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Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......lute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......pping Lines, Complaint Case No. 758a/83 was rejected by the learned Chief Metropolitan Magistrate by order dated 12.9.83 and that the petitioners committed no offence and the allegations are of civil nature. It appears from the order sheet of the Magistrate that no order was passed on the aforesaid ..Category: Criminal Law | Date: | Hits: 67
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31....... of the Constitution of the People's Republic of Bangladesh is directed against an office order dated 19.11.86 (Annexure B) passed by the respondent no. 2, the Vice-Chancellor and issued under the signature of the respondent no. 4, the Assistant Registrar and Secretary to the Vice-Chancellor, Bangla..Category: Criminal Law | Date: | Hits: 74
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18.......trict Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18.......t of the state. This ground is obviously vague because nothing was disclosed or alleged as to how the detenu was a veteran smuggler and where and how he was involved in smuggling as also what was the nature of the smuggling or as to its time, place and manner. The second ground was stated saying tha..Category: Criminal Law | Date: | Hits: 40
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.OppParties. Judgment August 3, 1987. Lawyers Involved: Syed Ishtiaq Ahmed with Ozair Farooq, Advocates - For the Petitioner. Dr. Kamal Hossain with Kazi Shahabuddin Ahmed and Salahuddin Ahmed, Advocates - For the Opposite Party. Civil Re......ta. Before the Indian Supreme Court the simple question was whether the subsequent application under Order 9, rule 13 on the same ground of illness operated as a res judicata. 11. Dealing with the nature of proceedings under Order 9, rule 7, the Indian Supreme Court held that when the ex parte he..Category: Civil Law | Date: | Hits: 83
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......ower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......aintainable as the plaintiff is not a financial institution as contemplated under the Artha Rin Adalat Ain. He submits that Artha Rin Adalat though is a Civil Court but it is a Civil Court of defined nature and it is not an Ordinary Civil Court as contemplated under the Code of Civil Procedure and..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......rawn up against the Home Minister for the alleged statements. 16. Mr. Moudud Ahmed further submits that the statements made by the Home Minister in the Parliament are very much wide and general in nature and it has, in fact, affected the independence of judiciary and the judicial functions of the..Category: Criminal Law | Date: | Hits: 54
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......itioners Vs. Hosne Ara Lili…………..Opposite Party Judgment March 16, 2001. Lawyers Involved: Shafique Ahmed with Shahidul Islam, Advocates- For the Petitioners. Jamiruddin Sircar with Bazlul Ghani, Advocates- For the Opposite Party. Civil Revision No. 3630 of 1998. ......r the section must be understood to mean and include both physical and constructive. 15. Admittedly, the plaintiff was a tenant under her landlord, defendant No.1. It must not lost be sight of the nature of such possession of a tenant which was nothing more than constructive possession of her lan..Category: Civil Law | Date: | Hits: 82
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......f without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325....... days from the date of service thereof, but under the prevailing circumstances of the slum dwellers, the notice that has been contemplated is not possible to be served upon them due to their floating nature and having no permanent hut as they live mostly in basti and having no fixed number and addre..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......wscaster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabja......ointed out by the Pakistan Supreme Court in the case of Abdus Salam, Editor Pakistan Observer and others Vs. The State. Their Lordships have held it to mean that the offending words should be of a nature or character, proper or likely to obstruct or interfere in that manner. 174. Remarks made..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. Â ...... any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. Â ......cause as to why layout plan dated 18-10-92 (Annexure-F) shall not be declared to have been made without any lawful authority and of no legal effect and the respondents were directed not to change the nature and character of the lands earmarked in the original master plan (possibly meant layout plan)..Category: Property Law | Date: | Hits: 55
