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Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....gh Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Borhanuddin J Allama Delawar Hossain Sayedee…………………………..Petitioner Vs. Bangladesh, and others…………………………Respondents Judgment August 12, 2009. Result: Th...... Constitution and why the respondents should not be directed to permit the Petitioner to leave and re-enter Bangladesh and/or pass such other or further order or orders as this Court may seem fit and proper. 2. It is stated that the Petitioner is a scholar of international repute in Islamic matte..Category: Constitutional Law | Date: | Hits: 147
Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....ant (In Custody) Vs. The State…………………………Respondent Judgment May 8, 2007. Result: The appeal is allowed. The Arms Act, 1878 (Act No. XI of 1878); Section 19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for con......t no arms and ammunition was recovered from the control and possession of convict appellant Mirza alias Mizan and the learned special Tribunal most illegally convicted the accused appellant having no proper evidence. He further submits that convict appellant is innocent and as such the appeal should..Category: Criminal Law | Date: | Hits: 65
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....his Case is also Reported in: 61 DLR (HCD) (2009) 131. ...... Ishaq Ali (the plaintiff) instituted Title Suit No. 31 of 1970 on 26th March, 1970 for Specific Performance of Contract against the opposite parties (the defendant) in respect of the suit lands (the property) which on transfer was renumbered as Title Suit No. 68 of 1983. 2. Short facts of the pl..Category: Civil Law | Date: | Hits: 138
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....t Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Md. Enamul Haque…………………….Defendant-Petitioner Vs. Md. Ekramul Haque and others…………………..Plaintiff-Opposite Party Judgment January 3, 2011. Resul......ourt competent to try the same. 2. Plaintiff instituted Other Class Suit No.11 of 2002, renumbered as Other Class Suit No.4 of 2006 and Other Class Suit No.26 of 2003 for partition of the schedule property. Defendant No.1 petitioner filed written statements in both the suits and contesting the sa..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....Supreme Court High Court Division (Statutory Original Jurisdiction) Present: AFM Rahman J LMJ International Ltd. India…………………………Plaintiffs Vs. MV BK Ace and others…………………………Defendant Judgment December 7, 2010. Result: The......ing documents arises. He submits that in the present case since the defendant No.5 sent discrepant the L/C opening Bank returned the same to the correspondent Bank i.e. BNP PARIBAS and as soon as the proper documents will be available in the hands of L/C opening Bank the plaintiff will submit the sa..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
.... (HCD) (2009) 112. ......der as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982) section 3 The Law of Acquisition gives the Deputy Commissioner power to acquire property in two likely situations. Firstly, if the property is needed and secondly, if the property ..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
.... also Reported in: 64 DLR (HCD) (2012) 458. ......) of the Prevention of Corruption Act 1947, now pending in the Court of Special Judge, Bogra should not be quashed and /or pass such other or further order or Orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rule in short are that: - One Md. Belial Hossain,..Category: Procedural Law | Date: | Hits: 86
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
.... evidence or misinterpretation or misreading of the relevant law affecting the entire merit of the case…………………………..(10) Mere entry in the record of right shall not create right and title over any property without any corroborative evidence and materials……………………......erpretation or misreading of the relevant law affecting the entire merit of the case…………………………..(10) Mere entry in the record of right shall not create right and title over any property without any corroborative evidence and materials…………………………..(11) Cas..Category: Procedural Law | Date: | Hits: 83
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....Court High Court Division (Criminal Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Nurul Hoque.....................Petitioner Vs. Bazal Ahmed and 3 others……………………..Opposite Parties Judgment April 2, 1995. Result: T......nd prosecution is permissible if the order of discharge was not passed on merits. If cognizance is taken on the basis of a fresh complaint there can be no objection to the proceedings at all and in a proper case an application for revival also may amount to a fresh complaint. A naraji petition is a ..Category: Criminal Law | Date: | Hits: 138
