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People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)
....on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......Abdul Matin J People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Secretariat Building…………………Petitioner Vs. Chairman, Court of Settlement and others…………………………………………Respondents Judgment June 24, 1996. ......s through the impugned Judgment and the affidavit‑in‑opposition filed on behalf of respondent Nos.2 and 3. The learned Advocate submits that the Court of Settlement after due consideration of the documents and materials on record and also after considering the question of limitation found that t..Category: Property Law | Date: | Hits: 113
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....tioner punishable under any provisions of the Penal Code. Placing the statement of Major General KM Shafiullah Mr. Rahman submits that this has not disclosed any offence. He drew out attention to the relevant part of the statement of this witness which runs as follows– মেজর রশিদে......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......vision Judgment here. Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Mahmudul Amin Choudhury J S A N Mominur Rahman J Jobaida Rashid, wife of Khandakar Abdur Rashid………………………………….Petitioner Vs. State…………......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ..Category: Criminal Law | Date: | Hits: 82
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ...... Additional Attorney General in this matter. The learned Additional Attorney General was not in a position to throw any light as to their exact legal status. He simply stated that on the basis of the papers on record he cannot admit the employees appointed by the District Boards under Works Programm......ases Referred to- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury,29 DLR (S.C.)41; Bangladesh Biman Corporation Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305; 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T. H.......udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ..Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ing to Kotwali Police Station Case No.39 dated 17.12.2004, under sections 406/409/420 of the Penal Code, pending in the Court of Senior Special Judge, Sylhet, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of IFIC Ba......dge as the Senior Special Judge on different dates after converting the case as Special case, including the order of taking cognizance of the offence against the petitioner dated 12.03.2005 and other papers annexed with the application under section 561A of the Code of Criminal Procedure and suppl......d Farid uddin, the cashier of his branch, on the accusation that he as the cashier of the branch on 23.01.2003 received Taka 8, 70,000/-from Juried Ahmed, the account holder of Saving Account No.3385 and issued receipt putting his signature and giving seal of the bank therein. On 17.11.2003, when ......ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....se as to how his wife was killed the accused remained absconding. Further, as per the provisions of sections 8 and 9 of the Evidence Act, 1872 absconsion of an accused avoiding trial of a case is a relevant fact which should be taken as a circumstance in determining his guilt (Reference: 45 DLR at......e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ....................................Petitioner Vs. Golam Sarwar Hossain Mollah (Absconding)...........Condemned Prisoner Judgment January 27, 2011. Result: The Death Reference is accepted and the judgment and order of conviction and sentence of the trial court is hereby upheld and affirm......e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ..Category: Criminal Law | Date: | Hits: 97
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....ime of issuance of the Rule directed the parties to maintain status quo in respect of position, possession, nature and character of the property in question till disposal of the rule. 3. Facts relevant for disposal of the Rule are that the opposite party No.1 as plaintiff has instituted Other......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......Civil Revisional Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Mohammad Latif Anowar Chowdhury...........Defendant-Appellant-Petitioner Vs. Mohammad Fazle Moubin Faruki and others..........Plaintiff-Respondent-Opposite Parties Judgment November 11, 2010. Resul......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ..Category: Civil Law | Date: | Hits: 115
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
....ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ......ed as soon as the goods had left the ship's tackle as envisaged by law and as such the defendant Nos.1 and 2 appellant are not liable to the plaintiff. 8. Heard the learned Counsel and perused the papers and documents. 9. Considering the pleadings of the parties, we find that, the learned tria......d in: 16 MLR (HCD) (2011) 369. ......as the goods had left the ship's tackle as envisaged by law and as such the defendant Nos.1 and 2 appellant are not liable to the plaintiff. 8. Heard the learned Counsel and perused the papers and documents. 9. Considering the pleadings of the parties, we find that, the learned trial Court had..Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....on Case No.37 dated 23-07-2003 corresponding to G. R. No.1692 of 2004 should not be quashed and or such other or further order or orders passed as to this court might seem fit and proper. 2. Facts relevant for the purpose of disposal of the instant rule in short are that, FIR was lodged against......DB G.D entry No.154 dated 22-07-2003 he had a secret information that every day 2 unknown persons used to come through different buses at about 9-30 at night with illegal article wrapped in polythine papers. Accordingly, he along with his accompanying forces lay in wait. No sooner a passenger bus st......te........................................Opposite Party Judgment February 24, 2011 Result: The rule is discharged. Cases Referred to- Jahangir Alam Vs. State, 56 DLR (AD) 200 and 17; Sobhan Munshi Vs. State, 15 MLR (HCD) 37. Lawyers Involved: None Appear- For the Petit......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ..Category: Criminal Law | Date: | Hits: 104
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....l as an acknowledgement of the fact that the said amount is due and owing to the petitioner. 31. For a proper understanding and appreciation of the issue before this Court, let me now refer to the relevant provisions of the law in question. 32. Section 241 of the Act provides six grounds or ci......opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......ry Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Cathay Pacific Airways Limited, 5/F, South Tower, Cathay Pacific City, 8 Scenic Road, Hong Kong International Airport, Hong Kong and having its local office at "Baliaree" (2nd floor), Plot No.30, Road No.130, Gulshan-1, P.S.-Guls......idator is directed the take over the control, management and administration of the business affairs of the Company as well as its assets, both movable and immovable, properties, receivables and all documents of title, all insurance and proceedings of insurance of the Company with inventory and t..Category: Company Law | Date: | Hits: 164
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
....o show cause as to why the impugned Order No.19 dated 22.02.2010 passed by the learned Joint District Judge, 4th Court, Dhaka in Money Suit No.11 of 2007 should not be set-aside. 2. The brief fact relevant for disposal of this Rule is that the sole opposite party as plaintiff instituted a suit be......urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......l of this Rule is that the sole opposite party as plaintiff instituted a suit being Money Suit No.11 of 2007 in the Court of Joint District Judge, 4th Court, Dhaka impleading the defendant-petitioner and others for recovery of damages and compensation on the averments that the plaintiff as an impo.......K. for GBP 8,509,50 and appointed defendant No.2 as pre-shipment inspection agency to issue CRF (clean report findings) certificates after inspection of the goods. The defendant No.2 after receiving documents forwarded the same to their London Office, that is, defendant No.1 for inspection. The d..Category: Fiscal/Taxation Law | Date: | Hits: 156
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....urt and we are conscious of the limitation of this Court under section 115 of the Code of Civil Procedure. Under this section, an allegation that the Courts below had not taken into consideration the relevant provision of law, would not by itself attract the provision of section 115 of the Code of C......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......…………………Opposite Party Judgment May 31, 1983. Result: The rule is made absolute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers United Grain & Fodder Agencies, 16 DLR (SC) 155. Lawyers Involved: ......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..Category: Trust/Waqf Law | Date: | Hits: 124
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
.... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......ess the Executive Committee of the Club and they by resolution of that date suspended the plaintiff for a period of 3 months in using the club and its premises. 17. From a careful scrutiny of die papers filed and the cases of the respective parties it appears that the Executive Committee took co......High Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Abu Ahammad J Delwar Hossain Khan (Md.).....................Appellant Vs. Dhaka Club Limited and another....................Respondents Judgment November 13, 1995. Result: The appea...... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ..Category: Others | Date: | Hits: 154
....orical and lawful decisions of the government, the purported leasing out of coastal forest lands by respondent Nos. 7, 11, 12 to respondent 15-19 amounts to defiance of the lawful instructions of the relevant statutory authorities and is a clear violation of applicable laws and against public intere......h, of no legal effect.
Order of stay granted in this Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
......
Md. Imman Ali J
Md. Abu Tariq J
Bangladesh Environmental Lawyers Association(BELA)……………………Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others……………………..Respondents
Judgment
September 9, 2010.
......ecember, 1985 covers and the contrary assertion of respondent No.9 that the land in question is covered by the said notification cannot be ignored in the context of other circumstantial evidences and documents that were produced during the hearing.
