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Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ......d before 1961 and thereby the preemptor by the kabala dated 18.10.1977 from Momena did not acquire the status of a co-sharer; that the preemptor in their written objection admitted the fact that CS recorded tenant Ibrahim died leaving behind widow Taiman and a daughter Ayesha; that during pre-empt......ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......ndent only acted upon the instruction of the Attorney General's office with regard to the withdrawal of the cancellation order. By a supplementary affidavit respondent No.8 produced papers from the records of the Department of Shipping relating to the application for NOC by M/S Madina Enterprise......ontain many hazardous materials and some other toxic wastes are generated in the process of cutting and dismantling. Statistics show that every year around 600-700 larger sea vessels are taken out of service and brought into Asia for scrapping. The open sea and beach in the Sitakunda area of Chittag..Category: Environmental Law | Date: | Hits: 688
Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)
....osed of. Let a copy of this order be immediately transmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ...... of danger to human life, health or safety, or a likelihood of a riot or an affray, the Government, by notification in the official Gazette, otherwise directs." 6. It does not transpire from the record that the Government by a notification in the official gazette otherwise directed in this inst......osed of. Let a copy of this order be immediately transmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ..Category: Criminal Law | Date: | Hits: 74
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......, P.W.4 lodged the FIR orally and hence the case. 4. Then the police took up the investigation, visited the place of occurrence, prepared sketch map along with Index of the place of occurrence and recorded the statements of the witnesses after examining them and prima-facie case being made out ......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....hen the RAB personnel told him to the effect that; “আপনি মসজিদের লোক মসজিদে থাকেন” 31. He further deposed that he knows accused Dolon as a good person and in the locality there was no allegation or bad allegation against accused Dolon. Bef......d the alleged arms from the exclusive possession of convict Dolon. As such the Special Tribunal in convicting the appellant rightly relied on their evidence. 10. Let us now discuss the evidence on record to ascertain whether the learned Judge of the Special Tribunal is rightly and legally awarded......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ..Category: Criminal Law | Date: | Hits: 99
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......bbing the land of the petitioner's of the Dhaka City Corporation involves disputed question of fact relating to the identity of title and possession over the land and therefore we are not inclined to record any decision on that aspect and Writ Petitioner may approach the appropriate authorities incl......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ..Category: Civil Law | Date: | Hits: 74
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
....on of law. So, the same stands rejected having been devoid of any substance. On the contrary the submissions advanced by the learned Counsel for the opposite party No.1 prevails and appears to have a good deal of force. 20. In view of discussions made above and the preponderant judicial views eme......the Rule and submits that after marriage the plaintiff and defendant led conjugal life, so the legal presumption would be that the marriage was consummated. He adds that after considering evidence on record the learned Judge of the Court of appeal below rightly decreed the suit as a whole, which cal...... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....to and provisions of law and heard the learned Advocates for the contesting parties. 13. On perusal of the same it appears that in the case in hand the parties entered into a contact for supply of goods and in the said contact/agreement a clause namely "arbitration" clause was incorporated. Ult......ent Nos.3 and 4 as parties to the arbitration, and admittedly from the plain reading of the agreement, it appears that the respondent Nos.3 and 4 are not implicated in any manner. On the basis of the record, it is apparent that the interim relief is being sought against such persons who are not at....... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ...... ৪ জন পরিচালক উপস্থিত হলে কোরাম পূর্তি সংখ্যা হয়েছে ধরতে হবে।” 7. It further appears from the record that the cause of action for filing the application has arisen following notice dated 10-5-20...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ..Category: Company Law | Date: | Hits: 129
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......e notification in the daily newspapers. The absence of the word 'satisfaction' in the order cannot prevent the High Court Division from looking into the background which can be gathered from the case record leading to the publication of notification. The fact that notification was ordered to be publ......e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ..Category: Criminal Law | Date: | Hits: 99
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
