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.... in the order dated 13-7-1995 passed by learned Assistant Judge.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614.......lief. Reliance in this respect may be placed in the well-known decision Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and others PLD 1967 Dacca 190 = 18 DLR 709.
8. But in exercising this power the Court can look into the statements in the plaint alone. It cannot consider any fact stated......1 of 1995.
Judgment
ABM Khairul Haque J.- This Rule under section 115 of the Code of Civil Procedure was issued at the instance of the defendant-petitioners calling upon the opposite party No.1 to show cause as to why the order dated 13-7-1995 passed by the learned Assistant Judge, Dhamrai, Dh...... in the order dated 13-7-1995 passed by learned Assistant Judge.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614...
Category: Civil Law | Date: | Hits: 94
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ...... in reviving the case after such order of discharge. 7. Mr. Shueb Ahmed, learned Assistant Attorney-General, on the other hand submits that the learned Additional Chief Metropolitan Magistrate has power to revive the case since the order of discharge of petitioner was made on technical ground wit......m Master and another Vs. State, 36 DLR (AD) 58; Abdus Salam @ Salam and another Vs. State, 36 DLR (AD) 58. Lawyers Involved: MA Wahab, Advocate—For the Petitioner. Shueb Ahmed, Assistant Attorney-General—For the State. Criminal Revision Case No. 1738 of 1992. Judgment SK Sinha ......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ..Category: Criminal Law | Date: | Hits: 56
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....e above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ......e petitioners have been in possession without any interrupÂtion and the threatening through microÂphone announcement to evict the petitionÂers is nothing but an arbitrary exercise of the executive power. The learned Counsel further submitted that the land in C.S. Dag No.164 has not been validly a......am, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. (In both the cases) Not represented- the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1360 and 1377 of 2009. (From the judgment and order dated the 20th day of April, 2......e above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any subÂstance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......itÂnesses he having received Tk.1,80,000/-executed the agreement and delivered posÂsession of the suit property in favour of the plaintiff and further on the same date i.e. 10.04.1986 he executed a power of attorÂney appointing his uncle Safiuddin Bhuiyan as his attorney, which was regisÂtered o......ate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Mohammad Ali, Advocate-on-Record-For Respondent Nos. 1-5. Not represented-Respondent No. 6. Civil Petition for Leave to Appeal No. 2380 of 2009. (From the judgment and order dated 05.10.2009 passed by the High Cour......rced in any court of law. In the premises, we do not find any subÂstance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134...Category: Property Law | Date: | Hits: 61
Nahar Shipping Lines Limited and another Vs. Homera Ahmed and others, 1999, 28 CLC (HCD)
....facie case by pointing out various illegalities and irregularities committed by the respondents depriving the petitioners of the opportunity to participate in the affairs of the company and to obtain financial benefit by keeping the petitioners in dark and, as such, the main application is not liabl......une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ......d another………….Petitioners Vs. Homera Ahmed and others………….Opposite Parties Judgment August 18, 1999. Case Referred To- Saleh Steel Industries Ltd. Vs. TSS Pacific Abeto, 35 DLR (AD) 188. Lawyers Involved: Ajmalul Hossain QC, Mvi Md. Wahidullah, lftekhar Ahmed,......une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ..Category: Company Law | Date: | Hits: 235
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ......e learned Magistrate had no reasons to frame charge against the accused persons. Mr. Rahim has also pointed out that the learned Sessions Judge also was not correct in holding that the Court had wide powers to frame charge and, as such, the order of framing charge should be interfered. 4. The lea......¦Petitioners Vs. State and others ………….Opposite Party Judgment April 20, 2000. Lawyers Involved: Enayetur Rahim, Advocate—For the Petitioner. Md. Mustafa, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 309 of 1998. Judgment Md. H...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..Category: Criminal Law | Date: | Hits: 67
