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Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)

....titioner Vs. Judge, Artha Rin Adalat, and another………………..Respondents Judgment November 20, 2008. Result: The Rule is discharged. Cases Referred to- Monsur Ali Vs. State, 55 DLR (AD) 131; Khalilur Rahman Vs. State, 33 DLR 12; Abdul Baset Chowdhury Vs. State, 13 BL......62 DLR (HCD) (2010) 446. ......: The Rule is discharged. Cases Referred to- Monsur Ali Vs. State, 55 DLR (AD) 131; Khalilur Rahman Vs. State, 33 DLR 12; Abdul Baset Chowdhury Vs. State, 13 BLC 713. Lawyers Involved: Abul Kalam Mainuddin, Advocate - For the Petitioner. No one appears - For Respondents No.1. Ho...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ..

Category: Civil Law | Date: | Hits: 140

Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)

.... Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abdul Hafiz J Rafiqul Islam…………………….Petitioner Vs. State and another……………………Opposite Parties Judgment February 23, 2009. Resul......) 377. ......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ..

Category: Civil Law | Date: | Hits: 150

Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)

....n/option in favor of the loanee, the appellant herein. 13. Third paragraph of the preamble of the Constitution reads as follows:— "Further pledging that it shall be a funda­mental aim of the State to realize through the democratic process a socialist society, free from exploitation— a soc...... Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtazuddin Ahmed J Md. Shamsul Huda J  Humayun Hossain Khan.............................Appellant Vs. Bangladesh & others………………………………….Respondent Judgment October ......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..

Category: Civil Law | Date: | Hits: 138

Alhaj Advocate Ahmed Ullah Foundation Vs. Dhaka City Corporation, Represented by the Mayor, Nagor Bhaban, Dhaka and others, 2011, 40 CLC (HCD)

....on (1972 2 ALL E R 589); Attorney General of Hongkong Vs. Ng Yuen Shin (1983 2 AC 629); Council of Civil Service Unions Vs. Minister far the Civil Service, GCHQ case (1985 AC 374); R Vs. Secretary of State for Home Department, ex parte Zegiri (2002 U K H L 3); R Vs. Secretary of State for Home Depar......igh Court Division Special Original Jurisdiction Present: AHM Shamsuddin Choudhury J Gobinda Chandra Tagore J Alhaj Advocate Ahmed Ullah Foundation ………………… Petitioner. Vs. Dhaka City Corporation, Represented by the Mayor, Nagor Bhaban, Dhaka and others …………......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ..

Category: Civil Law | Date: | Hits: 218

Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)

....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......is also Reported in: 16 MLR (HCD) (2011) 126. ......is discharged. Cases Referred to- Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 42 DLR (AD) at page 59. Lawyers Involved: No one appears - For the petitioners. Abul Kalam Chowdhury, Advocate - For the opposite party. Civil Revision No. 6066 of 2002. (Fro......osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ..

Category: Civil Law | Date: | Hits: 103

Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)

.... 11 BLC (AD) 59; Nur Islam Vs. Agrani Bank, 49 DLR (AD) 135; Anisminic Ltd. Vs. Foreign Compensation Commission, (1969)2 AC 147; Tamil Nadu Vs. Ramalinga Samigal Madam, (1985) 4 SCO 10, Dhulabhai Vs. State of MP (1968)3 SCR 662; AIR 1969 SC 78; Secretary of State Vs. Mask & Company, 671A 222; AI......upreme Court High Court Division (Civil)  Present:  Sheikh Abdul Awal J M. Moazzam Husain J Arab Bangladesh Bank Ltd................................Defendant-petitioner Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties ......n support of the submissions to the effect that a plaint cannot be rejected in part under Order 7 Rule 11 of the Code of Civil Procedure. The learned Advocate placed reliance in the case of Khandaker Abul Hossain Vs. Bangladesh reported in 54 DLR 467 and the case of Roop Lai Sathi Vs. Nachhattar Sin...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ..

Category: Civil Law | Date: | Hits: 141

Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)

.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......late Division (Civil) Present: Syed ABM Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Fazlur Rahman………………………………Petitioner Vs. Rajab Ali and others..................Respondents Judgment July 18, 1977. Result: ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..

Category: Civil Law | Date: | Hits: 111

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....t they have been made bona fide for the purpose of determining the real question in controversy, The introduction of a new story and new facts complete­ly ignoring the admissions made in the written-Statement can in no way be said to be necessary for the purpose of determining the real questions in......reme Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Azmal Khan.........................................Appellant Vs. Md. Afzal Khan and others…………….........Respondent Judgment March 2, 2011. ......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..

Category: Civil Law | Date: | Hits: 86

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545....... 56 DLR (2004) 545.......ee (NB), 28 DLR 449; Abdul Jalil Vs. Abu Bakar Siddique, 35 DLR (AD) 42; Bangladesh Muktijodha Kalyan Trust Vs. Nurul Hossain, 44 DLR 22; Ministry of Communication Vs. Md. Ferozur Rahman, 45 DLR 762; Abul Hayat Sarker Vs. MA Reza, 47 DLR 170; Chairman, Bangladesh Oil and Gas Vs. Md. Abul Kashem, 47 ......jodha Kalyan Trust Vs. Nurul Hossain, 44 DLR 22; Ministry of Communication Vs. Md. Ferozur Rahman, 45 DLR 762; Abul Hayat Sarker Vs. MA Reza, 47 DLR 170; Chairman, Bangladesh Oil and Gas Vs. Md. Abul Kashem, 47 DLR 413; Babul Kanti Das Vs. Abul Hashem, 47 DLR (AD) 6; Anwarul Hakim Vs. Ramiz Ali, 47 ..

