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Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)

........................Petitioner Vs. Administrator of Waqf, Government of Bangladesh and others …..Opposite Party Judgment July 25, 2001. Lawyers Involved: Fazlul Karim with Abdul Barek Choudhury, Advocates—For the Petitioner. (In both the Writ Petitions) SM Zillul Hoq, Advo......nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ..

Category: Trust/Waqf Law | Date: | Hits: 180

Trading Corporation of Ban­gladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)

....ner submits that the preliminary objection is untenable. He urges that the claim being a maritime lien this Admiralty Court has every jurisdiction to entertain the suit and to arrest the ship. At the Bar the learned Counsels of both the parties cited decisions in support of their contentions. 7. ......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advo­cate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 175

Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)

....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..

Category: Criminal Law | Date: | Hits: 32

Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)

....said Parishad. 2. Facts relevant for the purpose of disposal of this Rule may briefly be stated thus:— Chandina Upazila comprises of 12 (twelve) Un­ions including Galla (North), Maizkhar and Barcra (South), under section 4(3) of the Local Government (Upazila Parishads and Upazila Administra......n Parishads. 11. The concept of "representative members" in the Local Government Institutions was introduced in the Basic Democracies Order, 1959 in the Constitu­tion of the then Thana and Tahsil Councils in arti­cles 13(2) and 14(2) respectively, making thereof the Chairman of Union Councils a..

Category: Election Law | Date: | Hits: 92

President, National Tuberculo­sis Relief & Rehabilitation Society Vs. Md. Maftabuddin Chowdhury, 1988, 17 CLC (HCD)

....ains that even before the House Rent Con­troller rents were paid in lump and there cannot be any waiver by the House Rent Controller. Certain decisions have been referred to by the lawyers at the Bar in this regard to which I shall advert now. 14. In the case of M/s. Abdul Hoque vs. Zakir Hos......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date. Ed. This Case is also Reported in: 41 DLR (1989) 103...

Category: Property Law | Date: | Hits: 28

Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)

....stated that defendant No, 1 had purchased the suit property in 1973. He stated that defendant No.1 has been in possession of the suit property. 26. DW 3 Mustafizur Rahman, an Advocate of the Bhola Bar Association, stated in his evidence that he knows the parties. He stated that the value of the s......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550...

Category: Civil Law | Date: | Hits: 81

Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)

....LD 60; DLR 1955 Lah 3; AG, West Pakistan vs. Shabir Ahmed 15 DLR (SC) 355; Tahera Nargis vs. Shamsur Rahman 1990 BLD 73 = 41 DLR 508; LD Jackwel vs. State of UP AIR 1984 (SC) 1374; Passotam Saram vs. Barlnanand (ILR 50 All 41). Lawyers Involved: MA Samad with MGH Ruhullah, Advocates—For the......ion is maintainable. The learned Advocate further submits that even if it is admitted for argument’s sake that the Federation is not a statutory body but it is controlled by the Bangladesh Swimming Council, a statutory body which provides for election of the federation under the supervision and co..

Category: Civil Law | Date: | Hits: 70

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

.......... Respondent Judgment July 17, 2008 Cases Referred to- Khandaker Mostaque Ahmed vs. Bangladesh 34 DLR (AD) 222; Anwar Hossain Chowdhury vs. Bangladesh 41 DLR (AD) 165; Justice Abdul Bari Sarker vs. Bangladesh 1994 BLD (AD) 64 = 46 DLR (AD) 37; Secretary, Ministry of Finance vs. Mas......confirmed all of them. On 23-8-04 the alliance Government appointed 19 Additional Judges. 39. Against such appointment, the National Media, the Supreme Court Bar Association and the Bangladesh Bar Council raised serious objections. In spite of national outcry against such appointments, the allian..

Category: Constitutional Law | Date: | Hits: 252

Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)

....med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ......med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ..

Category: Family Law | Date: | Hits: 179

Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)

....defendant’s favour at the trial. The Court must weigh one need against another and determine where the balance of convenience’ lies.” 8. After scrutiny of the above decisions as cited at the Bar, we are of the view that scarcity of land pressure for accommodation either for residential or c......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515...

Category: Property Law | Date: | Hits: 33

Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)

.... that the Judgments and orders passed by both the Courts below should be set aside. I have to decide now, what should be the appropriate order that I should pass. There has been a suggestion from the Bar that I should send the case back, on remand, to the learned Subordinate Judge for its disposal b......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...

Category: Property Law | Date: | Hits: 37

Bangladesh Shipping Lines Ltd. Vs. Commissioner of Customs, Chittagong and others, 2002, 31 CLC (HCD)

....dment is well founded, in the fact and circumstances of the case. 12. In order to appreciate the conflicting submissions of the learned Advocates, we consider first the authorities as cited at the Bar. 13. In the case of Malik & Huq and another Vs. Muhammad Shamsul Islam Chowdhury, 13 DLR ......ts and grant relief to the parties accordingly, if so doing it can shorten litigation and best attain the ends of justice." 23. Besides, we find in the case reported in PLD 1948 (PC) 73, the Privy Council held that amendment of the pleadings can be allowed even when a legal right has accrued to t..

Category: Procedural Law | Date: | Hits: 60

Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)

....nstance of witness Syed Ahmed Chowdhury this Rule was issued calling upon the opposite party Nos. 1 to 4 to show cause as to why the order dated 29-7-97 passed by the learned Divisional Special Judge Barisal in Special Case No. 46 of 1996 should not be set aside. 2. On the basis of a First Inform...... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ..

Category: Criminal Law | Date: | Hits: 29

MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)

....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..

Category: Civil Law | Date: | Hits: 125

Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)

....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505...

Category: Property Law | Date: | Hits: 28

Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)

....que J Shafiqul Huq (Md.)………….. Petitioner Vs. Mina Begum ………………….Opposite Party Judgment March 23, 2002. Cases Referred To- Bashirrullah Munshi vs. Abdul Bari Bepari, 21 DLR (Dhaka) 183; Arifa Begum vs. Khalique Mohammad Naqvi, 21 DLR (WP) 209 and Golam ......ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481...

Category: Family Law | Date: | Hits: 185

Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)

....The Janata Bank, Bangla­desh represented by the Managing Director & others...........Opposite Parties Judgment November 30, 1988. Cases Referred to- Asstt. Gen. Manager, Rupali Bank, Barisal & ors. Vs. Nurul Islam Miah, 39 DLR 167, the Managing Director, Janata Bank Vs. Hafijudd......he result, the Rules issued in Civil Re­vision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...

Category: Employment/Service Law | Date: | Hits: 76

Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)

....passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62.......t the requirement of adherence to the provisions of section 164(3) Cr.P.C. is not a mere matter of form, but substance. Section 164(3) is a mandatory provision of law as has been settled by the Privy Council in the case of Nazir Ahmed. Vs. The King Emperor, AIR 1936 P.C. 253. Before recording a conf..

Category: Criminal Law | Date: | Hits: 31

Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)

....the waqf estate. 7. In such view of the matter the High Court Division has rightly set aside the order of the learned Joint District Judge and direct­ed the court to appoint a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingl......point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639...

Category: Property Law | Date: | Hits: 27

Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)

....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......eported in 1993 BTD 31. In that case a special larger Bench of the Taxes Appellate Tribunal, Dhaka considering the various decision of the Apex Courts of the Sub-Continent and a decision of the Privy Council in the case of Colonial Sugar Refining Co. Vs. Irring (1905 AC 369) accepted contention of t..

Category: Fiscal/Taxation Law | Date: | Hits: 55