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....e loan and never defaulted in paying a single installment. Even when the application for fresh reschedulement was made the respondent No.4 continued to pay the installment regularly. As it was facing financial problem it applied to the Bank for extension without defaulting in paying installments or ......claimed that there is no bar for further reschedulement of a case of this nature only because the Chairman of the Bank has personal interest in the borrowing company. The Bangladesh Bank has inherent power to use its discretion to the best interest of the banking business. It is further stated that ...... For the Respondent No. 4. Rokonuddin Mahmud, Advocate — For the Respondent No. 5. Writ Petition No. 4828 of 1999. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause as to why the Memo No.BRPD (P) 651/9(4)Kha/99-1575 dated 17-11-1999 (Annexure-A) issue......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ..Category: Business or Commercial Law | Date: | Hits: 208
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....d instructions from respondent No.5 to stop activities of the aforesaid work, vide site works book instruction dated 25.09.2006 and requested to treat the matter as per clause 44.1(G) to avoid future financial loss. On 15.11.2006, respondent No.5 wrote to respondent No.4 recommending 10% advance pay......the above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......ondents Judgment February 4, 2010. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Abdul Salam Mondal, Deputy Attorney-General instructed by Md. Mushfiqur Rahman, Advocate-on-Record-For the Respondents. Civil ......the above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ..Category: Others | Date: | Hits: 118
MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)
....e procedure contained in sub-section (5) of section 6 of the Ain is applicable with regard to sell of the propÂerties in execution of a decree in an execuÂtion proceeding. But section 12 requires a financial institution to take an initial step to liquidate the liabilities of the debtor, if possibl......of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ......l Chowdhury, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners (In all the cases) Not represented- the Respondents (In all the cases) Civil Petition for Leave to Appeal Nos. 1033-1035 of 2009. (From the judgment and order dated 08.04.2009 passed by the Hig......of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ..Category: Property Law | Date: | Hits: 54
Anti-Corruption CommiÂssion Vs. Shamima Begum & others, 2009, 38CLC (AD)
....ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......Abdul Matin J ABM Khairul Haque J Anti-Corruption CommiÂssion...........................Petitioner Vs. Shamima Begum & others. ...........................Respondents Judgment October 8, 2009. Lawyers Involved: Khurshid Alam Khan, Advocate instructed by Sufia Khatun, Advo......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)
....esponse. At this stage, the petitioner moved this application under Article 102 of the Constitution and obtained the present Rule. 5. In leave petition No.847 of 2010 the facts are that during the financial years 2002-2003 and 2003-2004 the department of Road and Highways floated several tenÂder......d thereÂfore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ......il Petition No. 2515 of 2009) Md. Abu Bakkar Siddiq and others.........Respondents (In Civil Petition No. 847 of 2010) Judgment May 24, 2010. Lawyers Involved: Morad Reza, Additional Attorney General instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners (In both the......d thereÂfore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ..Category: Others | Date: | Hits: 165
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......of the appellate Court are vitiated by any error of law or of procedure which affected the merit of the case, in such a situation, the appellate Court committed an error of law. High Court Division's power does not include the power to review the evidence to come to a finding of its own. High Court ......tun & others……………………………………Petitioners Vs. Rabindra Chandra Saha and others ………………….Opposite Parties. Judgment May 18, 2006. Cases Referred to- Chan Mohamood (Md.) and others Vs. Md. Hossain, Ali 3 BLC 364; Kochi Mia @ Khocha Mia Vs. Su......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ..Category: Property Law | Date: | Hits: 126
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607........(2) It extends to the whole of Bangladesh, but in absence of any specific provision to the contrary, nothing herein contained shall affect any special law now in force or any special jurisdiction or power conferred or any special form of procedure prescribed by any other law for the time being in f......i J Md. Raisuddin J Hiru Mia……………………………..Jail Appellant Vs. State ………………………………….Respondent. Judgment June 14, 2005. Cases Referred to- Abdul Razzak Talukder Vs. State, 51 DLR 83; Gahena Vs State, 20 DLR (WP) 271; Kamruzzaman Vs...... Referred to- Abdul Razzak Talukder Vs. State, 51 DLR 83; Gahena Vs State, 20 DLR (WP) 271; Kamruzzaman Vs. State, 42 DLR (AD) 219. Lawyers Involved: Wahiduzzamun Sohel, National Legal Aid Panel Advocate—For the Jail Appellant. Fara Mahmuda, Assistant Attorney-General—For the Respo..Category: Criminal Law | Date: | Hits: 63
