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Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)

.... 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 being Money Suit No.11 of 2007 in the Court of Jo......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. ......22.02.2010, the plaint of the suit as evidenced by 'Annexure-‘A' to the revisional application and the judgment of this Court dated 8.8.2006 passed in Customs Appeal No.5 of 2004 submits that the trial Court below on assessment of the entire materials on record rightly arrived at a finding that ......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..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)

....y directory in nature. This provision has no mandatory character at all in spite of the use of the word "shall" and non-performance of this provision is not attended with any judicial consequence whatsoever. 4. Mr. Lutful Karim, the learned Advocate for the accused petitioners, submits that the......of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ...... hundred and eighty days" the words "three hundred and sixty day" were substituted. 3. Ordinance No. XXIV of 1982 and the amending Ordinance No. LX of 1982 did not provide what would happen if any trial Court could not complete the trial of a case within a period of 180 days or 360 days. In our o......the Penal Code now pending before the Chief Metropolitan Magistrate, Dhaka. Annexure 'B' to the petition is the certified copy of the F.I.R. which shows that the occurrence took place on 25.5.82 and the F.I.R. was lodged on the same date. Enclosure 'C' to the petition is the certified copy of t..

Category: Procedural Law | Date: | Hits: 123

Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)

....titioner except for sale of inclusive tours for which only 3% percent commission was receivable by respondent No.1. Respondent No.1 was liable to remit to the petitioner the money due for the tickets sold not less than once each fortnight i.e. on the 15th and the end of each month. All moneys collec......f Pakistan Vs. Sattar & Sons Ltd. reported in 22 DLR (1970) 170; in which it was held that where there are bonafide disputes relating to the existence of the debt, there a winding up order is not called for. A debt to be a foundation of the order for winding up a company has to be a debt which d......l Receiver of the Government is hereby appointed as the Official Liquidator of the aforesaid Company. Cases Referred to- Molla Abdulla Bhai Vs. Saria Rope Mills Ltd., PLD 1971 Karachi 597; Industrial Development Bank of Pakistan Vs. Sattar & Sons Ltd., 22 DLR (1970) 170; BRTC Vs. Ashraf Ju...... Vs. Air Route Service Limited, others......................Respondents Judgment June 11, 1995. Result: The company, Air Route Service Limited is hereby wound up with immediate effect and the Official Receiver of the Government is hereby appointed as the Official Liquidator of the af..

Category: Company Law | Date: | Hits: 145

Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)

....s made by him on the night of 12th July, 1995 against defendant No.2 and the Club Management in presence of an Executive Committee member and other honourable members of the club. The plaintiff was also accused conduct and personal hearing of often uttering abusive words in the Club about its manage...... 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. ...... the suit and also prayed for an ad interim order of injunction staying the order of suspension issued by defendant No.1 vide letter dated 24.8.95. 4. The respondents entered appearance before the trial Court and riled a written objection against the plaintiffs prayer for temporary injunction. Th......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..

Category: Others | Date: | Hits: 154

Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)

....nessa and others…………………………Petitioners Vs. Kabir Ahmedand others………………………….Opposite Parties Judgment July 16, 1995. Result: The Rule is made absolute. Case Referred to- Abdur Rahman & ors. Vs. Sultan @ Sultan and ors, 35 DLR (AD) 51......oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ......d this Court and obtained the present Rule. 3. Mr. Syed Mahmud Hossain, the learned Advocate appearing on behalf of the petitioners, submits that when the final decree was sealed and signed by the trial Court a petition filed under section 151 of the Code of Civil Procedure is not maintainable. H...... Present: Mahmudul Amin Chowdhury J Sabirannessa and others…………………………Petitioners Vs. Kabir Ahmedand others……………�..

Category: Procedural Law | Date: | Hits: 112

Abdur Rahman Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1997, 26 CLC (HCD)

....ladesh represented by the Secretary, Ministry of Home Affairs and others………………………………………..Respondents Judgment April 3, 1997. Result: The Rule is made absolute. Cases Referred to- SLM Nurul Huq Vs. State, 33 DLR (AD) 141; Ram Milen Vs. Bonsilal, A......strator acted in accordance with law in passing the impugned order of conviction in exercise of power under Regulation 3(4) of the Martial Law Regulation No.1 of 1982 and, as such, the same cannot be called in question. On a reference to Regulation No.3(4) which is as under: "The Chief Martial Law A......registered as Martial Law case No.18 of 1982. 4. To prove its case prosecution examined as many as 16 P.Ws. and the accused persons examined 4 D.Ws. On consideration of the evidence on record, the trial Court namely, the Special Martial Law Court No.2, Bogra by Judgment and order dated 16‑2‑8...... M A Aziz J Abdur Rahman………………………………….Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others………………………………………..Respondents Judgment April 3, 1997. ..

