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Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ......g the judgment and order dated 14.01.2010 passed by the High Court Division in Admiralty Suit No.12 of 2009 rejecting the application for dismissing the suit being not maintainable since the cause of action as stated in the plaint does not attract the admiralty jurisdiction. 2. The respondents he..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......ntiffs are the respondents hereof. 3. The plaintiffs filed the suit for permanent injunction to restrain the defendants from dispossessing the plaintiffs from the suit land and that the cause of action arose on 6.10.97 when the defendants threatened the plaintiffs of dispossession. 4. The ..Category: Procedural Law | Date: | Hits: 57
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......virtue of Act 12/92 to the effect that if a trial cannot be concluded within the specified time the accused in the case if he is accused of non‑bailable offence may be released on bail to the satisfaction of the Court unless for reasons to be recorded the Court otherwise directs. It was argued on ..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......hereafter, in reply to the said letter of the complainant‑opposite party, the accused petitioner addressed a letter dated 10.11. 84 under his signature to the complainant's firm by justifying their action and publication of the prospectus in the said newspapers and making further allegations of gr..Category: Criminal Law | Date: | Hits: 98
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......sfy the decree, in case the plaintiff succeeds, and the rule relating to the order of furnishing of bank guarantee should be discharged. He further submits that the plaintiffs had sufficient cause of action for bringing the suit. 7. Mr. Hafizullah contended that the vessel foreign vessel, in her ..Category: Civil Law | Date: | Hits: 75
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......iction and sentence passed against accused‑appellant is upheld. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328...Category: Criminal Law | Date: | Hits: 51
Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327.......nnot be detained under section 3(2) of the Special Powers Act. Moreover, we have noticed that the detenu is a Buddhist Monk and he was arrested from a temple. This is, according to us a high‑handed action on the part of the joint forces. The detenu a monk cannot be arrested in the manner in which ..Category: Criminal Law | Date: | Hits: 55
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ...... KM Sarwar Hossain filed an application under Order 7 rule 11 (d) for rejection of the plaint on the ground that the Court had no territorial jurisdiction to entertain the suit, of which the cause of action arose in the head office of the samity lying within the territorial jurisdiction of the local..Category: Civil Law | Date: | Hits: 104
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......e plaint defendant Nos. 1 and 15 filed an additional written statement. 7. Defence of the defendants, in short, is that the suit is bad for mis‑joinder and non‑joinder of parties and causes of action and not maintainable in the present form. Partition in respect of ‘Kha’ schedule of the p..Category: Property Law | Date: | Hits: 57
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......property. Ext. 5 is a letter dated 14.11.83 issued from the office of the Chief Martial Law Administrator by which the Martial Law Authority directed the Deputy Commissioner to take appropriate legal action in this matter in view of the fact that the plaintiff acquired title through the Court upon t..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ...... within the stipulated period of one year from the date of decision of the acquiring authority, or from the date of award of compensation and secondly, a previous decision based on different cause of action and also on a provision of law which is not applicable will be barred by the principle of res..Category: Property Law | Date: | Hits: 93
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ...... 31.03.1994 the learned Magistrate, Second Class, Jessore Md. Shakhawat Hossain took cognizance under Section 200 of the Code of Criminal Procedure and passed an order for investigation and necessary action by the District Anti-Corruption Officer (DACO.) 4. The petitioner moved the High Court Div..Category: Criminal Law | Date: | Hits: 85
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......her words, in such a suit (1) the plaintiff must be a financial institution and (2) the suit must be for recovery of debt dues. Artha Rin Adalat has no jurisdiction to take cognizance of any cause of action other than debt dues in a suit instituted by a financial institution (as plaintiff). 11. T..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......atutory remedies are entirely ill suited to meet the demands of extra-ordinary situations, that is to say, where vires of a statute is in question or where the determination is mala fide or where any action is taken by the executives in contravention of the principles of natural justice or where t..Category: Anti-Corruption Laws | Date: | Hits: 214
....ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ......and 2 entered into appearance in the suit and filed written statement stating that the suit as framed and filed is not maintainable and is barred for non joinder of parties and there is no cause of action in favour of the plaintiffs and the plaintiffs have no right or locus standi to file and main..
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
.... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ...... of 1990 provided for delegation of power of the Board to the Director General or on any officer of the Academy, the present Director General of the Academy endeavoured to get such delegation, but no action has been taken by the government as yet and therefore the power to dismiss or initiate any de..Category: Employment/Service Law | Date: | Hits: 64
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163.......assed in Writ Petition No.4031 of 2007 rejected the writ petition summarily.
2. Facts, in brief, are that the petitioner filed the above writ petition challenging the legality and propriety of the action of the respondents Nos.2 and 3 to file Artha Rin Suit No.22 of 2007 in the Court of Joint Dis..
Category: Civil Law | Date: | Hits: 77
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......he aforesaid bainama was created on false personation of a person whose address was given at House No.31, Lane No.02, Section 6/A, Mirpur, Dhaka. When their father came to know the aforesaid ill transaction, a caution notification was published on 18-11-2003 in the daily Janakantha, Ittefaq, Observe..Category: Property Law | Date: | Hits: 100
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......existence of justice delivery system depends on the judges who, for the time being, constitute the system. The judges have to honour the judicial office which they hold as a public trust. Their every action and their every word-must show and reflect correctly that they hold the office as a public tr..Category: Civil Law | Date: | Hits: 90
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......e poll at any polling station for any interruption or obstruction beyond his control (Rule‑29 (1). The Returning Officer in his turn is required to report to the Election Commissioner for necessary action and appoints, as soon as may be, with the approval of the Election Commission, a day for a fr..Category: Election Law | Date: | Hits: 122
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