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Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)

.... could be said to have been pending before the High Court Division so that it may be said that it has abated. Similarly, when the judgment has been pronounced by the Appell­ate Division granting the prayer sought for in a writ petition; nothing remains before it so as to abate in terms of the afore......ate-on Record - For the Respondents (In Civil Petition No. 30 of 1982). Not represented - Respondents (In Civil Petition Nos. 9 of 1981). Civil Appeal No. 90 of 1981 and Civil Petitions for Special Leave to Appeal Nos. 30, 31 and 68 of 1982 and 9 of 1981. Judgment Fazle Munim CJ......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..

Category: Constitutional Law | Date: | Hits: 181

Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)

....e arises out of a judgment pas­sed by the High Court Division in Civil Re­vision No. 1177 of 1976 discharging the Rule and upholding the judgment and order of the Subordinate Judge rejecting the prayer of the appellant for hearing of the Miscellaneous Case under Order 9, rule 13 of the Code of......nt pas­sed by the High Court Division in Civil Re­vision No. 1177 of 1976 discharging the Rule and upholding the judgment and order of the Subordinate Judge rejecting the prayer of the appellant for hearing of the Miscellaneous Case under Order 9, rule 13 of the Code of Civil Procedure. 2....... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..

Category: Procedural Law | Date: | Hits: 80

Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh Vs. Siddique Ahmed, 1977, 6 CLC (AD)

.... 2. The prosecution case was that on the night of 13th December, 1967 at about 8-30 P.M. the complainant Fazlul Haque alias Kalamdar Ali, full brother of deceased Tafazzal Hossain after saying Tarabi prayer returned home from the mosque and assem­bled in the room of his father Osmanulla along with ......ent Kemaluddin Hossain J.- This appeal stands on a very narrow compass. We are concerned with only one accused-respondent, Siddique Ahmed. The respondent along with 12 others was put on trial before the 1st Additional Sessions Judge, Sylhet to answer charges under sec­tions 302, 307/302/149 a......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ..

Category: Criminal Law | Date: | Hits: 74

Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)

....Annexure-M) but to no effect. Being aggrieved the petitioner moved the application and obtained the Rule. 10. The respondent Nos. 6-8 by filing an application for addition of party which, on their prayer, is allowed to be treated as affidavit-in-opposition and by filing supplementary affidavits d......ndents to show cause as to why they should not be directed to cancel the impugned resolutions dated 14-3-2000 (Annexure-‘G’) and the impugned Circular 10-5-2000 (Annexure-‘J’) not being in conformity with the provisions of the Articles of Association, in particular Articles 26 and 27, of the...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..

Category: Others | Date: | Hits: 123

Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)

....os.1, 3 and 4 are the vessel MV CHOSUN HOPE, the owner and person interested in the vessel MV CHOSUN HOPE and the local agent of the vessel respectively. The vessel MV CHOSUN HOPE was arrested on the prayer of the plaintiff and upon furnishing Bank Guarantee for Taka 32,00,000/= the same was release...... with Muhammad Ohiullah, Advocate-For the Respondents. Admiralty Suit No. 44 of 1997. Judgment AFM Abdur Rahman J. - Admiralty suit filed by Fazlur Rahman and Company Pvt. Ltd. On 24.7.1997 for realization of compensation for short landing of goods valued at Tk. 1,21,61,175.00 has been hea......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 178

Md. Saidul Islam and others Vs. State, 2011, 40 CLC (HCD)

....ned Chief Judicial Magistrate, Nilphamari. 2. The petitioners were brought to the trial under section 302/34 of the Penal Code. The petitioners were arrested on 3.6.2010 and thereafter since their prayer for bail was rejected by the impugned order, they then obtained the instant rule. 3. The l......ef Judicial Magistrate, Nilphamari. 2. The petitioners were brought to the trial under section 302/34 of the Penal Code. The petitioners were arrested on 3.6.2010 and thereafter since their prayer for bail was rejected by the impugned order, they then obtained the instant rule. 3. The learned ......tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ......tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 71

Mizanur Rahman Vs. State, 2011, 40 CLC (HCD)

