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Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......took place at the time, place and manner as alleged. Mr. Hafizullah has referred to British Shipping Laws, 4th Edition. The book is 'Law of Collisions at Sea' by Kenneth C. Coguffie. In this book the principles relating to settlement of collision at sea have been enumerated. Mr. Hafizullah has refer......s. 2. On 3.9.80, in the late afternoon, when this coaster MV Zahirabad laden with 15000 bags of cement had been waiting in the midstream of Karnafully in the vicinity of Patenga Khal No.14 looking for fair weather in order to sail towards Khulna, the aforesaid vessel MV Hios came there and withou......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......sion against the conviction of the accused persons directed further inquiry with direction to the Magistrate to summon and examine such witnesses as appeared necessary. In that view of the matter the principle enunciated in that case has no application in the present case. Under section 436 of the C......y the police and accepted by the said Magistrate on 15.11.86 without any objection from any quarter. Being aggrieved by the said order the opposite party No.2 filed Criminal Revision No.102 of 1987 before the Sessions Judge, Cox's Bazar and on transfer the Additional Sessions Judge by the impugned o...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ..Category: Criminal Law | Date: | Hits: 78
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
....der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29.......der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29....... No.417 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule the short question involved is whether the Title Suit No.89 of 1981 and the Title Suit No.342 of 1982 can be heard analogously. The former was instituted for declaration of title in respect of the property which was also the subject......were instituted in the 2nd Court of Subordinate Judge, Dhaka. It is further stated that the parties in both suits are same, the properties described in two suits are identical and points involved for determination in these suits are also materially the same. During pendency of the suits the petition..Category: Procedural Law | Date: | Hits: 51
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......e judgments of both the Courts below. On my inquiry Mr. Awlad Ali very candidly states that the date on which the ex parte decree was passed was not fixed for hearing the suit ex parte. It is settled principle of law that unless the suit is fixed for hearing on particular date the Court is not empow......nate Judge, 2nd Court, Dhaka in Title Appeal No.292 of 1980 setting aside the ex parte decree passed by the trial Court on 6.11.1980 in Title Suit No.371 of 1977. 2. The petitioner instituted the aforesaid Title Suit for permanent injunction against the opposite party No.1 and 7 others in respect......urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28...Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ...... of temporary mandatory injunction by restoring status quo ante or rather the status quo between the parties as existed at the time of institution of the suit. According to the learned Advocate, this principle of law needs no citation. This eviction of plaintiff during the suit by the Deputy Commiss......ndatory injunction arose and the subject matter of the present appeal. 3. The order of the learned court below granting mandatory injunction did not give details of the background. The appellant before this Court namely, Bangladesh Mukti Judda Trust claimed the said property by purchase. They cla......erson. 16. The Ordinance provides for an appeal under section 10 which speaks that any person aggrieved by an order made under section 3 namely eviction of an outgoing lessee or section 4 namely, determination of lease and recovery of building in certain cases or section 5, eviction of unauthori..Category: Property Law | Date: | Hits: 389
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
.... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ......itled to vote in the election of the aforesaid thirty women members. 7. The provisions of Article 4 of PO No.17 of 1973 as substituted in 1986 shall have to be interpreted according to the general principle of Interpretation of the Statutes. The general rule of law upon the construction of all st...... Rabbi (MP from NA‑33, Gaibandha‑5), Manirul Haque Chowdhury (MP from NA -265, Comilla‑9) and Kazi Md. Anwar Hossain (MP from NA-286, Brahmanbaria‑5) moved this application on 31.3.91 praying for the issuance of a Rule Nisi calling upon respondent No.1 the Chief Election Commissioner to show...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......d. and others Vs. Assistant Collector of Customs and others, the Appellate Division after quoting the decision in the case of Shafiqur Rahman Vs. Certificate Officer, 29 DLR (SC) 232 observed: "In principle, where an alternative statutory remedy is available, an application under Article 102 may ......minic Ltd. Vs. The Foreign Compensation and another, (1969) 1 All ER 208; Armah Vs. Government of Ghana, (1966) 3, All ER 177(178); F Hoffmann‑La Roch & Co. AG and others Vs. Secretary of State for Trade and Industry, (1974) 2 All ER 1128 (1148); Ridge Vs. Baldwin, (1963) 2 All ER 66; Wick Vs.......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ..Category: Criminal Law | Date: | Hits: 88
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370........1-4 contested the suit by filing a joint written statement. These defendants denied the material case of the plaintiffs and stated, inter-alia, that the suit is not maintainable as it is barred by principle of res-judicata. The positive case of the defendant Nos.1-4, in short, is that the suit pr......-For the Petitioners. Abdul Wadud Bhuiyan, Senior Advocate instructed by Giasuddin Ahmed, Advocate-on-Record-For Respondent Nos.1-19. Not represented-Respondent Nos. 20-75. Civil Petition for Leave to Appeal No. 491 of 2009. (From the judgment and order dated 15.12.2008 passed by the ......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370...Category: Property Law | Date: | Hits: 77
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......ere is a prima facie case, it can grant an injunction. It is a discretionary power of the Court and should not be interfered with a revisional application however wrongly exercised. 8. The general principle regarding granting a temporary injunction, as stated above by the learned Advocate for the......……………….Opposite Parties Judgment April 7, 1993. Cases Referred To- Serajul Islam Vs. Mizanur Rahman, 29 DLR (SC) 82. Lawyers Involved: Mihir Kanti Mazumder, Advocate- for the petitioners. SK Sinha, Advocate- for the opposite party. Civil Revision No.1003 of 199......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..Category: Property Law | Date: | Hits: 101
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......e against all the delinquent students.
