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Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....Hossain J Md. Imman Ali J Md Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Jalil & other………………….........................Appellants Vs. Islami Bank Bangladesh Ltd and others..........Respondents Judgment October 12, 2011. Result: The appeal is dismiss......ing aside the aforesaid order of the Subordinate Judge and consequently allowing the application for rejection of plaint of Title Suit No.42 of 1999. 2. For better appreciation of the matter and proper disposal of this appeal some necessary facts require to be stated first. 3. These present ..Category: Procedural Law | Date: | Hits: 108
....orted in: 50 DLR (HCD) (1998) 273.
......or added Respondent No.8.
Writ Petition No.4127 of 1992.
Judgment
Qazi Shafiuddin J.- A Rule was issued calling upon the respondents to show cause as to why the execution and transfer of the property of the petitioner’s deity by the respondent Nos. 1-3 in favour of the respondent No.4 sho..
Category: Property Law | Date: | Hits: 85
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Azizul Haque J Mahbub Alam………………..Petitioner Vs. Commissioner, Customs, Excise and VAT, Sylhet and others………………….Respondents Judgment June 6, 2010. Result:......list made by the Customs Officers, should not be declared to have been continued unlawfully and without jurisdiction and/or such other or further order or orders passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 17-8-2003, all further proceedings of the above m..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....LR 97. Lawyers Involved: MA Mannan, Deputy Attorney-General - For the State. Criminal Appeal No. 617 of 2002. Judgment Md. Azizul Haque J.- This appeal is directed against the Judgment and order dated 11-11-2001 passed by the Additional Sessions Judge, Moulvibazar in Session Case No.6......ncing each of them to suffer imprisonment for life and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for one year more thereunder. 2. To arrive at a correct decision on proper appreciation of facts and evidence, the prosecution version as narrated in the first informat..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Azizul Haque J Solaiman (Md.)……………………….Petitioner Vs. State and another………………………………opposite Parties Judgment April 8, 2010. Res......ments Act, 1881 (hereafter referred to as the Act), now pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed and/or any other order passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 9-3-2008, all further proceedings of the above mention..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....e Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hye J Md. Abdus Samad J Amanullah (Md.)……………………..Accused-petitioner Vs. State and another………………………Opposite Party Judgment June 3, 2010. Result: The ......ising out of Kafrul PS Case No.30 dated 11-10-2007 under section 165A of the Penal Code should not be set aside and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. In short, the facts relevant for disposal of this Rule are as follows: One Md. Ali..Category: Criminal Law | Date: | Hits: 84
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: K M Hassan J Md. Latifur Rahman J Mahboob Uddin Ahmed……………Petitioner Vs. Bangladesh Election Commissioner, and others………………Respondents Judgment May 27, 1998. Result: The Rule is disch......the two provisions but to give a harmonious interpretation of the conflicting provisions to avoid a head on clash, “If it is possible to avoid a conflict between two provisions of an enactment on a proper construction thereof, then it is the duty of the Court to so construe them that they are in h..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....hmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224; Civil Petition for Special Leave to Appeal Leave (CPSLA) No.299/83; Dhunat Degree College and others Vs. Md. Abdus Samad and others, 49 DLR 38; Fazlul Karim Vs. Agrani Bank, represented by t...... as per service rules of the corporation and also for a decree for all arrear pay, allowances due and payable to him with costs and also for any other for further relief as the Court may deem fit and proper, contending that the order of dismissal dated 27-9-82 is not lawful in as much as the order o..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
..... Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......pposite Parties. Application No.2 of 1988. Judgment Anwarul Hoque Chowdhury J. -This application under section 11(1) of the Administrator General's Act, 1913, is for permission to sell trust properties of the estate of Rai Bihari Lai Maitra Bahadur, a Zamindar and previously a resident of t..Category: Trust/Waqf Law | Date: | Hits: 166
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....ereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......the active help of his family members started looking after the business of the company gradually excluding late Md. Ashraf Ahmed. Mr. Ashraf Ahmed also complained to the Chairman for not maintaining proper books of accounts by the company. False figures were entered in the books of accounts. Althou..Category: Company Law | Date: | Hits: 233
