along with Mr. Md. Asaduzzaman, the learned Assistant Attorney-Gen....... The prosecution case, in short, is that P.W.1 the informant, Lieutenant BN Md. Feroz Khan, RAB-3 Adamjee Nagar, Narayanganj along with accompanied forces on 6-10-2004 when was on Patrol duty for recovering unauthorized arms and arresting the miscreants of Demra, Sabuj-Sutrapur, Motijheel, Khilgoan......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ..Category: Criminal Law | Date: | Hits: 99
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....rials placed before this Court, decisions as referred to and provisions of law and heard the learned Advocates for the contesting parties. 13. On perusal of the same it appears that in the case in hand the parties entered into a contact for supply of goods and in the said contact/agreement a clau......he decisions in interpretation of law or application thereof, but such practice call only be her milted where there is a room for interpretation in case of any ambiguity and a Court of law cannot sit over the mind of the legisÂlature but can only explain and interpreted the law enacted by the Parli....... Accordingly, the application under secÂtion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....GM on 15-5-2012 or on any other date to amend the aforesaid articles in the manner as proposed. 4. The learned Advocate Mr. Rais Uddin Ahmed, appearing for the Respondent Nos.2 and 5, on the other hand submits that the petitioner has not come in clean hands before this Court. He further submits t...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......latory and preventive in nature and this jurisdiction is to be exerÂcised to protect interest of the minority shareholders from being prejudiced by the majority shareholders as well as to prevent mismanagement as regards the affairs of the company, either by majority of the members or by the direct..Category: Company Law | Date: | Hits: 129
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....ated 15-7-1987 informed the appellant Bank that they will receive delivery of the goods directly from the ship and requested the plaintiff Bank to release the shipping documents. The docuÂments were handed over to the defendant respondent by debiting its LIM account. 3. Subsequently, the defenda....... Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts for adjudication of the recovery of loans claimed by the financial institutions. This Ordinance was repealed by Artha Rin Adala......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....learly as follows:- (a) LTI on the first page occurs on the top right corner of the document just below the specified Government impression stating the value of the stamp. In the usual manner, the hand writings on this page are horizontally written below the LTI beginning from left to the last of......ad Hasan must be read bearing in mind the distincÂtion that is to be drawn between the true and the false Heba-bil-Ewaz. In my opinion the transÂaction falsely termed in India Heba-bil-Ewaz is not governed by the Mohammadan law of Heba, but is amenable to the general law in India relating to contr......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......: 3. The plaintiff- respondent-opposite party filed the Family Suit being No.75 of 2004 in the Family Court of Tangail Sadar under Section 5 (c) and (d) of the Family Courts Ordinance, 1985 for recovery of dower and maintenance alleging that the defendant marÂried her on 13-06-2003 according to ......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..Category: Family Law | Date: | Hits: 140
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....; Mosleuddin Vs. State, 38 DLR (AD) 311; Hazi Jamaluddin Vs. State, 1994 BLD 33; Habibullah Vs. State, 21 DLR (SC) 88; State Vs. Maqbul Hossain, 1986 BLD 34; Nurul Huq Vs. State, 1982 BCR 332; Paran Chandra Barai Vs. The State, 1982 BCR 293; Nousher Ali Sarder and others Vs. The State, 39 DLR (AD) 1......should be an information relating to the commission of a cognizance offence; (ii) if given orally to an Officer-in-Charge of a Police Station, it should be reduced to writing; (iii) it should be read over to the informant; (iv) it should be signed by the informant; (v) its substance should be entere......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....to his house with bad intention to damage the modesty of his wife, Monowara Begum. It is further stated that accused Enamul Came there and tried his level best to santch away the accused Aza from his hand but failed; that the accused Enamul called othÂers to make accused Aza free; that the witnesse......used is made out beyond reasonable doubt, then only conviction can be awarded. In such circumstances, the prosecution case has to rest on its own strength and not on the weakness of the defence. The governing prinÂciple is known as that of standard of proof. Absolute standard of proof does not exis...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
....ted. Therefore, dryness certifiÂcate (discharged of cargo from the ship) he issues and if the cargo is found short as per shore tanks survey then the carrier is not liable for the same. On the other hand defenÂdants examined no witnesses.
5. The trial Court after considering the issues, deposit......stained by the plaintiff was due to negliÂgence, carelessness, misconduct of the defendants, the defendants are liable to make good the loss sustained by the plaintiff. Hence the present suit for recovery of the bills.
3. The defendant No.1 and 2 contested the suit by filing written statement. I......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
.... by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail or on his own bond". On the other hand, sub‑section (1) and section 497 is as follows: "Where any person accused of any non baila......ant Attorney‑General ‑ For the State. Criminal Revision No.572 (suo‑motu) of 1996. Judgment Kazi Ebadul Hoque J.- This aforesaid suo‑motu Rule was issued by a Division Bench presided over by Mr. Justice Badrul Islam Chowdhury, calling upon convicted appellant Abdul Momin Sarder to s......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..Category: Criminal Law | Date: | Hits: 87
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