Judgment search - Chancery Law Chronicles

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Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

....at he will not get fair justice before the Court presided over by the learned Judge, Mr. Abdur Rashid Mia. Learned Advocate in support of his submission relied on some of the decisions of India and Bangladesh jurisdiction. 6. Mr. Md. Iqbal Hossain, learned Advocate, for the opposite party, on t......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Md. Enamul Haque…………………….Defendant-Petitioner Vs. Md. Ekramul Haque and others…………………..Plaintiff-Opposite Party Judgment J......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......s order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..

Category: Procedural Law | Date: | Hits: 179

LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)

.... Judgment December 7, 2010. Result: The suit is disposed of with direction. The Customs Act, 1969 (Act No. IV of 1969); section 73 Whenever vessel comes into the territorial water of Bangladesh with the Bangladesh bound cargo it must discharge the same in accordance with the provisi......CD) (2011) 256. ......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......76; KYCR Coil Industries Ltd. Vs. MV Thor Transity and other, 10 BLC 663. Lawyers Involved: Moinul Hosein, Senior Advocate - For the Plaintiff. M Hafizullah, Senior Advocate with Md. Ohiullah, Advocate - For the Defendant No.1. M Zahir, Senior Advocate - For the Defenda..

Category: Admiralty Law or Maritime Law | Date: | Hits: 490

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....tional Commissioner, Dhaka Division, 41 DLR 326; Abdul Kader Vs. Masaddar Ali, 3 BLC (AD) 211; Jaichand VWO AIR 1967 SC 483; Abdur Rauf Vs. Abdul Hakim, 17 DLR (SC) 515; Khandoker Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 22. Lawyers Involved: AKM Fazlul Hoque, Advocate - For the petitioner.......n:61 DLR (HCD) (2009) 112. ......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......y learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ..

Category: Property Law | Date: | Hits: 85

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....ght to justify his alleged assertion during the course of trial but that cannot be any ground to quash the proceeding when the trial has already been started. Cases Referred to- Rezaul Bari Vs. Bangladesh, 16 BLC 54; Golam Sarwar Hiru Vs. State, 13 MLR (AD) 103 = 14 BLC (AD) 26. Lawyers Inv...... (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Haque J Md. Mozibur Rahman Miah J Kartick Chandra Das and another…………………………………Accused-Petitioners Vs. State………………………….……Opposite-Party Judgment June 17, 2012. R......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......e for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..

Category: Procedural Law | Date: | Hits: 86

Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)

....e is also Reported in: 61 DLR (HCD) (2009) 635. ......35. ...... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......st. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ..

Category: Procedural Law | Date: | Hits: 83

Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)

....ere married on 24th February, 1995 at a dower amount of Taka 50,000. The couple was blessed with a son and a daughter in the said marriage, the plaintiff Nos.2 and 3. Defendant No.1 is serving in the Bangladesh Rifles. Soon after their marriage the defendant No. 1 treated the plaintiff No. 1 with cr...... in: 61 DLR (HCD) (2009) 697. ......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......to be the father of the child……………………………..(14) Cases Referred to- Sibt Mohammad Vs. Mohammad Hameed, ILR 48 Allahabad 625; Khorshed Alam Vs. Amair Sultan, 38 DLR (AD) 133; Md. Alladat Khan Vs. Md. Ismail Khan, 10 ILR (All) 289; Habibur Rahman Chowdhury Vs. Altaf Ali Chowd..

Category: Family Law | Date: | Hits: 114

Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)

....milla Bench) (Civil Appellate Jurisdiction) Present: Sultan Hossain Khan J Md. Abdur Rouf J Sree Sree Ananta Dev Chakra Bigrah & others……………………Appellants Vs. Bangladesh & others………………………Respondent Judgment April 20, 1983. Resul...... (Comilla Bench) (Civil Appellate Jurisdiction) Present: Sultan Hossain Khan J Md. Abdur Rouf J Sree Sree Ananta Dev Chakra Bigrah & others……………………Appellants Vs. Bangladesh & others………………………Respondent Judgment April 20, 1983. ...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ....... Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ..