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......eral rule, a plaintiff as arbiter litis or dominus litis has a right to choose his own forum where there is more than one Court in which the suit can be filed. But the said right is controlled by the power vested in the superior Courts to transfer a case pending in one inferior Court to another or t......the learned District Judge, Narayanganj, in Civil Miscellaneous Case No. 111 of 2005 arising out of Money Suit No. 3 of 2004 transferring the same from the Court of Joint District Judge, First Court, to the Joint District Judge, 2nd Court, Narayanganj. 2. The plaintiff-opposite party-petitioner (...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ..Category: Civil Law | Date: | Hits: 92
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......interfere with the finding and the decision of the lower appellate Court. 35. The term "occasioning failure of justice" has a far-reaching significance it invests the High Court Division with wide power not only to go into the question of law but also to the question of fact. In search of fact an......hers....................................Petitioners Vs. A Huq Munshi & others …………………………………………Opposite Parties. Judgment May 25, 2006. Case Referred to- 45 DLR 391. Lawyers Involved: Abdul Quayum with Tapash Biswas, Advocates—For the Pet......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......f the Muslim Marriage and Divorce Rules 1975 and thereafter the respondent No. 1, appointed the respondent No. 6 as Nikah Registrar of No. 3, Raikot Union purely on temporary basis in exercise of the power under Rule 5(1) of the Rules, 1975. The respondent No. 1 after investigation by the local auth......5. Lawyers Involved: Shahabuddin Ahmad with Kazi Zinat Haque, Advocates—For the Petitioner. AFM Mesbahuddin with MA Gaffar Advocates—For Respondent No. 6. Sathika Hossain, Assistant Attorney-General—For Respondent No. 1. Writ Petition No. 1818 of 2001. Judgment Md. Awlad A......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534...Category: Employment/Service Law | Date: | Hits: 81
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......a. He proved his signature on Exhibit C. 29. DW 4 Delwar Hossain proved Exhibit C. 30. DW 5 Mirza Kamrul Hasan who deposed on behalf of third defendant KEB. He testified on the basis of power of attorney given by KEB. He had no direct knowledge about the case. He deposed on the basis o......king Corporation, 31 NYS 2nd 631 (1941); Edward Owen Engineering Ltd Vs. Barclays Bank International Ltd. [1978] 1 Lloyd's Rep 166 = [1978] 1 All ER 976; Limited Trading Corporation SA and Murvay Clayton Ltd Vs. Allied Arab Banks, [1985] 22 Lloyd's Rep 554; Handerson Vs. Canadian Imperial Bank of Co......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 289
.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......f of other statements made in this petition. It is stated that the address of the petitioners were not given in the cause title of the petition inasmuch as the petition is incompetent as filed by the power of attorney holder. The grounds taken in the petition are not legally tenable and, as such, th...... Plant Ltd and another……………..Petitioners
Vs.
Bangladesh Bank, Dhaka and others…………………………………..Respondents.
Judgment
February 23, 2006.
Cases Referred to-
Stadmax Ltd. Vs. Bangladesh Bank, 50 DLR 594; Paul and Co. Narayanganj Vs. Bangladesh Bank &...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
..
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ...... transporting fish; or require any person to produce any licence or other document required under this Ordinance or any rules made there under for examination. 12. Section 33(1) of the Ordinance empowers an authorized officer, where he has reasonable grounds to believe that an offence has been co......Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- Dhaka Warehouse Ltd. Vs. Assistant Collector of Customs and others, 1991 BLD (AD) 227; Tapas......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
.... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......ng functions in connection with the affairs of the Republic. In the year 1951 the then government framed Sylhet Forest Transit Rules, 1951 (hereinafter referred to as the Rules, 1951), in exercise of powers conferred by sections 41, 42 and 76 of the Forest Act, 1927 (Act XVI of 1927) enforced in the......id Ahmed J Shawkat Ali (Md.) and others……………………Petitioners Vs. Divisional Forest Officer and others………..Respondents. Judgment February 16, 2006. Cases Referred to- Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Oali Ahad Vs. Government of Bangladesh, 2...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ..Category: Environmental Law | Date: | Hits: 551
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