Category: Civil Law | Date: | Hits: 74

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....AIR 1935 Calcutta 347; Ram Pertab and others Vs. G Marshall, ILR 26 Calcutta 702; Bazlur Rahman Vs. Bangladesh, 1990 BLD (AD) 66; West Bengal Vs. BK Mondal & Sons, AIR 1962 SC 779; Mulamchand Vs. State of Madhya Pradesh, AIR 1968 SC 1218; Pannalal Vs. Deputy Commissioner, Bhandara, (1973) 1 SCC ......04) 538. ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..

Category: Civil Law | Date: | Hits: 99

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

.... to- Sahera Bibi and others Vs. Abdul Motaleb and others, 17 DLR 373; Habibullah and others Vs. A Mujtaba and others, 34 DLR 418; Pardooll and three others Vs. Golzada and others, PLD 1995 SC 410; State of Uttar Pradesh, AIR 1977 SC 1680; Shah Jawaharlal Vs. Shah Chhagan Lal and others, AIR 1959 ...... 530. ......d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ......d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ..

Category: Civil Law | Date: | Hits: 92

IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)

....on of other act(s). 24. In Vidyacharan Shukla Vs. Khubchand Baghel, AIR 1964 SC 1099: (1964) 6 SCR 129 it was held that the Code of Civil Procedure should be read along with the Limitation Act. In State of Madras Vs. A Vaidyanatha Iyer it was held that the Prevention of Corruption Act should be r...... Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Md. Ataur Rahman Khan J IFIC Bank Ltd. and others.................................Appellants Vs. Beximco Holdings Ltd. and others ...................Respondents Judgment November 8, 20......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...

Category: Civil Law | Date: | Hits: 71

Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)

.... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210....... Court High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Jn. Md. Saleh Ahmed Khan....................Petitioner Vs. Government of Bangladesh represent­ed by the Additional Secretary-in-Charge Rural Developmen......lute. Cases Referred to- Md. Khair Ahmed Vs. Bangladesh, 40 DLR 353; 31 DLR (AD) 152; Government of the People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 31 DLR (AD) 152; Saiyyid Abul A'la Maudoodi Vs. the Government of West Pakistan, 17 DLR (SC) 209; Saleh Uddin Khan Vs. Bangla...... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210...

Category: Civil Law | Date: | Hits: 87

Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)

....n of revocability of the contract which is not to be specifically enforced but it is a question of an arbitrary exercise of power by the Government authority in exercise of the sovereign power of the State in the Ministry of Commerce and Industry. In elaborating this point the learned Counsel submit......e Jurisdiction) Present: Anwarul Hoque Choudhury J Kazi Ebadul Hoque J Ministry of Communication, Railway Division, People's Republic of Bangladesh and others……………Appellants Vs. Md. Ferozur Rahman & ors…………….Respondents Judgment March 20, 1991. Cas...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ..

Category: Civil Law | Date: | Hits: 72

Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)

.... 44; AIR 1998 SC 602 and 2 AER (CA) 68, Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; ETV Ltd., 54 DLR (AD) 130, Professor Golam Azam Vs. Bangladesh, 45 DLR 423, Ram Chandra Sankar Deodhar Vs. State of Maharashtra, 1974 SCC 317. Lawyers Involved: Abdur Razzaque, Advocate‑For the Petit......ourt High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Raquibuddin Ahmed………………………………….Petitioner Vs. Syndicate, Dhaka University and others…………….Respondents Judgment March 22, 20......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63...

Category: Civil Law | Date: | Hits: 63

Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)

....fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ...... Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Khokan Chandra Mondal and another........................Appellants Vs. Nanda Lal Mridha and another.................................Respondents Judgment May ......fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..

Category: Civil Law | Date: | Hits: 55

Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)

....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ...... Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Hossain Ahmed.........................Petitioner Vs. Bangladesh House Building Finance Corporation and another……….........Respondents Jud......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..

Category: Civil Law | Date: | Hits: 108

Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)

.... Government of Bangladesh & others.............Respondents Judgment May 13, 2003. Cases Referred to- Abdul Ala Moududi Vs. Government of West Pakistan, 17 DLR (SC) 209; Waris Mea Vs. State, 9 DLR (SC) 117; Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201. Lawyers Involved: Shah......R (2005) 26. ...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ..

Category: Civil Law | Date: | Hits: 79

Manjurul Haque and 12 others Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 1999, 18 CLC (HCD)

....respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 261....... Supreme Court High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hossain J Manjurul Haque and 12 others……………….Petitioners. Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs,......rveen Hannan, Advocates—For the Petitioner (In Writ Petition No. 1582 of 1998). Shahabuddin Ahmad, Deputy Attorney- General—For the Respondent Nos.1-6 (In Writ Petition No.1582 of 1998). SM Abul Hossain, Advocate—For the Respondent No.7 (In Writ Petition No.1582 of 1998). A) Mohammad ......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 261...

Category: Civil Law | Date: | Hits: 89

Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)

....he plaintiff. The appeal is, therefore, allowed with­out any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......ra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Chairman, National Housing Authority ............................Appellant Vs. M/s. MR. Trading Co. and others ....................................Respondents Judgment ......nd others, 1 BLD(HCD) 363; Chandan Mull Indra Kumar and others Vs. Chiman Lal Girdhar Das Parekh and another, AIR 1940 (PC) 3; Ranee Surut Soondree Debea Vs. Baboo Prosonno Coomar Tagore, 13 MIA 607; Abul Quasem (Md.) Vs. Md. Lutfur Rahman, 43 DLR (AD) 17. Lawyers Involved: Mahbubey Alam, Seni......he plaintiff. The appeal is, therefore, allowed with­out any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..

Category: Civil Law | Date: | Hits: 73