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Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....for foundation and piling. Since 1991, the plaintiff on many occasions approached to defendant to waive second and third instalments with interest for 62,10,217 but with no effect. Finding no other alternative, on 234-1994 the plaintiff served legal notice to defendant to waive second and third ......gh Court Division (Civil Appellate Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Chairman, RAJUK.........Appellant Vs. Abdul Matin Crore..........Respondent Judgment May 25, 2006. Cases Referred To- Moslem......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..Category: Property Law | Date: | Hits: 31
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....han Branch for loan; that on being confirmed about the sanction of loan by the IFIC Bank Ltd., the plaintiff tried to secure the "Deed of tripartite agreement/sale deed" but in vain. Finding no other alternative, the plaintiff served a legal notice upon the defendants requesting them to execute and ......Das vs. The New Mofussil Co Ltd. and others AIR 1946 Privy Council 97; Rezaur Rahman and others vs. Ahmed Hossain Khan 1986 BLD 14. Lawyers involved: Amir Hossain with Shueb Ahmed, Advocates—For the Appellants. MA Malek, Senior Advocate with SM Shahjahan, Moinuddin and Md. Ariful Islam, A......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ..Category: Business or Commercial Law | Date: | Hits: 208
....য়েছে/উত্তরপত্রে দুই হাতের লেখা রয়েছে"
"From the plain reading of the aforesaid allegations, we find that the authority has brought 3 alternative charges without specifying charges against each and every petitioner. It is evident on r......................Petitioners
Vs.
Controller of Examination, National University, and others………..Respondents
Judgment
May 4, 2005.
Lawyers involved:
Md. Tajul Islam, Advocate—For the Petitioners
AHM Mushfiqur Rahman, Assistant Attorney-General — For the Respondents.
M......e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
..
Category: Others | Date: | Hits: 72
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......er Vs. State…………………………………………………..Opposite Party Judgment August 31, 2005. Lawyers involved: Maqbul Ahmed, Advocate — For the Petitioner. Shamim Ara Dora, Assistant Attorney-General with Shirin Afroz, Assistant A......ed. If he feels aggrieved, that can be compensated by the return of consideration money by filing of civil suit. Any action does not come under the purview of section 420 of the Penal Code. Where the remedy lies in the civil Court, one should not take the shelter of the criminal Court. The criminal ..Category: Criminal Law | Date: | Hits: 41
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......Case is also Reported in: 41 DLR (1989) 44. ......cumstances demand that some sort of incidental order is necessary for the ends of justice, but there is no provision in the special statute the District Judge is not powerless and he can grant such remedy under section 151 of the Code of Civil Procedure." 9. From this Mr. Zaman argued that if t..Category: Election Law | Date: | Hits: 100
Siddik Ali Vs. State, 1987, 16 CLC (HCD)
....tained earth, we find it difficult to place any reliance on the evidence of P.Ws. 1,2,4,6,8 and 12 or of 9 on the point of blood-stained articles or earth and in this view of the matter, we have no alternative but to hold that the prosecution has failed to prove the seizure of blood-stained articl...... Vs. The State...................................Respondent Judgment October 27, 1987. Lawyers Involved: Azizur Rahman Chowdhury with P.R. Dutta Chowdhury, P.K. Dhar, Advocates—For Appellant. Md. Fazlul Huq, Assistant Attorney General — For the State. Criminal Appeal No......tion and sentence passed on the appellant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ..Category: Criminal Law | Date: | Hits: 30
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......in, 7. Bangladesh Ship Building Industries Ltd…………….Opposite- Parties. Judgment July 3, 1985. Lawyers Involved: Khan Saifur Rahman, Advocate with M. Khalilur Rahman, Advocate - For Petitioners (In Criminal Revision 232 of 1984.) K.S. Nabi, Advocate- For opposite party No. 1.......in the petition and urged before us that the allegations made in the petition of complaint are of civil nature, that they do not disclose an offence of criminal breach of trust or any offence and the remedy of the complainant for alleged breach of contract lies in the Civil Court. On behalf of the p..Category: Criminal Law | Date: | Hits: 67
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......Indian Supreme Court holding that there is no hiatus between the two stages of reservation of judgment and pronouncing the judgment so as to make it necessary for the Court to afford to the party the remedy of an application under Order 9, rule 7 has no manner of application in the present case, nor..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......b Bangladesh Bank Ltd. …………….Appellant Vs. Ziauddin and others…………………………Respondent Judgment December 7, 1998. Cases Referred To- S K Panikar Vs. Travancore National and Quilon Bank Ltd 1942 (Madras) 351; Dalavai Nagarajamma Vs. State Bank of India, AIR......order of injunction the learned Subordinate Judge failed to appreciate this aspect of the matter. 11. Mr. Rokanuddin Mahmud submits that unless an injunction is granted the plaintiffs will have no remedy and they may be non-suited as in such suits injunction is the life. It is true that in some s..Category: Banking Law | Date: | Hits: 122
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......ers…………………… Petitioners Vs. Hosne Ara Lili…………..Opposite Party Judgment March 16, 2001. Lawyers Involved: Shafique Ahmed with Shahidul Islam, Advocates- For the Petitioners. Jamiruddin Sircar with Bazlul Ghani, Advocates- For the Opposite Party. Ci......tered into a monthly tenancy with defendant No.1. This was her case as, averred in the body of the plaint. 14. A suit under section 9 of the Specific Relief Act is a summary procedure and a prompt remedy for the person who was dispossessed of immovable property without his consent. The section gi..Category: Civil Law | Date: | Hits: 82