....ng before the Judicial Magistrate Court No. 3 and Amoli Adalat, Dhaka. 2. The petitioner was brought to the trial in a case under section 302/34/307 of the Penal Code. 3. After arrest since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The lea...... the accused petitioner should not be enlarged on bail in G.R. Case No. 10 of 2010 arising out of Karanigonj P.S. Case No.10 dated 12.01.2010 under section 302/34/307 of the Penal Code, now pending before the Judicial Magistrate Court No. 3 and Amoli Adalat, Dhaka. 2. The petitioner was brought t...... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ...... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 67

Gias Uddin Vs. State, 2011, 40 CLC (HCD)

....395/397 of the Penal Code. 3. After investigation police submitted a charge sheet under section 395/397 of the Penal Code on 09.09.10. 3. The petitioner was arrested on 21.03.2010 and since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The lea...... of the Penal Code. 3. After investigation police submitted a charge sheet under section 395/397 of the Penal Code on 09.09.10. 3. The petitioner was arrested on 21.03.2010 and since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned ad......make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 58

Jamsher Ali Vs. State, 2011, 40 CLC (HCD)

....al Code, now pending in the Court of Chief Judicial Magistrate, Pabna. 2. The petitioner was brought to the trial in a case under sections 143/447/323/325/302/34 of the Penal Code. 3. Since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The lea......, now pending in the Court of Chief Judicial Magistrate, Pabna. 2. The petitioner was brought to the trial in a case under sections 143/447/323/325/302/34 of the Penal Code. 3. Since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned ad......to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 63

Shahadat Hossen Vs. State, 2011, 40 CLC (HCD)

....ibunal No.1, Chittagong in Special Tribunal Case No.113 of 2010 arising out of G.R. Case No.215 of 2010 corresponding Lohagara P.S. Case No.7 (9) 2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. Prosecution case, in short is that on 9 .9.2010 one Md. Abdu......No.1, Chittagong in Special Tribunal Case No.113 of 2010 arising out of G.R. Case No.215 of 2010 corresponding Lohagara P.S. Case No.7 (9) 2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. Prosecution case, in short is that on 9 .9.2010 one Md. Abdul Nabi ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 66

Md. Rasel Miah Vs. State, 2011, 40 CLC (HCD)

.... 2009 arising out of Chandina P.S. Case No. 02 dated 01.12.2008 under section 7 of the Nari-O-Shishu Nirjatan Daman Ain (as amended 2003) read with section 302/201/34 of the Penal Code, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 7 of th......rising out of Chandina P.S. Case No. 02 dated 01.12.2008 under section 7 of the Nari-O-Shishu Nirjatan Daman Ain (as amended 2003) read with section 302/201/34 of the Penal Code, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 7 of the Nari-......he case ready for trial, the learned trial court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......he case ready for trial, the learned trial court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 80

Yasin Hossain Vs. State, 2011, 40 CLC (HCD)

....itan Special Tribunal No.7, Dhaka in Metro Special Tribunal Case No.457 of 2007 arising out of Mohammadpur P.S. Case No. 122 dated 25.4.2007 under section 19A and 19(f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A and......ecial Tribunal No.7, Dhaka in Metro Special Tribunal Case No.457 of 2007 arising out of Mohammadpur P.S. Case No. 122 dated 25.4.2007 under section 19A and 19(f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A and 19(f) ......tness to prove the case, the learned trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......tness to prove the case, the learned trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 65

Md. Lal Mia @ Chan Mia Vs. State, 2011, 40 CLC (HCD)

....the Special Powers Act,1974 against the order No.10 dated 11.8.2010 passed by the Special Tribunal No.17, Dhaka in Special Tribunal Case No.22 of 2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A of ......cial Powers Act,1974 against the order No.10 dated 11.8.2010 passed by the Special Tribunal No.17, Dhaka in Special Tribunal Case No.22 of 2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A of the Arm......produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 65

Ershad Vs. State, 2011, 40 CLC (HCD)

....ers under sections 143/447/341/323/324/326/307/379/427/114 of the Penal Code on 08.08.2010. 4. The petitioner was voluntarily surrendered before the Hon’ble High Court Division on 19.7.10 with a prayer for anticipatory bail and as per direction of the Hon’ble Court he surrendered before the C...... 21.6.2010 the accused persons have cutted away the trees and after Juma Namaz while they were sitting in a salish and at one stage the accused persons having armed with deadly weapons attacked the informant party and accused Nos. 1, 2, 3, 4 and 5 have been seriously injured the victim Farok and Naz......ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in:   ......ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in:   ..