.... days of the shipment, but not later than 21-6-1987 which shall be the expiry of the L/C. The consignment of 81 metric tons of Garlic arrived at the Chittagong Port on 14-7-1987. After arrival of the goods at Chittagong Port and upon receipt of the shipping documents, the plaintiff /appellant Bank n......e for releasing the goods with full payment. He finally denied the suggestion that the Garlic pledged in the godown are rotten or spoiled. 10. The learned Judge in consideration of the evidence on record dismissed the suit of the plaintiff as well as dismissed the counter claim of the defendant......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......isreading of evidence and non consideration of some material evidence then it is incumbent on the revisional Court to consider the same and to arrive at a proper finding on the material evidence on record and to finally dispose of the case...............(49) Case Referred to- Hussain Ahmed C......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......ntiff had adduced sufficient evidence to substantiate her assertion that she was legally married to the defendant and that the Family Court below considering that facts, circumstances and evidence on record decreed the suit against the defendant and that the Family Appellate Court below having found......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..Category: Family Law | Date: | Hits: 140
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....rred by the learned Counsel for the opposite party Nos. 1(a)-1(k). 24. Therefore, the legal plea taken by the learned Counsel for the opposite party Nos. 1(a)-1(k) prevails and appears to have a good of force but I failed to discover any merit in the submissions advanced by the learned Counsel ....../60-61 are fraudulent, collusive, illegal, void and in operative. 3. The plaintiffs case, in brief, is that the suit property was originally belonged to Debendra Nath Dingi and his name was duly recorded; that during the partition of India, the schedule land was in the territory of the then Eas......ience of understanding provisions of law described in section 23 reads as hereunder: Public Demand Recovery Act, 1913 “23. Application to set aside sale of immovable property on ground of non-service of notice or irregularity.- (1) Where immovable property has been sold in execution of a ..Category: Procedural Law | Date: | Hits: 114
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
.... from the place of occurrence. 7. Mr. Md. Kalimullah Mazumder, the learned advocate appearing on behalf of the convict-appellant Ujjal submits that the evidence adduced by the prosecution are not good enough to sustain the conviction of the accused-appellant under section 19(f) of the Arms Act. ......bunal No.9, Dhaka and were charged under section 19(f) of the Arms Act to which they pleaded not guilty and claimed to be tried. 5. The learned Special Tribunal on consideration of the evidence on record found the accused-appellants guilty under section 19(f) of the Arms Act and sentenced them to...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....es at the town as tenant. Rent is at Tk.3000/- and his salary is Tk.4000/-. He did not know whether witness Kobbat is an accused in a murder case. He is the husband of his step sister. He mentioned a good relation with him. Another brother-in-law, Abdul Barek is a witness in this case. He wrote the ...... inquest report is sufficient for the trial. If any articles recovered from or near the corpse of the deceased, it is the duty of the police to send them to the malkhana in sealed cover with contents recorded, otherwise it has no evidentiary value. Inquest report itself has no evidentiary value but ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......tha Rin Adalat Ain provided specific provision to get redress against the impugned order. 5. We have heard the learned Advocates of both the sides, perused the Writ petition and other materials on record. 6. It appears that the decree-holder bank instituted Mortgage Suit No.9 of 2002 for reali......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..Category: Civil Law | Date: | Hits: 174
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ...... in his name alone. During S.A. operation Amjad Ali demaned the sale deed from the defendant No.2, Danesh Ali when he disclosed that the sale deed was executed and registered in his name and the S.A. record was prepared in his name. Consequently, an amicable partition deed was registered on 30.1.196......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......ypothesis other than the guilt of the accused can be inferred from the given circumstances. ……………………….(54) First information report First information report being the first recorded version of the prosecution case, it is of great importance. It can be used to corroborate...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
....t preferred a claim for the short delivered 11.856 metric tons of Bulk Tallow short received vide letter dated 18.5.1979 and claimed a some of Tk. 1,01,063.52 being the value of the short delivered goods. The defendant No.2 acknowledged the claim bill. Thereafter plaintiff wrote another letter dat......e tanks survey then the carrier is not liable for the same. On the other hand defendants examined no witnesses.
5. The trial Court after considering the issues, deposition and other materials on record concluded the trial and decreed the suit for realization of an amount of Tk. 1,01,063,52 with......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
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Category: Admiralty Law or Maritime Law | Date: | Hits: 486
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