15. The Supreme Court of Pakistan, in the case of Chief Commissioner Karachi Vs. Mrs. Dina Sohrah Katrak, reported in PLD 1959 (SC) 45 laid down as rule, the principle of natural justice, "Maxim: audi alteram partem" No man shall be condemned unheard" applie......oth the Rules, in short, is that they were served with notices dated 20.10.1990 directing them to submit written statement by way of show cause in their respective own handwriting to respondent No. 2 for the alleged offences of depositing answer script papers written from outside the examination hal...... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292...
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......purpose of giving necessary relief." 17. Now the question arises as to whether the High Court will re‑open the closed matter and review its own judgment which was delivered on merit. The general principle of law does not justify such interference by the Court which passed the judgment and decre......r. Abdul Huq, Advocate ‑ For the Opposite Party. Civil Revision No.1181 of 1980. Judgment Habibur Rahman Khan J.- This is an application under section 151 of the Code of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 which was disposed on 9.8.90 on merit by th......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..Category: Property Law | Date: | Hits: 90
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......y evidence, particularly by paying rent to the Government; (iv) The learned Joint District Judge, without proper discussions of the evidence on record and being failed to conceive and consider the principle of acquisition of title by adverse possession has decreed the suit out of misconception of......arayanganj, in Title Suit No. 344 of 1994 decreeing the suit. 2. The respondent No. 2 as plaintiff instituted Title Suit No. 344 of 1994 in the Court of Sub-ordinate Judge, 2nd Court, Narayanganj, for declaration of title by way of acquisition of title by adverse pos session and also for a furthe......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ..Category: Property Law | Date: | Hits: 74
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......s contended on behalf of the petitioner that the New Nation Printing Press is not the successor establishment of the New Nation Publications Ltd. This is a defence plea, which, as per well settled principle, is to be decided by evidence before the trial Court and it is not at all a ground for qu......r order or orders passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 23-7-1995, all further proceedings of the said case were stayed. 3. The relevant facts found for disposal of the Rule are that the opposite party No.1 Md. Ali Hosein as complainant filed the a......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38...Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......the impugned orders are ex-facie without lawful authority and of no legal effect. 7. Mr. Rokanuddin Mahmud next submits that the impugned orders are not sustainable in law, regard being had to the principles enunciated in the cases of Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman, Deputy Direct......ollows: The petitioner is a citizen of Bangladesh. He was elected Member of Parliament from two constituencies in Bhola in the general elections held in June, 1996. Anyway, he became the Minister for Commerce and Industries in 1996 and continued to be so till 1998 when the Ministry of Commerce w......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ..Category: Anti-Corruption Laws | Date: | Hits: 200
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25....... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......udgment Siddiqur Rahman Miah J.- This application under section 24 of the Code of Civil Procedure originates out of First Appeal No.15 of 1988 which also arises from Partition Suit No.64 of 1986 before this court is also arises out of title suit No.96 of 1984 in the court of Munsif, Manikgonj. ......be the possibility of contradictory Judgments. In supports of his contention he cited the decision in the case of Rosamma Joseph Vs. PC Sabastian reported in AIR 1996 Kerala 113. 11. The point for determination is, whether Title Appeal No.197 of 1987 can be withdrawn from the Court of learned Dis..Category: Property Law | Date: | Hits: 68
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......rgued, therefore, that the impugned notice was without jurisdiction. It is further contended that a copy of the inquiry report was not attached with the notice and hence the notice is in violation of principles of natural justice. 4. In a supplementary affidavit filed by the petitioner it is furt...... source of income of the petitioner and his dependents (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of this Rule, in brief, are that the petitioner was the Kanango of Land Acquisition Dep......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20...Category: Anti-Corruption Laws | Date: | Hits: 154
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......allegations of lack of bona fide, recklessness and fraud are apparent on the face of the record and the same have been alleged and also argued on materials on record and as such I am of the view that principle laid down in that decision is not applicable in the present case inasmuch as the facts and......Ranganathan & another Vs. The Government of Madras and others, AIR 1955 (SC) 604. Lawyers Involved: Rafique‑Ul-Huq, Advocate ‑ For Auction Purchaser. MH Khondker, Advocate ‑ For former Managing Director. Syed Wali Md. Salehuddin, Advocate ‑ Official Liquidator. AKM Na......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ..Category: Company Law | Date: | Hits: 193
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......e work of criminal Courts would no doubt be greatly simplified. The judicial duty is however to act in accordance with law, that is to say on evidence duly admitted and tested according to recognised principle." 37. In the case of Inayatullah and another Vs. State reported in 1966 PLD (Lah) 8. It......dul Kasem, Keyamuddin, Kalazi, Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malik and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj in Sessions Case No.21 of 1987 and have been found g......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267...Category: Criminal Law | Date: | Hits: 111
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......ision in Criminal Appeal No.125 of 1991 allowing the same convicting the accused-appellant under Section 6(5) of the Muslim Family Law Ordinance, 1996 and sentencing him to suffer simple imprisonment for 3(three) months and also to pay a fine of TK. 10,000.00 in default to suffer imprisonment for ......suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314...Category: Family Law | Date: | Hits: 185
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......rt observed that: “mere fact that payment is accepted in respect of some beds cannot lead to the inference that the hospitals are run as a business in commercial way. The Court reiterated the principle that was laid down in AIR 1968 (SC) 554 and noted that the AIR 1969 (SC) 619 was a bad law......Court u/s 32 of the Industrial Relations Ordinance, 1969. By its order dated 8.11.73 the Labour Court dismissed the reference as the same was not maintainable vide Annexure‑B. An appeal was filed before the Appellate Tribunal which reversed the decision of the Labour Court on the point of maintain......4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ..Category: Labour and Industrial Law | Date: | Hits: 123
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