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Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
.... the instance of the husband of the defendant No.1, she brought the plaintiff in her father-in-law’s house. On 13.05.2007 the defendant No.1 and her husband gave proposal to the plaintiff to go to Chandraganj to give him treatment by a doctor. The plaintiff agreed to that proposal and went to Chan......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....cogent and reliable evidence and as such the judgment of two Courts below are liable to be set aside. 9. Mr. Probir Halder, the learned Advocate appearing for the opposite party No.1, on the other hand, supports the impugned judgments of two Courts below which were according to him just, correct ......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
..... Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011. Cases Referred to- Canada Sugar Refining Co V.R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Sy......ate Tribunal are based on proper appreciation of law and fact. 12. We would like to give more explicit reply to the questions raised by the learned Advocate for the petitioner. It is important to note that amended proviso 2 was added before the original 2nd proviso and as a result, the 2nd provi..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....he writ petition was totally false, forged, manufactured and ante-dated, since the words in affidavit under Serial No.3 seem to be different from other words in respect of deepness of ink and mode of hand writing. The learned Counsel submits that clearly fraud has been practiced, and since fraud vit...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 58
....while disposing of the application for temporary injunction filed by the respondent No.1 in the suit suo motu rejected the plaint of the suit as he did not find any cause of action, but, on the other hand, allowed time to the petitioner for filing written statement fixing 27.11.90. The respondent No......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
....Court Division in the writ petition. In aid of his submission the learned Advocate refers to Articles 102 (a)(i) and 112 of the Constitution.
4. The learned Deputy Attorney‑General, on the other hand, submits placing reliance upon Article 42 of the Constitution that no right having had accrued ......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....nt of Bangladesh, 40 DLR 87; 40 DLR (AD) 116; Coopers' case, (1863) 14 CBNS 180; Abal Ala Maudoodi's case, PLD 1964 (SC) 673; Regina Vs. Medical Appeal Tribunal, Ex parte Gilmore, 1957 1 QB 574; Ram Chandra Sankar Deodhar Vs. The State of Maharashtra, 1974 SCC at page 317; Tilak Chand's case, 1969 S......escribed, grant right of permanent residence to any person on such conditions as may be prescribed. 5. The Government may make rules for carrying out the purpose of this Order.” 13. It may be noted that when PO 149 of 1972 was made on 15.12.72 there was only 5 Articles namely Articles 1, 2, ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....e case of Saleh Ahmed Chowdhury and others Vs. Kabir Ahmed and others reported in 13 DLR 531, and other in the case of Moyna Mia & others Vs. Haji Abdus Samad reported in 33 DLR 207. On the other hand, the learned Advocate for the Judgment‑debtor opposite‑parties supported the impugned order......the Code of Civil Procedure was filed by a decree‑holder to enforce a decree of permanent injunction Mustafa Kamal J held that the expression "wilfully failed to obey" under Order XXI rule 32 (1) denotes not only a negative state of mind but also a positive act of disobedience and as such the decr..Category: Civil Law | Date: | Hits: 100
Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)
....annot be allowed to be withdrawn for the purpose of use for dissolution of another Company. All formalities for liquidation was over and only step is to be taken for dissolution of the Company and to hand over all the records to the Registrar, Joint Stock Company for registration that the Company li......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482...Category: Company Law | Date: | Hits: 205
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....hief Justice must be published in the official gazette is not an acceptable proposition, since that would expose the Hon'ble Judges of the Supreme Court, who are superseded, to ridicule. On the other hand, he submitted that the appointment of the Chief Justice of any country should be based on merit......e Chief Justice and other Judge, and within that Committee there will always be two senior members of the judiciary and two members of the Judicial Appointment Commission. 19. It is interesting to note that India has a system of appointing judges, other than the Chief Justice, by a collegiums of ..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ......o the publication of the preliminary notice of acquisition of the property variously issued to the Petitioners under Section 3 of the Ordinance (Annexure-'A' series). 3. In this regard, this Court notes that the Petitioners' Supplementary Affidavit dated 17-7-2005 throws light on the consequentia..Category: Property Law | Date: | Hits: 104
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
.... commodity of 32 MT of Anti Oxidant preparation and other compound Stabilizer for Rubber of Plastics from Taiwan having total L/C value of US$23, 000, 00. 3. The Respondent No.4, OMIC Overseas Merchandises Inspection Co. Ltd. inspected the petitioner's goods on 12-1-2011 and issued CRF Certificat......the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..Category: Business or Commercial Law | Date: | Hits: 200
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....3. Cases Referred to- State Vs. Bashirullah, 16 DLR 189; Mafu @ Mafizuddin Vs. State, 31 DLR 16; Ismail Sarker Vs. The State, 33 DLR 320; Hassen Ali Vs. State, 38 DLR 235; Bangladesh Vs. Paran Chandra Baroi, BCR 1986 (AD) 225; Moslemuddin & ors. Vs. State, 1987 BLD (AD) 1; Amir Hossain How......th the murder was required to be considered with caution and prudence. But unfortunately he did not do so while relying on their evidence in spite of variations, contradictions and improbabilities as noted above. 26. P.W.4 Monir Hossain is the son‑in‑law of the informant. He stated that on 5...Category: Criminal Law | Date: | Hits: 91
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Renu Begum...................................Plaintiff-Appellant-Petitioner Vs. Khandokar Enamul Mowla and ors.......Defendant-Respondent-Opposite Parties Judgment July 20, 2......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....strate the contract being fully conscious that HELM could not in any case fulfill its contractual obligations given the shortage of availability of urea in the global market at the time. On the other hand, it has been sought to be impressed on this Court that BCIC for its part at all material times ......e at higher price for non-supply of goods by the claimant under the contract? vii) Whether the successful is entitled to get interest on the awarded amount and/or cost of arbitration?" 8. It is noted that the interim award of 27-3-2008 as appended to the Application as Annexure 'D' in its enti..Category: Alternative Dispute Resolution | Date: | Hits: 172
Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)
....ng on behalf of the petitioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......n Revision, found that there is no specific area of demarcation of the land in which the plaintiffs claimed their right, title and possession. 3. It appears that the High Court Division also took note of the submissions made on behalf of the defendants that the defendants undertake that they w..Category: Administrative Law | Date: | Hits: 166
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
.... Said Shahida Begum claimed to have purchased the suit land by registered deed dated 4th July, 1974 from Asrafuddin, who also claimed to have purchased from Brajabashi. The defendants, on the other hand, claimed to have purchased the suit land by registered deed dated 8th January, 1979 from Shah......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ..Category: Property Law | Date: | Hits: 73
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
....e, 5th Court, Dhaka in Title Appeal No.223 of 1997 affirming those of the learned Assistant Judge, 3rd Court, Dhaka dated 31.07.1997 in. Title suit No.160 of 1994 decreeing the suit with direction to hand over possession to the plaintiffs. 2. The facts, in short, are that the plaintiff-petitioner......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ..Category: Property Law | Date: | Hits: 71
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
....ants illegally took possession of the suit land by erecting house made of corrugated iron and bamboo fences in the absence of the plaintiff. On 22.05.2004, the plaintiff requested the defendants to hand over possession but the defendants threatened the plaintiff and refused to hand over possessi...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ..Category: Property Law | Date: | Hits: 79
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....e to the political executives as the subordinate judiciary is also a part of total judiciary in a similar manner. 9. Dr. M. Zahir and Mr. Rokanuddin Mahmud appearing for the caveator, on the other hand, supports the judgment of the High Court Division and submit that the High Court Division on a ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
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