Category: Criminal Law | Date: | Hits: 53

Amir Hossain Vs. M.V. TITU-5 and others, 2010, 39 CLC (HCD)

....istrict Judge, Dhaka to adjudication is required for the purpose of the same along with the instant suit and the same shall not be prejudiced any party. Therefore, this court is inclined to allow the prayer of the plaintiff for withdrawal of the said suit and to adjudicate the same along with the in......- For the Defendants. Admiralty Suit No.15 of 2007. Judgment AFM Abdur Rahman J. - By this application the plaintiff Amir Hossain represented by the learned Advocate Mr. S.K. Siddique prays for withdrawal of the Money Suit No.30 of 2008 now pending in the Court of 2nd Additional District J......a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ......a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 196

H.M. Kabir @ Alamin (22) Vs. State, 2011, 40 CLC (HCD)

.... connection with another case and thereafter his bail was cancelled by the order dated 12.7.09, thereafter the petitioner after obtaining bail in other case and surrendered on 26.10.10, but since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 3. The lea......tion with another case and thereafter his bail was cancelled by the order dated 12.7.09, thereafter the petitioner after obtaining bail in other case and surrendered on 26.10.10, but since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 3. The learned ad......ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 64

United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)

....favour of the plaintiff. Mr. Mahmudul Islam fails to point out any legal infirmity in the judgment of the trial Court. Mr. Mahmudul Islam lastly, has raised a technical objection that on the basis of prayer as made in the plaint, a decree in the present form cannot be given. We have gone through the......a in Title Suit No.1 of 1996. Since these two appeals have arisen out of the same judgment of the trial Court they were heard together and disposed of by one judgment. Defendants are the appellants before this Court and the plaintiff is the respondent in these two appeals. 2. Facts relevant for t......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ..

Category: Tenancy Law | Date: | Hits: 135

Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)

.... Rule. 5. The Bangladesh Shilpa Bank respondent No.1 has filed affidavit in opposition stating that on 21-1-1979 a loan of Taka 22 lac was sanctioned to the petitioner company and on their further prayer Bangladesh Shilpa Bank on 29-3-1981 sanctioned additional loan of Taka 15 lac for constructio......and passenger marine vessel. The Company has registered office at 59 Dilkusha Commercial Area Dhaka. The respondent Bank sanctioned loan of Taka 22 lac in favour of the petitioner company on 2-2-1979 for construction of passenger Marine vessel of two engines and in terms of the sanction petitioner c......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 171

Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)

.... given by boundaries is quite identifiable and not vague and thereby rightly revised the trial Court’s finding on identification. The suit being one for declaration of title only and there being no prayer for confirmation of possession or recovery of possession, the point of alleged vagueness as t......yangonj in Title Suit No.206 of 2000 decreeing the suit. 2. The plaintiff Md. Rafiqul Islam Liton instituted the Title Suit No.159 1999 in the Court of Rupgonj Senior Assistant Judge, Narayangonj for declaration of his title in the suit property, measuring an area of 0.35 acres of land against t......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 74

Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)

....pted him to apply to the authority for re-employment as a Teacher of the Primary School. But by the impugned letter dated 9.7.2003, the Director General Primary Education, respondent No.2 refused his prayer on the ground that by the implication of Public Service Retirement Act,1974 the petitioner is......1956, joined the service of Primary School on 1.7.1976 as an Assistant Teacher in Khedapara Primary School and ultimately transferred to Hogladanga Government Primary, wherein he continued in service for 23 years in the said Government primary School. Thereafter he became invalid due to some physica...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317.  ...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317.  ..

Category: Employment/Service Law | Date: | Hits: 70