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......is also Reported in: 53 DLR (2001) 381. ...... the particulars declared by the shipper or not to enter them and further protects the carrier by making shipper liable for compensation for misrepresentation taking into consideration the commercial nature of the bill of lading which is a negotiable document it is necessary that where COGSA or Hagu..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......squito coil is Taka 678.00 per cartoon (600 pieces) ARS Coil is Taka 869.00 per cartoon(600 pieces) and Cock brand mosquito Coil is Taka 640.00 per cartoon (600 pieces) and those coils are similar in nature and quality with the petitioner’s product. Thereafter the respondent gave notice to the pet..Category: Fiscal/Taxation Law | Date: | Hits: 91
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......Enayetur Rahim, Advocate—For the Petitioners. Md. Mahbub Ali, Advocate—For the Opposite Parties. Civil Revision No. 2271 of 2000. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned order dated 4-5-2000 passed by......by now an established principle of law that wrong description of section would not be a bar in allowing proper relief under proper provision of law. Miscellaneous case is not a proceeding of original nature. But this is yet a proceeding and section 153 of the Code of Civil Procedure provides the gen..Category: Procedural Law | Date: | Hits: 86
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......ase is also Reported in: 53 DLR (2001) 368.......the learned Advocate Mr. Abdus Samad. 29. Before going to consider the main issue we must say that the plaintiffs took pleas which do not come under the purview of law. 30. Having regard to the nature and incidence of Octroi unless the octroiable goods which are consumed or used are meant to r..Category: Fiscal/Taxation Law | Date: | Hits: 91
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......rder of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......rary but judicial discretion, based on established legal principles, handed down to us over the centuries. 13. In the instant case, the FIR disclosed direct allegations of offences of very serious nature against the accused-respondent No.1 and other accused-respondents in which one person died an..Category: Criminal Law | Date: | Hits: 68
.... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280.......gh Court Division
(Civil Revisional Jurisdiction)
Present:
Gour Gopal Saha J
Sikder Maqbul Huq J
Gold Topps Co. Hong Kong and others………………… Petitioner
Vs.
Trading Corporation of Bangladesh and Another…………………Opposite Party
Judgment
October......ng new claims of damage by filing written objection contending, inter alia, that the new claims of the plaintiff are hopelessly barred by limitation and the proposed amendment would verily change the nature and character of the suit and of the pleadings and, consequently, the proposed amendment cann..
Category: Civil Law | Date: | Hits: 91
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....ties were not observed in the recording of confessional statement and, as such, the conviction and sentence based on disputed confession are liable to be set aside, that the confessional statement is exculpatory in nature and the appellant did not implicate himself in the participation of commission......ith a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......bserved in the recording of confessional statement and, as such, the conviction and sentence based on disputed confession are liable to be set aside, that the confessional statement is exculpatory in nature and the appellant did not implicate himself in the participation of commission of murder and,..Category: Criminal Law | Date: | Hits: 38
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......e above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......in 30 days from the date of decree and on payment of 50% of the decretal amount. We see that the relevant amendment came in 1990. It has been stated in the said provision of law that the suits of the nature of Artha Rin suit as earmarked in the said Act pending immediately before the said Act and th..Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......nt No. 1 denying the allegation in rule application and asserting, inter alia that the petitioner was never a permanent Nikah Registrar for ward Nos. 46-47 and 48 but his appointment was of temporary nature and due to misconduct in discharge of his duty his licence was revoked following the procedur..Category: Constitutional Law | Date: | Hits: 109
....im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......aya Samity Dokandar & others……………………..Opposite Parties
Judgment
April 12, 2001.
Cases Referred To-
Nandan Pictures Ltd Vs. Art Pictures Ltd, AIR 1956 Calcutta 428; Ministry of Communication Vs. Md Ferozur Rahman, 45 DLR 762; Abul Hayat Vs. MA Reja, 47 DLR 170; Renu......ns of section 115 of the Code, the jurisdiction of this Division is based upon the premise where no appeal lies from a decision of a Court subordinate to this Division and this jurisdiction is in the nature of discretion as was restated in the decision cited by Mr. Khondakar in 50 DLR (AD) 142. But ..
Category: Civil Law | Date: | Hits: 84
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