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

....ute. The Code of Civil Procedure, 1908(Act No. V of 1908); section 24 A case can be transferred on any of the following grounds:— (i) Reasonable apprehension in the mind of the litigant that he may notget justice in the Court where the suit is pending; (ii) Where the judge is interest......idering where the witnesses resides, or the account books are kept…….……………..(16) The initial conditions for transferring the case are that it should be filed at the earliest possible time and next, before settlement of issues…………….(17) The Learned Judge after passing th......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. ......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. ..

Category: Procedural Law | Date: | Hits: 179

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

....o 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. ......-11-2010. But although the plaintiff submitted original two bills of leading dated 12-9-2010 to the shipping agent of the Vessel, yet the defendant vessel failed to discharge the cargo and in the meantime twenty days have elapsed after tendering the notice of readiness by the defendant vessel on 8-1......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. ......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. ..

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

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

....uisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982) section 3 The Law of Acquisition gives the Deputy Commissioner power to acquire property in two likely situations. Firstly, if the property is needed and secondly, if the property is likely to be needed. A p......provisions of section 3 of the Ordinance the Deputy Commissioner has to say whether the property in question is needed or alternatively whether it is likely to be needed but he cannot say at the same time that it is both needed or likely to be needed. On considering the notice under section 3 of the......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. ......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. ..

Category: Property Law | Date: | Hits: 85

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

....l 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. Result: ......petitioner that there is no averment in the charge-sheet when FIR has been transmitted to the investigating authority of the Anti-Corruption commission though, respective rule has prescribed 2 days time to forward the FIR on lodging the FIR does not bear any substance as this is absolutely a proce......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. ......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. ..

Category: Procedural Law | Date: | Hits: 86

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

.... High Court Division (Civil Revisional Jurisdiction) Present: SM Emdadul Hoque J Abu Taher Chowdhury and others………………………..Plaintiff-Respondent-Petitioners Vs. Showkat Ali and others……………………..Opposite Parties Judgment April 10, 2012. Result...... No. XXVIII of 1951); s. 75A Since the provision of subletting has already been prohibited by the amendment of law, none can sublet any property and if any agreement is continuing at the time of this amendment of law, that shall be cancelled and the suit premises should be returned ba......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ..

Category: Administrative Law | Date: | Hits: 175

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....nd against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......C 1230 at 1233 are, i. the lineal male descendents of a person up to the third generation, acquire on birth ownership in the ancestral properties of such person; ii. Such descendents can at any time work out their rights by asking for partition; iii. till partition each member has got owner......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ..

Category: Fiscal/Taxation Law | Date: | Hits: 138

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

....thers....................Opposite Party Judgment December 18, 2008. Result: The Rule is made absolute. On legitimacy of children The evidence of others cannot be taken as corroborative evidence since it being none other than the couple can lead evidence whether or not they had a....... On legitimacy of children The evidence of others cannot be taken as corroborative evidence since it being none other than the couple can lead evidence whether or not they had access at the time of conception. It is only the husband and wife who could say whether they had co-habitation or ......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. ......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. ..

Category: Family Law | Date: | Hits: 114

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

........................Petitioner Vs. Bazal Ahmed and 3 others……………………..Opposite Parties Judgment April 2, 1995. Result: The reference is rejected. Whether a Magistrate is competent to take cognizance of an offence in respect of an accused person on the basis of a ......d by the Code of Criminal Procedure in respect of the proceeding before him is exhausted and he is not empowered to take any further action in the matter. 2. It appears from the record that at the time of hearing, the case of Md. Sharif and others Vs. Md. Baharuddin Chowdhury and the Statereporte......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. ......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. ..

Category: Criminal Law | Date: | Hits: 138

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

..... Cases Referred to- Alhaj B.N. Khan (Degree) College Vs. Md. A. Rahim and others, 7 BLT (AD) 153; Bijoy Kumar Saha Vs. Deputy Commissioner, Chuadanga and others, 55 DLR 550; Board of Intermediate and Secondary Education Rajshahi Vs. Md. Mirajul Alam, 47 DLR (AD) 167; Dhunat Degree College Vs......d upto the Appellate division. In that case it was held that there was cause of action in the suit. But in the instant case the allegation made by the defendants were admitted by-the plaintiff at the time of cross-examining her. The case law of Dhunat College Vs. Abdus Samad reported in 49 DLR 38 is...... of the college or is guilty of professional misconduct shall be liable to all or any of the following penalties. Namely: (a) censure; (b) withholding of increment for a specific period; (c) recovery from pay of the whole or part of any pecuniary loss caused to the college by negligence of ...... 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. ..