Category: Property Law | Date: | Hits: 74

Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....ature of certiorari would always be justified even though a right of statutory appeal had not been availed of. Cases Referred to- Zahur Ahmed Vs. Commissioner of Customs and others, 51 DLR 206; Bangladesh Bank and others, Vs. Zafor Ahmed Chowdhury and another, 50 DLR (AD) 175; M.A. Hye, Md. Wa......ent: Md. Ashfaqul Islam J SM Emdadul Hoque J Ocean Accessories Limited, Represented by Managing Director, E-19/6, Merul Badda, Gulshan, Dhaka and another……………………Petitioner Vs. The National Board of Revenue, represented by its Chairman, Rajashwa Bhaban, Segunbagicha, D......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ..

Category: Fiscal/Taxation Law | Date: | Hits: 174

Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)

.... law declared by the Appellate Division is binding on all Courts including the High Court Division and the law declared by either Division of the Supreme Court is binding on all subordinate Courts in Bangladesh. So, the learned Additional Sessions Judge labouring under the misconception of law follo......996) 327. ......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......o distrust and the facts constitute an offence under the law, it would be incumbent on the part of the learned Magistrate to issue process…………………………..(4) Cases Referred to- Md. Sharif and others Vs. Md. Baharuddin Chowdhury and the State, 30 DLR 344; 29 DLR (SC) 256. La..

Category: Criminal Law | Date: | Hits: 138

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......ase is also Reported in: 15 BLT (HCD) (2007) 355. ...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......also Reported in: 15 BLT (HCD) (2007) 355. ..

Category: Employment/Service Law | Date: | Hits: 118

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

.... 1160413, year of Manufacture-2006, Capacity-4700 CC, and country of Origin Japan by opening a letter of credit dated 21.08.05, hereinafter referred to as the vehicle. After arrival of the vehicle in Bangladesh, the petitioner got it cleared on 06.09.06 by submitting necessary shipping documents and......hammad Shahidul Islam @ Mufti Shahidul Islam, son of late Shamsul Haq Sarder of 21/17 Babar Road, Mohammadpur, Dhaka, Permanent address 1/D, 7/17, Mirpur, Dhaka-1612…………………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others……�......eged that the petitioner in violations of terms of aforesaid Notification being SRO No.266 dated 22.08.05 transferred the vehicle to one Md. Wali Ullah. Wali Ullah then transferred the vehicle to Md. Shahabuddin Ahmed, then, Md. Shahabuddin Ahmed transferred the vehicle to Md. Saiful Islam and Md. S...... This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....umber of cases within a short span of time the judge may cause grievous fault resulting in a miscarriage of justice…………………………(17) Case Referred to- Muhibur Rahman Manik Vs. Bangladesh, 55 DLR 636; Abdul Kader Mirza Vs. Bangladesh, 56 DLR 31. Lawyers Involved: Saifudd...... (2009) 474. ......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......Case Referred to- Muhibur Rahman Manik Vs. Bangladesh, 55 DLR 636; Abdul Kader Mirza Vs. Bangladesh, 56 DLR 31. Lawyers Involved: Saifuddin Mahmood, Advocate — For the Petitioners. Kazi Md. Sajawar Hossain, Advocate — For the Informant Opposite Party. Md. Helaluddin Mollah, Deputy..

Category: Procedural Law | Date: | Hits: 84

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

.... any order as to costs. Cases Referred to Trans Oceanic Steamship Co. Ltd. Vs. Adamjee Insurance Co. Ltd., 46 DLR 23; Gladstone Wyllie Vs. Shahidi Trading Corporation, 10 DLR 307; Albert David (Bangladesh) Ltd. Vs. Brestern Shipping Company Ltd, 1983 BLD 3 =34 DLR 362; Karachi Steam Navigation...... Reported in: 61 DLR (HCD) (2009) 463. ......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......West Steamship Co, Georgetown, Madras Vs. SK Ramalinga Chettiax, AIR 1960 SC 1058. Lawyers Involved: Masood R Sobhan with AFM Saiful Karim, Advocates — For the Plaintiff. M Hafizullah with Md. Al-Amin Sarker and Md. Ohiullah, Advocates — For the Defendants. Admiralty Suit No. 6 of 20..

Category: Limitation Law | Date: | Hits: 174

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....otice, if any order is passed, that will be violative of the principle of natural justice and as such the order cannot stand…………………………………………(7) Case Referred to- Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 46 DLR (AD) 1. Lawyers Involved: Mahbubu......dul Aziz J Mir Daulat Hossain…………………………..Petitioner (Writ Petition No.614 of 1998) Nuruzzaman……………………………..Petitioner (Writ Petition No.689 of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In b......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......ut any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..