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....f after reconsideration of the objection the Full Court observes that still in their opinion recommendee is the right person to be appointed as a judge of this Court in that case there would be no alternative before the Executive but to appoint the recommendee as a judge. There may be causes or ......tion. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything that...... them by means of summary action for contempt, but rather the reverse." A pregnant observation made by the Court deserves mention: "It would indeed, be extraordinary if the law should provide a remedy, the conduct of even a member of the highest Judicial Tribunal in the exercise of his judic..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....if any of the National Plot Nos.15, 18, 20, 22, 24, 26, 28, 30,32 32A,25,27, 29,31,33,35,37 and 39 by the southern side to anyone by the RAJUK should be cancelled and those persons should be allotted alternative plots in any other suitable site. 12. We have already noticed that vacant space kept ......……………………….Petitioner Vs. Rajdhani Unnayan Kartripakkha and others………..Respondents Judgment June 9, 1999. Cases Referred To- Giasuddin vs. Dhaka Municipal Corporations 17 BLD 577=49 DLR 199; Miah Fazal Din vs. Lahore Improvement Trust 21 DLR (SC) 225 (13 &......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
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......is not entertainable and is dismissed. Case Referred to- FFUI Co. Ltd Vs. American President Lines, PLD 1992 (SC) 291. Lawyers Involved: Dr. M. Zahir with AKM Fazlul Haque, Advocates— For the Plaintiff. Muhammad Ohiullah with SK Siddique, Md. Al Amin Sarker Advocates—For the Defe......aintiff. 10. Dr. Zahir, the learned Counsel representing the plaintiff, has contended that the suit is in rem against ‘MV Sargodha’ under section 6 of Admiralty Court Act 1861 which provides a remedy for consignee of bill of lading. The bill of lading in the instant case was admittedly issued..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
....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.......
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7.......elop and finalise the plans and technical support on the basis of direction of the State Minister for Land. So the petitioner submitted an application to the Prime Minister and the State Minister for remedy (vide Annexure-J). In spite the same respondents published notice inviting fit bids in newspa..
Category: Civil Law | Date: | Hits: 92
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....ugust 1995 instead from the date of his declaration on 11-4-1994. The petitioner has filed the instant writ petition against an order passed by the Assistant Commissioner (VAT) without exhausting the alternative remedy available to it by way of filing an appeal to the Commissioner as provided in sec......ssioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: The Rule is made absolute Lawyers Involved: MR Hasan, Advocate—For the Petitioners. Md. Bazlur Rahman, Deputy Attorney-General with, Mostafa Zaman Islam, Assista......er for collateral purpose and malice in law and these letters of demand are without lawful authority and are of no legal effect. Under the above circumstances there being no other equally efficacious remedy provided by law, the petitioner moved this court and obtained the present Rule. 4. The pet..Category: Fiscal/Taxation Law | Date: | Hits: 91
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ...... The State. .......... Petitioner. Vs. Zakaria Pintu alias Md. Zakaria Pintu and others. ...... Respondents. Judgment June 6, 2010. Lawyers Involved: Ekramul Haque, Assistant Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdul Maj...... which an application for pre-arrest or anticipatory bail can be considered under Section 498 of the Code of Criminal Procedure. We wish to lay down as a first proposition that it is an extraordinary remedy, and an exception to the general law of bail which can be granted only in extraordinary and e..Category: Criminal Law | Date: | Hits: 68
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284.......li Akbar ………………………Petitioner Vs. Farijuddin and another………….. Opposite Parties Judgment November 16, 2000. Lawyers Involved: Qamrunnessa, Advocate—For the Petitioner. Not represented— the Opposite Parties. Civil Revision No. 6285 of 1991 (D......n ex parte decree, dismissed for default can be restored to its file and number on the strength of a Miscellaneous Case under Order 9, rule 4 of the Code of Civil Procedure in the face of efficacious remedy by way of appeal provided in the Code itself. 2. Propriety of an order dated 24-5-1987 rec..Category: Procedural Law | Date: | Hits: 83
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......is also Reported in: 53 DLR (2001) 254.......epealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punish..Category: Civil Law | Date: | Hits: 93
....im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......shem, 47 DLR (AD) 6; National Bank of India Vs. Yakub Ali, 7 DLR 606; Md. Ashid Ali Vs. Province of East Pakistan, 22 DLR 694.
Lawyers Involved:
Mahbubey Alam with Md. Shah Alam, Advocates—For the Petitioner
Khondakar Mahbubuddjn Ahmed with Subrata Chowdhury, BA Rashid, Promila Biswas, ......h order under section 151 of the Code as was also invoked in the application for mandatory injunction. When the order deems to have been passed invoking the provision of section 151 of the Code, only remedy available is under section 115 of the Code by way of revision. In support, he cites the decis..
Category: Civil Law | Date: | Hits: 84
....t the Administrator of Waqf, compelled the petitioner and his learned Advocate to go out from the Court and the petitioner was not intimated the next date of the proceeding and then having no other alternative the petitioner filed an application to transfer the case to any other competent court fo...... Ramna, Dhaka-1000 and Others…….....Respondents
Judgment
November 8, 2009.
Lawyers Involved:
Sk. Zalfiqur Bulbul Chowdhury, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner.
Abdul Wadud Bhuiyan, Senior Advocate instructed by Mrs. Sufi a Khatun, Ad......h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474...
Category: Trust/Waqf Law | Date: | Hits: 185
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