Category: Constitutional Law | Date: | Hits: 259

Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)

....i (Md.)Jounpuri and another……………………Petitioners Vs. State and another……………………Opposite Parties Judgment February 24, 2008. Result: The Rule is made absolute Cases Referred to- Nagendra Chandra Barker Vs. Aftabuddin, 44 DLR (AD) 355; Abul Bashar......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. ......a Begum, learned Assistant Attorney General submits that the certified copy of the plaint in two different suits and the order passed in one of them may be produced in favour of the petitioner at the trial Court as a document for their defence and in deciding a proceedingunder Section 561A of the Co......LC (HCD) (2011) 118. ..

Category: Criminal Law | Date: | Hits: 70

Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)

....olice Station stating that on 21.06.1979 at about 4 P.M. accused Razzak, Halim, Hamid and Karim got into his truck, abused him in filthy language and while he was driving the truck the accused persons moved the steering due to which the truck ran down into the neighboring pond. The accused perso......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. ......he case of Wazir Vs. The State PLD 1962 W.P 405; 14 DLB (Lahore) 21 a Full Bench of the Lahore High Court observed:— ''In the case of incomplete challan, although the Magistrate could start the trial, if he keeps it waiting until another report should come until whatever is wanting should be m......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 ..

Category: Criminal Law | Date: | Hits: 93

Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)

.... Fakir A Matin..........................Petitioner Vs. Gaosul Azam Bachchu, Vice President and others.......Opposite parties Judgment October 6, 2010. Result: The Rule is made absolute. Lawyers Involved: Md. Abdur Rahman Howlader, Advocate-For the petitioner. &......d Appeal Officer and the impugned judgment and order dated 27.10.2009 passed by the learned Additional District Judge. 14. I have also perused the record of Writ Petition No.3152 of 2009 which was called for on the verbal submission of the learned Advocates for both sides. This Writ Petition was ......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..

Category: Others | Date: | Hits: 140

Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)

....e defendant No.1 Administrator of Waqfs as void, illegal and without any lawful authority. By this order passed under sub‑section (1) of section 64 of the Waqfs Ordinance the Administrator of Waqfs sought to evict the plaintiffs from the suit lands alleging that the suit lands belonged to Hazi Faz......edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......f judicial procedure. 5. However it appears from the application for rejection of plaint and the impugned order that the point that the suit is barred under section 102 was not agitated before the trial Court. This point, therefore, may be decided as an issue in the suit. 6. Now we come to the......raying for rejection of the plaint. 2. Plaintiffs‑opposite parties have instituted the suit for declaring an order dated 27‑8‑89 of the defendant No.1 Administrator of Waqfs as void, illegal and without any lawful authority. By this order passed under sub‑section (1) of section 64 of the ..

Category: Trust/Waqf Law | Date: | Hits: 131

State Vs. Mesbahuddin, 1996, 25 CLC (HCD)

....t: Qazi Shafiuddin J Syed J R Mudassir Husain J State…………………………………………Petitioner Vs. Mesbahuddin……………………………………Condemned‑Prisoner Arzan alias Iman Ali & others……………………………………………Appella......tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......��……Appellants Vs. State……………………………………….Respondent Judgment January 31, 1996. Result: The reference is rejected. The Criminal Appeal No.1064/92 and Jail Appeal No.823/93 are allowed. Lawyers Involved: Abdul Malek with Imman Ali and AHM M..

Category: Criminal Law | Date: | Hits: 87

United Edible Oils Limited and another Vs. London Steam Ship Owners Mutual Insurance Association Ltd. and others, 2008, 37 CLC (HCD)

....on (Admiralty Jurisdiction) Present: Syed Refaat Ahmed J United Edible Oils Limited………………………………Plaintiff Vs. The London Steam Ship Owners Mutual Insurance Association Ltd. and others…………………………………Defendants And United Edible O......a P. & I. club there comes into being a policy of marine insurance relating to that ship on the terms of the clubs rules. The rules of most, if not all, P. & I. clubs contain what is commonly called a "pay to be paid" provision. That is a provision, capable of being expressed in a variety of......2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 59. ......y Jurisdiction) Present: Syed Refaat Ahmed J United Edible Oils Limited………………………………Plaintiff Vs. The London Steam Ship Owners Mutual Insurance Association Ltd. and others…………………………………Defendants And United Edible Oils Limited…�..

Category: Admiralty Law or Maritime Law | Date: | Hits: 512

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

....�…..Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Education and others …………. Respondents Judgment May 24 and 25, 2012. Result: The Rule is made absolute in part along with all the aforesaid observations and directions. Lawyers involved: Man......f the fraudulent and deceptive operation of the Respondent No.5 and that she was awarded the Diploma certificate from a fake University named Williamsburg University. It is further stated that the so-called Williamsburg University which is owned by Global has not given any authority to the Responden......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: ......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..

