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Displaying 1401-1420 of 1984 results.

Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)

....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......The governing consideration in an application to amend the written statement should be how far, if at all, the proposed amendment of the defence is necessarily evident that the Court has the positive duty to decide whether the proposed amendment is necessary to determine the real controversy between..

Category: Property Law | Date: | Hits: 42

Doly Enterprise & others Vs. Additional District Judge, 1st Court, Dhaka and another, 2006, 35 CLC (HCD)

.... as amicus curiae. Let a copy of this judgment and order be sent to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 37. ...... AKM Asiful Hoque, the learned Advocate for the petitioners, submits that according to the provision of Negotiable Instruments Act, 1881 since a cheque is a negotiable instrument, it is the incumbent duty of the Adalat to accept the said account payee/bearer cheque as a security deposit for preferri..

Category: Civil Law | Date: | Hits: 90

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. ......ere was no scope to give false representation in respect of the alleged land, all particulars of the land were open to the complainant and he had scope to verify the land in question. It is the legal duty of the purchaser to search the ownership of the land and particulars of land before purchasing ..

Category: Criminal Law | Date: | Hits: 41

Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)

....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......it is manifest that the members of the board refused the registration in order to acquire the 22,000 shares for themselves. It is therefore submitted that such refusal was clearly in violation of the duty of the directors to act bonafide in the interest of the company. It is further stated that by l..

Category: Company Law | Date: | Hits: 181

Amir Hossain Vs. State, 1988, 17 CLC (HCD)

....se. So far as accused appellant Rustom Ali is concerned his appeal is dis­missed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......eir gun. While the dacoits were retreating the public who are aroused by the alarm raised by him chased the dacoits and managed to catch hold of accused-appellant Rustom Ali. A police party on patrol duty thereafter visited his house in the last part of the night when the informant handed over accus..

Category: Criminal Law | Date: | Hits: 51

Jamil Siddique alias Bulbul Vs. State, 1988, 17 CLC (HCD)

....lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......es already examined. Justice demands that such an opportunity ought to have been given to the appellant. The trial Court is not meant for only con­victing or acquitting the accused persons but their duty is to administer justice. In the present case be­fore us by refusing to recall certain witness..

Category: Criminal Law | Date: | Hits: 35

Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)

.... non-examination under section 342 was not preju­diced in his trial nor such non-examination has led to miscarriage of justice. 8. The contention of Mr. Moqbul Ahmed that the Court below acted in excess of their jurisdiction in making the order that the petitioner is to repay the entire money du......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ..

Category: Criminal Law | Date: | Hits: 37

Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)

....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......m (See rule 63 of Order 21)". Rules 59 to 62 of Order 21 C.P.C. in fact provide for a summary investigation into possession as distinct from a thorough trial of ultimate right. 15. It was thus the duty of the Executing Court in this case to ask the decree-holder to establish by adducing evidence ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)

....n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ...... Dhaka by letter dated 9-5-95 communicated the decision of the National Board of Revenue to the respondent No.4 that the jute goods and the shipwreck were liable to be assessed for payment of customs duty, VAT and other taxes as those were considered as imported goods to Bangladesh. On receipt of th..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

....the appellants. What they have done, they have done under instructions from the plaintiff. He also argued that the case of set off by the appellants is that on global basis and if that is correct the excess amount ought to have been sent back to the defendant No.1 as requested. They cannot retain th......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..

Category: Banking Law | Date: | Hits: 136

Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ...... petitioner, submits that he is moving this application not on any political motivation, but as a citizen of this country and as a Member of the Supreme Court Bar Association. He feels that it is his duty to bring the alleged statements to the notice of the High Court Division for taking appropriate..

Category: Criminal Law | Date: | Hits: 54

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

....s could pass appropriate order or direction upon the respondent in spite of the fact that the detenu has been released on an application under Article 102 of the Constitution as aforesaid inasmuch as excess of authority and an abuse of power by the law enforcing authority including the Police being ......e respondent No.4 of all charges since nothing could be established beyond reasonable doubt in the departmental proceeding whereupon his suspension was withdrawn treating the same to be in his normal duty. There was no violation of any fundamental right in the instant case and the petitioner BLAST d..

Category: Criminal Law | Date: | Hits: 106

Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)

....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ...... defendant followed the clause of the agreement as to arbitration. 16. Learned Advocate for the plaintiff-petitioner submits that even in case of any arbitration clause in the agreement it was the duty of the defendant to resort to section 34 of the Arbitration Act but no such step being taken th..

Category: Tenancy Law | Date: | Hits: 148

Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)

....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......of the case to the Druto Bichar Tribunal has been made by an executive order. Any judgment passed by the High Court Division is binding on all as per our Constitution and the subor­dinate courts are duty bound to comply with such judgment. 8. It appears that the application under section 561A of..

Category: Criminal Law | Date: | Hits: 34

BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......ho have started a micro credit programme for the economic empowerments of the vulnerable and destitute women of the said Basti which are duly approved by the Government. There is a clear and positive duty cast upon the Government under the Constitution to provide for the people inter alia, the basic..

Category: Constitutional Law | Date: | Hits: 171

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....o invite the Judges in their wedding ceremonies but the Judges in the interest of justice should avoid such invitations otherwise the ordinary members of the Bar will think that the rich have easy excess to the judges. (27) Of late it has also become fashion to invite the Judges to attend op......ing of the comments one would be led the irresistible conclusion that it is the judges who are responsible for backlog of cases and their inefficiency, incompetency and lack of commitment to their duty and their insincerity is responsible for the backlog. In this connection, it must be remembere..

Category: Criminal Law | Date: | Hits: 130

Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)

....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.   ......The laying out or relaying out of the land in the said area. (h) The formation, retention or enlargement of open spaces.” From the preamble and aforesaid provisions it is clear that it is the duty of RAJUK to provide for parks, open spaces, play grounds or similar amenities in the improvemen..

Category: Property Law | Date: | Hits: 55

National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)

....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ...... one. Exercise of such discretion will be protected only when it was exercised as per the tenor of the clauses of sub-section (1), in our case clause (a) as stated above. Upon the application, it was duty of the Court to be satisfied that there arose really an arbitral dispute or difference in betwe..

Category: Alternative Dispute Resolution | Date: | Hits: 186

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. ...... cargo to the extent of 1002 bags out of 3,299 bags and that there was short delivery and torn bags in total 18.90 and the plaintiff has lost 1020.90 bags of rice worth of Taka 11,86,182.91 including duty, tax, port and clearing charges. The survey was conducted on 6th and 8th June, 1995 and the def..

Category: Admiralty Law or Maritime Law | Date: | Hits: 214

Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)

....le their written statement for the first time in appeal and in accepting the same for the appellate Court does not have such power. The impugned order of the appellate Court was, therefore, passed in excess of its jurisdiction and that has resulted in an error occasioning failure of justice and, as ......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5...

Category: Procedural Law | Date: | Hits: 66