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....ng Corporation, 10 DLR 307; Albert David (Bangladesh) Ltd. Vs. Brestern Shipping Company Ltd, 1983 BLD 3 =34 DLR 362; Karachi Steam Navigation Vs. Ebrahim Gani, PLD 1957 (Karachi) 315; Konsumex Vs. Ananda and Co, AIR 1981 Calcutta 298; Chittagong Steamship Corporation Ltd. Vs. Central Insurance Comp......e vehicles were manufactured in 1980 had been issued by an authority which had not seen/ inspected the vehicles and engine spare parts. He argued that Customs Authorities had released the goods after proper examination of the goods and the related documents and, as such, the argument is not tenable...Category: Limitation Law | Date: | Hits: 174
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....Garments (Pvt.) Ltd…………Petitioner Vs. Artha Rin Adalat, Dhaka .......Respondents Judgment April 23, 2008. Result: The Rule is discharged with a cost of Taka 5,000 (five thousand). Application of writ juridiction against the judgment and decree passed by the Artha Rin Ada......dent No. 3, Bangladesh Shilpa Bank (BSB), supports the impugned judgment and decree and order dated 1-10-2006 passed by the Artha Rin Adalat No. 1, Dhaka which was, according to him correct, just and proper. He submits that the instant writ petition has filed by the petitioner challenging the impugn..Category: Civil Law | Date: | Hits: 170
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....ecial Original Jurisdiction) Present: Tariq-ul Hakim J Afzal Hossain Ahmed J Md. Shafiqul Islam, son of late Sekendar Ali, village-Uttar Chartha, Police Station Kotwali, District-Comilla and Section Officer (now dismissed), College Section, Board of Intermediate and Secondary Education,......e report of the Enquiry Committee dated 20.5.1996 and no other papers, giving him only 24 hours time to reply to the second show cause notice dated 26.5.1996 which was quite insufficient for giving a proper and effective reply to the wild and baseless charges brought against him. Thereafter, the Res..Category: Labour and Industrial Law | Date: | Hits: 2706
Abbas Ali and others Vs. Sharif Hossain Chowdhury and othÂers, 2010, 39 CLC (HCD)
....gree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......the learned Joint District Judge, Commercial Court No.2 Dhaka dismissing Title Suit No.57 of 2001. 2. Plaintiffs in the foresaid suit prayed for a decree declaring his 16 annas title over the suit property mentioned in the schedule to the plaint with further declaration that the deeds of both the..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....ablishment of charge against accused lies upon prosecution which must prove charge substantially as laid down i.e. to prove to guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evid......ht against them. 15. In the face of submissions advanced by the learned Advocates for the contending parties we are now called upon scrutinize the material evidence on record in order to come to a proper decision in these appeals. The prosecution has examined 14 witnesses. 16. P.W. 1 Tofael..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......dgment and order of conviction and sentence is liable to be set-aside. 11. On the other hand, Mrs. Ambia Bulbul Reza, the learned Assistant Attorney-General, subÂmits that the Special Tribunal on proper consideraÂtion of the evidence on record rightly found the appellants guilty. She further su..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
.... Criminal Procedure, 1898 (Act No. V of 1898); section 561A Whether the inherent power under section 561A of the Code of Criminal procedure can be exercised in setting aside the Judgment and order of the Additional Metropolitan Sessions Judge The inherent power of the High ......at "when the law gives anything to anyone it gives also all those things without which the thing itself could not exist"……………………………(12) The High Court Division in a proper case possesses the inherent power to quash any proÂceeding, judgment or to set aside decisio..Category: Procedural Law | Date: | Hits: 94
Category: Property Law | Date: | Hits: 120
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment September 14, 2003. Result: The Election Petition is allowed. Whether submission of the expenses return is substantial compliance of the law and swearing of the affidavit at the end of the return is a mere formality. The swearing of an a...... a Hindu and distributed lacs and lacs of copies of the same within the constituency inviting the Muslim voters not to vote for Awami League and the Hindu candidate. (vii) In various ways and by improper means by branding the Petitioner as a 'Kafer' and identifying the Awami League as anti-Islam ..Category: Election Law | Date: | Hits: 300
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....ate Jurisdiction) Present: Md. Arayes Uddin J SM Emdadul Hoque J Hazi Shamul Alam………………………Appellant Vs. Dr. Ashim Sarkar and others………………………Opposite Parties Judgment August 22, 2006. Result: ......cial Court and Joint District Judge, Chittagong and finally renumbered as Partition Suit No.72 of 2003 before the 1st Court of Joint District Judge, Chittagong, praying for buying-up the 3rd schedule property to the plaint sold to this appellant by registered deed of exchange bearing No.786 executed..Category: Property Law | Date: | Hits: 132