Category: Others | Date: | Hits: 146

Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)

.....Appellant Vs. G. Murshed Reza and others............................Respondents Judgment July 16, 2009 Result: The appeal is allowed. The Civil Rule No. 98(f) of 2009 is made absolute. Cases Referred to- Sitaram Bindraban, a partnership firm at Khamgaon Vs. Chiramjilal B...... to be determined on construction of documents not exactly documents of title but documents having bearing on the question. In such cases fact and law intermixed giving rise to what is ordinarily called mixed question' of law and fact. In those cases the High Court's interference with the deci......pplication for rejecting the plaint are mixed questions of law and fact which need thorough investigation on adequate evidence for arriving at a correct decision on framing specific issues by the trial Court. 48. In the case of Nurunnessa and others Vs. Mohibuddin Chowdhury and others, 49 DLR......t High Court Division (Civil) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J Shawkat Ali Chowdhury...................................Appellant Vs. G. Murshed Reza and others............................Respondents Judgment July 16, 2009 Result: The ap..

Category: Civil Law | Date: | Hits: 200

Md. Bachhu Vs. State, 2009, 38 CLC (HCD)

....k of Dhalia, Police Station & District-Feni........Convict- Petitioner Vs. The State…………………………Respondent Judgment April 12, 2009. Result: The rule is made absolute. Cases Referred to- Abdul Quader Chowdhury and others Vs. the State, 28 DLR (AD) 38; Gh......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......f the accused person, prima facie, submitted charge sheet being No.125 on 06.4.2003 under Section 19A of the Arms Act, 1878. 4. The case has been transmitted to the Special Tribunal No.4, Feni for trial where the same has been registered as Special Tribunal Case No.129 of 2003. 5. At the trial......onvict- Petitioner Vs. The State…………………………Respondent Judgment April 12, 2009. Result: The rule is made absolute. Cases Referred to- Abdul Quader Chowdhury and others Vs. the State, 28 DLR (AD) 38; Ghulam Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317; Gian..

Category: Criminal Law | Date: | Hits: 115

M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)

....��…………………………Petitioners Vs. Joint District Judge & Others………………………………Respondents Judgment March 22, 2005. Result: The Rule is made absolute. Cases Referred to- Mahamad Kamal Vs. Ahmed Ali and others, 87 IC (1925)-746; Gajanan C......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......ion of attachment against the petitioners, and the petitioner No.2 informed by one of the officials of the respondent bank about the filing of the title execution case. It has been contended that the trial Court which was passed the preliminary decree had no lawful authority to draw final decree aft......se is also Reported in: 15 BLT (HCD) (2007) 99. ..

Category: Limitation Law | Date: | Hits: 162

Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....m Chowdhury J.- This Rule Nisi was issued on 08.06.1997 calling upon the Respondents to show cause as to why Fazlu alias Hafiz alias Hafizur Rahman alias Happy should not be brought before this Court so that it may satisfy itself that he is not being held in an unlawful manner and to show cause as t......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......56 and 58 of the Prisoners Act, 1894 and the Rule Nos. 485, 486, 708, 718 to 721 of the Jail Code. Since these are the provisions of law relating to imposition of bar fetters to a convict or an under trial prisoner. Since imposition of bar fetters is a sentence for the offences committed within the ......cial Original Jurisdiction) Present: Nozrul Islam Chowdhury J Md. Rezaul Haque J Ain-O-Salish Kendro (ASK)………………………………Petitioner Vs. Government of Bangladesh and others……………………………………Respondents Judgment April 19, 26, 27, 200..

Category: Constitutional Law | Date: | Hits: 219

Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)

...." dated 8-8-2006 and 8-7-2007 for donation of land for this purpose. Thereafter, in response to the advertisement dated 8-7-2007 Haji Md. Abdul Momith (Petitioner in WP 3772 of 2008) agreed to donate some land for the construction of UPCB. Thereafter, the Parishad in its meeting unanimously decided ......ood or erosion of Kushiara river as it is on a high land. It is well communicated both by road and river. The Government's decision is final relating to selection of site for UPCB and thus, cannot be called in question in the writ jurisdiction and the rule, is liable to be discharged. 7. The peti......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ..

Category: Property Law | Date: | Hits: 130

Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)

.... Hossain (Md.)...............................Petitioner Vs. Shakhina and others..............................Opposite-Parties Judgment February 2, 2012. Result: The Rule is made absolute. Case Referred to- MH Saya & Co. Vs. Wazir Ali Industries, 21 DLR (SC) 50; Abdul Qa......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......e-emptee opposite party contested the case by filing a written objection contending that the case is not maintainable in law. The learned Assistant Judge, 4th Court, Gazipur Sadar after conclusion of trial by its judgment and Order dated 20-4-1994 rejected the said pre-emption case. 3. After pass...... 320. ..

Category: Property Law | Date: | Hits: 117

Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)

.... and after the death of the aforesaid Syed Mohammad Ali, the opposite party No.4 inherited the case land and they did not possess the suit land, for last 60 years; that the petitioner and his predecessors have been possessing the same; that on 29-10-1987 the opposite party No.4 sold out the case lan...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... and have been paying rents etc. That in view of the aforesaid facts and circumstances the present false pre-emption case of the petitioner is liable to be dismissed with cost. 5. That the learned trial Judge on the basis of the pleadings of the parties framed as many as 5 issues for effectual di......se is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ..

Category: Property Law | Date: | Hits: 138

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