38. Human life and property is much more preciou..
Category: Environmental Law | Date: | Hits: 891
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....2 of 1998 pending on the Court Chief Metropolitan Magistrate, Dhaka should not be quashed and/or such other or under order or orders passed as to this Court may seem fit and proper. 2. Short facts relevant for the purpose of disposal of this Rule are that one Md. Moktadul Hoque claiming himself t......ons created an obstruction to the works of the employees of the trust; it is also alleged in the petition of complaint that different types of deceptive advertisements were also published in the news papers in connection with the trust property and Accused Nos.1 and 2 are also trying to grab the pro......LC (HCD) (2011) 118. ......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......r Association for n/a pl." 5. The Assistant Police Commissioner, Kotwali Zone submitted a report dated 18.04.1980 slating that he took up further investigation into the case, perused the connected papers in the case diary and statements recorded under section 161 of the Cr.P.C visited the place o......with M. K. Dastidar—For the Opposite Parties. Criminal Revision No. 232 of 1982. Judgment Mohammad Habibur Rahman J.—This Rule was issued calling upon the Deputy Commissioner, Chittagong and the accused opposite parties Abdur Razzaque Dovash, Abdul Hamid Dovash, Abdul Halim Dovash, and ......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ..Category: Criminal Law | Date: | Hits: 93
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......amul Haque—For the Petitioner. Md. Hannan with Abul Quasem—For the Opposite parties. Civil Revision No.369 of 1983. Judgment Mustafa Kamal J.- This rule obtained under section 115(1) and 115(3) C.P.C. as they stood on 27.10.1983, calls into question the judgment and order dated 24.0......2 of the Waqfs Ordinance, 1962 alleging breach of trust, misappropriation and mismanagement of the Waqf property. The Administrator of Waqfs after hearing both sides and taking into consideration the documents filed by the parties decided that the appointment of any one person as a sole mutwalli wou..Category: Trust/Waqf Law | Date: | Hits: 121
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....eived and untenable. 10. We have heard the learned Advocates of the both sides, perused the Revisional application along with the connected papers as filed therewith. Now, let us look first at the relevant provisions of the Ain, 2003 with regard to prefer an application by any person aggrieved by......he learned Advocate for the petitioner is totally misconceived and untenable. 10. We have heard the learned Advocates of the both sides, perused the Revisional application along with the connected papers as filed therewith. Now, let us look first at the relevant provisions of the Ain, 2003 with r...... Present: Sheikh Abdul Awal J M. Moazzam Hussain J Harunur Rashid Bhuiyan.......................Petitioner Vs. Pubali Bank Ltd, represented by Manager, Lakshmipur Branch, Lakshmipur and others.........................................Opposite parties Judgment April 27, 2010. ......, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ..Category: Civil Law | Date: | Hits: 176
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
....ssed in Miscellaneous Appeal No.27 of 2009 in respect of the opposite party Nos.1-4 being appellants of the said Appeal. 2. Earlier a Rule was issued on the matter and for disposal of the Rule the relevant facts are briefly stated below: 3. Petitioner's case. The Gafargaon UCCA is a registe......itional District Judge and another for theJoint Registrar, Divisional Cooperative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ......ivision (Civil Revisional Jurisdiction) Present: Md. Emdadul Huq J Fakir A Matin..........................Petitioner Vs. Gaosul Azam Bachchu, Vice President and others.......Opposite parties Judgment October 6, 2010. Result: The Rule is made abs......imary Society cannot be re-elected to any office of the Gaforgaon, UCCA, whether through opposite party No.9 or other person. 24. In considering the above findings of the Appeal Officer, two other documents being Annexure A and B to Writ Petition No.3152 of 2009 need to be looked into. These docu..Category: Others | Date: | Hits: 140
GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)
....a) of the Admiralty Courts Act, 2000 is not maintainable. 6. On the other hand the learned Advocate Mr. Ajmalul Hossain QC appearing on behalf of the plaintiff-petitioner takes this Court to the relevant prayer of the plaint made by the plaintiff and argues that the dispute has arisen out of th......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ...... High Court Division (Admiralty Jurisdiction) Present: AFM Abdur Rahman J GE Sea Co. Services Ltd…………………………Plaintiff-Petitioner Vs. Continental Traders BD Ltd. and others…………………………Respondents Judgment January 14, 2010. Result: T......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 320
....d report was subsequently published in the daily Newspaper as a public notice in compliance with this Court’s order. The Respondent No.6 however does not appear to have taken any further steps. The relevant portion of the report is reproduced:
মতামত ও সুপারি....... In the case of Chancery Academy of English Law all the examination, questions are allegedly sent by e-mail from the University of Williamsburg to Chancery Academy of English Law and the examination papers after being scanned are sent back to the University by e-mail for gradation. It is further st......riginal Jurisdiction)
Present:
Tariq ul Hakim J
Md. Faruque J
Rehana Ali………………………..Petitioner.
Vs.
Bangladesh, represented by the Secretary, Ministry of Education and others …………. Respondents
Judgment
May 24 and 25, 2012.
Result:
The Rule is......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
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Category: Others | Date: | Hits: 146
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