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Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......For the Defendant-Petitioners. Admiralty Suit No. 14 of 2001. Judgment KM Hasan J.- These two applicationsāone for injunction by the plaintiff, restraining the original defendants from proceeding with Arbitration and another for stay of proceeding of the suit in view of Arbitration cl..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......at he failed to consider the alleged crime of dacoity as a serious crime and that he showed indifference and carelessness in conducting investigation not even arranging any Test Identification Parade proceeding and he did his job in a routine manner. It also appears to the Court that no cogent evide..Category: Criminal Law | Date: | Hits: 83
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......uit as well as the appeal on the question of limitation. Furthermore, in the case of the Government of Bangladesh Vs. Jalaluddin Ahmed reported in 37 DLR (AD) 27 this Court held that when Arbitration proceeding continued beyond 4 months with parties raising no objection, the conclusion is that the p..Category: Property Law | Date: | Hits: 30
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......aid Act and the respondents having not published any gazette notification on payment of full compensation within the period of one year from the date of decision of the Government to acquisition, the proceedings in respect of acquisition of the land shall stand abated on expiry of that period under ..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......itioner is impermissible. No litigant got a right to get his affairs settled in the manner he wishes. Every access to Justice must not be misused as a licence to an untenable frivolous and fraudulent proceeding. The arms of law and procedure cannot be stretched to untenable and misconceived proceedi..Category: Property Law | Date: | Hits: 34
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule.
Ed
This Case is also Reported in: 54 DLR (2002) 47.
......eir avocations and, in such a context, the calling for and the holding of ābundhsā ought to be declared illegal. The Court proceeded by first explaining what ābundhā is. It said;
āBefore proceeding to consider the constitutional issues sought to be projected before us we think that it i..
Category: Constitutional Law | Date: | Hits: 216
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......h Court Division considered the provision of Section 46(2) of the 2003 regulations and held as under:- "In light of the above, this Court finds that driven by a misconception of applicable law and proceeding on the wrong premise by relying on the SEC's opinion of 09.12.2007, the BOD of the Bank e..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......d vessel also left the domain of the plaintiff in spite of such order on the morning of 8th April, 2002. The responsibility for violation of the order of this Court will be considered in the separate proceedings filed by the plaintiff-petitioners under Order XXXIX rule 2(3) of the Code. In this matt..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......tesā For the Respondents. Civil Rule No. 576(R) of 1999 (Contempt). Judgment Syed Amirul Islam J.- This Rule was issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn of conviction and sentence dated 27ā5ā1999 passed by this court i..Category: Property Law | Date: | Hits: 34
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......ral having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of the Criminal Procedure Code, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we also felt it necessary to take assistance fr..Category: Criminal Law | Date: | Hits: 50
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
.... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......after, on 21-6-2001 the defendant opposite party submitted an application under section 10 read with section 151 of the Code of Civil Procedure (hereafter referred to as the Code) for staying further proceeding of the suit. The plaintiff-petitioner submitted written objection dated 21-6-2001 against..Category: Property Law | Date: | Hits: 37
Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
....oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ....... Mr. Rajat Kanti Chakraborty, learned Advocate appearing for the petitioner, submits that the accused petitioner did not know about the proĀceeding of the case earlier and he came to know about the proceedings after he was arrested by the police and since none of the witnesses disclose any thing i..Category: Criminal Law | Date: | Hits: 36
....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......of discharge and appellate decision but they were not authorised by law to pass the same.
6. Regulation No. 861 has provided adequate provisions that no major punishment shall be awarded except in proceedings in the prescribed form (BP Form No. 164) to ensure fair justice but the provisions in th..
Category: Employment/Service Law | Date: | Hits: 67
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ...... Opposite Parties. Criminal Miscellaneous Case No. 18733 of 2006. Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the accused petitioner, is for quashment of the proceeding of Metro Sessions Case No. 984 of 2006 under section 138 of the Negotiable Instruments Ac..Category: Criminal Law | Date: | Hits: 50
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......prosecution on the grounds that the original complainant had withdrawn from the prosecution, that the government on examination of the record considered that the evidence was insufficient for further proceeding with the case and that the government, in view of uncertainty of successful prosecution, ..Category: Criminal Law | Date: | Hits: 43
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ...... no basis. In support of such case, he adduced evidence both oral and documentary. 35. Trial Court found that 0.3018 acre out of the land of the plaintiff was acquired in aforesaid acquisition proceeding. Out of said acquired land, 0.0583 acre was used. In view of Exhibits 8, 8(ka), 10 and 14..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
.... 2 writ petitioners have no right to challenge the said notice. That upon submission of wealth statement the case is still under investigation. The High Court Division committed serious illegality in quashing the proceedings during investigation in special original jurisdiction. The learned Advocate......ncluding his wife and other dependents within 72(seventy two) hours from the time of receipt of the notice. The responĀdent Nos. 1 and 2 have also challenged the iniĀtiation and continuation of the proceeding in ACC GR Case No. 20 dated 26-12-2007 correĀsponding to Patenga Police Station Case No...Category: Anti-Corruption Laws | Date: | Hits: 143
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....rul Islam Chowdhury and Abul Kalam Azad ā For the Opposite parties. Criminal Revision No.21 of 1987. Judgment Latifur Rahman J. - In this Rule the Second party-petitioners have prayed for quashing the proĀceeding in G.R. Case No. 65 of 1986 under section 145 of the Code of Criminal Proc......g housĀes and shops and the second party is trying to take forcible possession of the said property of the first party. In such circumstances there is a serious apprehension of breach of peace and a proceeding need be drawn. On the aforesaid application, the learned Upazila Magistrate by Order No.1..Category: Criminal Law | Date: | Hits: 32
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......ą¦®ą¦¾ą¦° ą¦°ą¦¾ą¦ ą¦ą¦æą¦²ą„¤ā 28. The confessional statement Ext 5(Ka) shows that all legal formalities were scrupulously observed by the learned Magistrate (P.W.16 S.T. IsĀlam) who before proceeding to record confession made sincere endeavour to place appellant Dablu at ease, dispelled a..Category: Criminal Law | Date: | Hits: 61
....Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......mpany, instituted the suit for following declarations as well as perpetual injunctions:
a. Permanent injunction against the defendants restraining them from taking any legal or other action and/or proceeding on the basis of alleged contracts said to have been entered into between the plaintiff an..
Category: Civil Law | Date: | Hits: 101
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