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....dents alleging that on 23.10.87 at about 2-30/3 P.M. the accused-respondents along with other unknown persons assaulted him. The respondent No.1 inflicted bleeding injuries, on his head by a Dao blow and the respondent No.2 hit him with iron patta causing swelling injuries on his body. The responden......eto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything herein before contained, acquit the accused, unless for some reason he thinks proper to adjourn the hearing of the case to some Other day: Provided that, where the complainant..Category: Procedural Law | Date: | Hits: 85
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....san J Md. Tafazzul Islam J Sazedur Rahman (Md.)……………………Petitioner Vs. Secretary, Ministry of Establishment, Superior Appointment Division, 4, Bangladesh Secretariat, Dhaka and others……………………Respondents Judgment March 23, 1998. Result: The Rule ......cases he will be required to seek remedy under Article 117(2), in other words, in case of infringement of fundamental rights by administrative action and not by law the Administrative Tribunal is the proper forum and not the High Court Division.” 17. In spite of the words ‘the Supplemental’..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M M Ruhul Amin J Mostafa Kamal………………Petitioner Vs. Chief Election Commissioner and others…………………Respondents Judgment August 19, 1997. Result: The Rule is......38 to hand over the charge shall not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner, in short, is that the schedule of election of both the Cha..Category: Election Law | Date: | Hits: 154
Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)
....is Case is also Reported in: 50 DLR (HCD) (1998) 259. ......opposite party against the application. It is not possible for this Court to examine the impugned order passed, since no reason has given. The order impugned does not show that the same was passed on proper consideration and therefore such order cannot be sustained and rejection of application in su..Category: Procedural Law | Date: | Hits: 85
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
.... Division (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Aftabuddin (Md.)…………………………………..Petitioner Vs. State and others………………………………….Opposite Party Judgment July 7, 2010. Res......of the Penal Code arising out of Sutrapur Police Station GD Entry No.1254 dated 24-12-2000, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to filing of this application under 561A of the (the Code) briefly..Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....ain, Advocate-on-Record—For the Appellant. Mamunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent No. 2. None Represented—For Respondent Nos. 1 and 3-5. Civil Appeal No.176 of 2010. (From the judgment and Order dated the 8th day of April,......ted without lawful authority in not allowing the benefit of section 47 of the Ain, 2003 to the appellant and the High Court Division failed to consider the said provisions of the Ain, 2003 in its proper perspective in the context. So, the merits of this appeal depend upon the interpretation of s..Category: Civil Law | Date: | Hits: 138
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....…………………………Respondent Judgment November 1, 1993. Result: The appeal is allowed. Cases Referred to- Kitab Ali Talukder Vs. State, 28 DLR 128; Ismail Vs. Abdullah and another, PLD 1963 (WP) (Karachi) 161; SM Farooque alias Syed Farooque Vs. State, 28 DLR 192; Ash......overed from accused Nurul Islam contained heroin, by that it could not be said that the packets allegedly recovered from the appellant and accused Md. Bahar also contained heroin without making their proper chemical examination separately by the expert. In that view of the matter, it is also difficu..Category: Criminal Law | Date: | Hits: 81
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... ......ation agreement was under some incapacity; (ii) The arbitration agreement is not valid under the law to which the parties have subjected it; (iii) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise un..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....ligatory according to law in dispensing justice because it is the duty of Court not only to do justice but also to ensure that justice is being done in order to enable the Court to find out the truth and render a just decision. The statutory provisions of section 540 of the Code are enacted where un......ting up his own case and demolishing the one set up his adversary. There is danger in some cases that the whole truth may not come out before the Court. The Judge in order to discover, or obtain proper proof of relevant facts, may exercise very wide powers indeed; but they all pivot upon the as..Category: Criminal Law | Date: | Hits: 97
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
....r his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......matter either by himself or by any other person appointed by him in that behalf. Mr. Khan next submits that the learned Assistant Judge also erred in law in pointing to the market‑value of the suit property to be the guiding factor in determining the valuation of the suit ignoring the frame and sc..Category: Procedural Law | Date: | Hits: 81
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