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

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

....vision (Special Original Jurisdiction) Present: Mohammad Abdur Rashid J Md. Miftah Uddin Choudhury J Mohammad 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,......uty, as the case may be, in case of importation of a vehicle by a member of Parliament, subject, however to certain conditions. 28. Paragraph (ক) allowed any MP after being elected for the first time and taking oath to import a vehicle of the prescribed description provided that the tenure of t......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. 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)

....74. ...... period mentioned in section 10 of the Ain. It is not denied Justice delayed Justice denied and it also not denied Justice hurried Justice buried. To complete a number of cases within a short span of time the judge may cause grievous fault resulting in a miscarriage of justice…………………�......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. ......iven i.e. for public interest certain cases are to be tried by Druta Bichar Tribunal. …………………….(15) The Druta Bichar Tribunal is empowered to try the offences of murder, rape, firearms, explosive substance and drug. On each of the categories of the offences, normal Criminal Court..

Category: Procedural Law | Date: | Hits: 84

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

.... The suit is dismissed without 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 ...... carriage from Hull in the UK to Mongla in Bangladesh. The reading of the plaintiff's cargo commenced on 22-9- 1999, when the vessel arrived at the load port Hull, 10 days after her advised estimated time of arrival (ETA) and the estimated time of departure (ETD) was revised to 24-9-1999 with the ET......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. ......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. ..

Category: Limitation Law | Date: | Hits: 174

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

....Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......cause notice. Section 20A (b) reads as follows: "Power of the Board to dissolve the executive committees of certain organisations, etc.- Notwithstanding anything contained in any other law for the time being in force, or in any, agreement, contract, memorandum or articles of association or any, o......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. ......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. ..

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

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

.... manner of the voting, but from the result, the total votes appeared to have been so received by the petitioner figuring 876 and the number of total valid votes being 870, the obvious conclusion is that rigging took place. In such circumstances the Election Commission being vested with the power to ......ry functionaries ineffective. It is rather difficult to draw a line of demarcation of the field where this power should be exercised and where should not. But from the experience it is found that sometimes statutory functionaries on the spot do not make timely report as to any disturbance during pol......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. ......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. ..

Category: Election Law | Date: | Hits: 591

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

....udgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......2003 provides that in order to counting the days under the provision of this Ain, only the working days of the Court shall be counted. Although, in this case we find from the chart for calculation of time as given in the writ petition that the petitioner did not minus so far it relates to non workin......rovision, it manifests that if a suit is a mortgage suit and brought for foreclosure, in that case, the decree pronounced by the Adalat shall be a preliminary decree and the decrees of the Adalat for recovery of loans in other cases are to be treated final decrees. Therefore, we find no merit in the......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. ..

Category: Civil Law | Date: | Hits: 170

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

....ition, 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. ...... under Rule 7(5) of the Government Servants' (Discipline and Appeal) Rules, 1985. The petitioner received the aforesaid notice dated 26.5.96 only on 2.6.1996, that is, one day after the expiry of the time allotted for showing cause and in the circumstances the petitioner instantly on 2.6.1996 filed ......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. ......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. ..

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

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

....�…Appellants Vs. Sharif Hossain Chowdhury and others………………………………Respondents Judgment January 31, 2010. Result: All the appeals are allowed. The declaration of the learned judge that the deeds in favour of defendants are product of forgery, collusive ......tition. 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 witness. Mr. T.H. Khan, learned Advocate, at the time of hearing, produced a copy of the gazette notification of 1951 but this Gazette does not refle......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. ......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. ..

Category: Property Law | Date: | Hits: 80

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

....ith any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......f the transaction which resulted in his death in cases in which the cause of that person's death comes into question is admissible in evidence being relevant whether the person was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceedi......th Monir went to the police station of Uttara and Monir wrote the FIR at his instruction and he mentioned the cut injuries of the veins of hands, legs of the victim Babul and also mentioned about the recovery of the victim Babul from the beel in the FIR. The Daroga interrogated him in the hospital a......rther testified that accused Alauddin, Sahabuddin, Abdur Razzaq and Ishaq cut two hands and veins of the two legs of the victim Babul by a 'Chapati', Chinese axe and also had broken the bones of both arms of the victim; that the other accused persons namely Ali Hossain Bhuiyan, Shahin, Ruhul Amin, E..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....m their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......ge-sheeted accused persons were put on trial before the Special Tribunal No.1, Panchagarh and charge under section 25B (2) of the Special Powers Act, 1974-was framed against all of them. 5. At the time of the trial, the prosecution examined as many as 9 (nine) witnesses to prove the case. 6. T......tions to give effect to the manifest intention of the legislature or to make up deficiencies which are left there. If the Court does so, it would amount to be legislation. As such, for possession and recovery of any illegal foreign currency including Indian currency from a person cannot be a pun......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..

Category: Criminal Law | Date: | Hits: 84

Md. Ismail Vs. State, 2012, 41 CLC (HCD)

.... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Habibul Gani J Md. Ismail………………………………Petitioner Vs. State……………………………..Opposite party Judgment June 14, 2012. Result: T...... aid when there is a flagrant abuse by subordinate Court……………….(13) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 247 If the complainant took time in several occasions intentionally for dilatory tactics in order to harass the accused and to......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..

Category: Procedural Law | Date: | Hits: 94

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