Category: Employment/Service Law | Date: | Hits: 100

Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)

....Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Md. Abdul Aziz J Abdul Quader Farazi………………………..Petitioner Vs. Chief Election Commissioner, Bangladesh & others………………………Respondent Judgment June 28, 1998. Result......98) 636. ......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..

Category: Election Law | Date: | Hits: 591

FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)

....cree passed by the Artha Rin Adalat…………………………(10) Case Referred to- Zahirul Islam Vs. National Bank Ltd. 46 DLR (AD) 191; Gazi M Towfic Vs. Agrani Bank, 54 DLR (AD) 6; Bangladesh Agricultural Development Corporation (BADC) Vs. Artha Rin Adalat, 59 DLR (AD) 6. Lawye...... 61 DLR (HCD) (2009) 223. ......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......onal Bank Ltd. 46 DLR (AD) 191; Gazi M Towfic Vs. Agrani Bank, 54 DLR (AD) 6; Bangladesh Agricultural Development Corporation (BADC) Vs. Artha Rin Adalat, 59 DLR (AD) 6. Lawyers Involved: Md. Asrarul Hoque, Advocate — For the Petitioner. Akram H Chowdhury, Advocate — For Added Res..

Category: Civil Law | Date: | Hits: 170

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

..... ......09) 214. ...... not maintainable……………………………(13) Case Referred to- Faridsons Ltd. Vs. Government of Pakistan, 13 DLR (SC) 233; Nawabkhan Abbaskhan Vs. State of Gujrat, AIR 1974 (SC) 1471; Shahajadi Begum Waqf Estate Vs. Secretary, Ministry of Communication (Roads and Railway) Dhaka, Bang......ourt earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ..

Category: Property Law | Date: | Hits: 107

Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)

....llow the Government Servants (Discipline and Appeal) Rules, 1985 but in that case such a Statutory Body must follow the same in full and not in part………….(17) Case Referred to- Chairman, Bangladesh Council for scientific and Industrial Research (BCSIR) and another Vs. Abdul Khaleque, 43......ha, Police Station Kotwali, District-Comilla and Section Officer (now dismissed), College Section, Board of Intermediate and Secondary Education, Comilla……………………………Petitioner Vs. Board of Intermediate and Secondary Education, Comilla, represented by its Chairman, Laksham ......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......late Division Order on Civil Petition for Leave to Appeal here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Tariq-ul Hakim J Afzal Hossain Ahmed J Md. Shafiqul Islam, son of late Sekendar Ali, village-Uttar Chartha, Police Station Kotwali, Distric..

Category: Labour and Industrial Law | Date: | Hits: 2706

Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)

....nts the learned Judge declared the suit land vested in the Government. 18. If it is be true, then it required Government to file a suit for partition. It appears that some of the land was given to Bangladesh Betar. We do not understand why Government did not produce any evidence or adduce any wit...... (2010) 194. ......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......t before the trial Court. ………………………………(17) Lawyers Involved: T.H. Khan, Advocate, with Moin Uddin Advocate - For the appellant (In First Appeal No. 64 of 2003). Md. Khalilur Rahman, Advocate - For the Respondent No. 23 (In First Appeal No. 64 of 2003). ..

Category: Property Law | Date: | Hits: 80

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....nder review and thus he prays for allowing the present appeals and acquitting the appellants. 79. In this regard we may profitably refer Article 111 of the Constitution of the People's Republic of Bangladesh in the following lines: "111. The law declared by the Appellate Division shall be bind......) (2009) 54. ......m Abdur Rahim who called from the house of Jakir Hossain Jiku of Uttara and informed him that Shobhan, Shahidullah and Abul Kashem are with him and he told Shobhan that the accused Alauddin, Emdadul, Shahabuddin, Abdur Razzaq, Ishaq, Jabayer, Shahin, Ali Hossain, Ali Hossain Bhuiyan, Selim and Ruhul......…………………(73) Cases Referred to- State of Uttar Pradesh Vs. Chat Ram, AIR 1985 (SC) 1543; Khasru alias Korshed Vs. State, 35 DLR 119; Babloo Vs. State, 47 DLR 537; Nazir Hussain Vs. Md. Shafi, PLD 1965 SC 188 = 17 DLR (SC) 40; Md. Ramzan Vs. Nasir Hossain, 21 DLR (SC) 104; Abul Kal..

Category: Criminal Law | Date: | Hits: 85

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