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Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....nd make the Rule absolute. In the facts and circumstances of the case, we direct the parties to bear their own costs. Anwarul Hoque Chowdhury J.- This Rule is directed against a Judgment and order dated 25.5.72 passed by District Judge, Bakerganj passed in Miscellaneous Appeal No.186 of 1974. ......ication for removal of the Mutwalli was supported by any affidavit. This, in our opinion, has cut at the very root of the entire proceeding. Upon what materi­als the Administrator of Wakfs based his decision to remove the petitioner as Mutwalli, is beyond our understanding. 3. The learned Advoca..

Category: Trust/Waqf Law | Date: | Hits: 124

Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)

....Chief Metropolitan Magistrate, Dhaka. Annexure 'B' to the petition is the certi­fied copy of the F.I.R. which shows that the occurrence took place on 25.5.82 and the F.I.R. was lodged on the same date. Enclosure 'C' to the petition is the certified copy of the charge sheet which shows that the c......of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ..

Category: Procedural Law | Date: | Hits: 123

Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)

....ndent No.2 is the Managing Director of respondent No.1. The petitioner in the normal course of its business engaged respondent No.1 as an agent for selling tickets on commission basis by an agreement dated 2‑11‑85. In terms of the said agreement respondent No.1 was entitled to commission of 9% p......t to be a foundation of the order for winding up a company has to be a debt which does not suffer and which cannot be disputed on legitimate and bona fide grounds. 9. It is apparent from the above decisions that a winding up would not lie when the claim by the petitioner is bonafide disputed by t..

Category: Company Law | Date: | Hits: 145

Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)

....aisal Mahmud Falzee, Advocates ‑ For the Respondents. Appeal from Original Order No.209 of 1995. Judgment Mabmudul Amin Choudhury J.- This appeal is directed against the Judgment and order dated 27.9.95 passed by the learned Subordinate Judge, First Court, Dhaka in Title Suit No.205 of 19......ts that the resolution of the Executive Committee has not been challenged in the suit itself. 8. During the hearing of the appeal, the learned Advocates of both the sides placed before us certain decision and comments in support of their respective cases. 9. Mr. Rafique-ul-Huq, the learned C..

Category: Others | Date: | Hits: 154

Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)

.... For opposite Party No.11(C). Civil Revision No.1119 of 1993. Judgment Mahmudul Amin Chowdhury J.- This Rule was issued calling upon the opposite party Nos.1‑12 to show cause why the order dated 22‑2‑93 passed by the learned Senior Assistant Judge, Comilla Sadar in Partition Suit No.1......teps in filing any objection against the Commissioner’s report and their indolent act cannot be ground to set aside the final decree drawn up after long and arduous litigations. In arriving at this decision reliance is placed in the case reported in 35 DLR (AD) 51 (Abdur Rahman & ors. Vs. Sult..

Category: Procedural Law | Date: | Hits: 112

Abdur Rahman Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1997, 26 CLC (HCD)

....A Aziz J.- This Rule Nisi on the application under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause, why the impugned order dated 14‑9‑83 (Annexure‑C) passed in Review by the Chief Martial Law Administrator briefly CML......rsona designata is a person pointed out or described as an individual as opposed to a person ascertained as a member of a class, or as filling a particular character," by this test and in view of the decision cited by Mr. Hyder Ali reported in 33 DLR (AD) 141 (SLM Nurul Huq Vs. State) where a q..

Category: Constitutional Law | Date: | Hits: 259

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others, 2010, 39 CLC (HCD)

....ation of ship breaking. 6. The petitioner has mentioned number of gazette notifications and policy decisions of the government in favour of coastal aforestation, namely Memo No. 344(4)-5-136/76-LS dated August, 1976; notification dated 22 December, 1985, No. XII/Four/13-19/84/900; Memo No.Bhum/sh......rest litigation. Its reputation and achievements are well documented. BELA's locus standi to file this type of application in the form of public interest litigation has been discussed in a numbers of decisions of Supreme Court. 4. Respondent No.1 and 2 to this petition are the Government of Bangl..

Category: Environmental Law | Date: | Hits: 891

Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)

....used persons as petitioners and obtained the Rule on 23-11-98 as disclosed above. 5. Mr. M. Hafizullah, learned Counsel appearing for the petitioners has drawn our attention to Annexure-B an order dated 19-10-98 passed in Title Suit No.371 of 1998. This is order No.1 in the said suit. Referring t......ormation report or police report and nothing beyond. Therefore, the instant proceeding does not call for any interference by this Court. 14. The learned Assistant Attorney General has also cited a decision reported in 44 DLR (AD) 355 in the case of Nagendra Chandra Barker Vs. Aftabuddin in suppor..

Category: Criminal Law | Date: | Hits: 70

Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)

....lling upon the Deputy Commissioner, Chittagong and the accused opposite parties Abdur Razzaque Dovash, Abdul Hamid Dovash, Abdul Halim Dovash, and Abdul Karim Dovash to show cause as to why the order dated 29.09.1979 directing reinvestigation of the case passed by the Sub-Divisional Magistrate Sadar...... nor the Magistrate can re-open an investigation in respect of the accused persons against whom charge-sheet has already been submitted, Mr. Khan Saifur Rahman, the learned Advocate has referred to a decision of a Division Bench of this Court in the case of The State Vs. Abul Quasem reported in 27 D..

Category: Criminal Law | Date: | Hits: 93

Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)

..... Civil Revision No.369 of 1983. Judgment Mustafa Kamal J.- This rule obtained under section 115(1) and 115(3) C.P.C. as they stood on 27.10.1983, calls into question the judgment and order dated 24.08.1983 passed by Mr. Mahmudul Amin Choudhury, District Judge, Dhaka in Civil Revision Case......s the power to appoint a mutwalli in certain case under section 43 of the Waqfs Ordinance. Any person aggrieved by such an appointment may appeal to the District Judge within a certain period and the decision of the District Judge shall be final. It has been held how­ever that in spite of the use o..

Category: Trust/Waqf Law | Date: | Hits: 121

Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)

....sp; Civil Revision No.3160 of 2006. Judgment Sheikh Abdul Awal J.- This revisional application under section 115(4) of the Code of Civil Procedure is directed against the judgment and order dated 4.5.2006 passed by the learned District Judge, Lakshmipur in Civil Revision No.07 of 2005 affi...... impugned judgment and order without properly applying his judicial mind into the facts and circumstances of the case and law bearing on the subject and the same has resulted in error in the impugned decision occasioning failure of justice. Drawing our attention to the provisions of, section 32 (2) ..

Category: Civil Law | Date: | Hits: 176

Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)

.... President and Members and Opposite Party No.9 as the President of Gafargaon UCCA. But the Joint Registrar and Appeal Officer of Divisional Co-operative Societies Office, Dhaka Division, by his order dated 23.4.2009 passed in Appeal No.01 of 2009, declared the entire election illegal. The said order......No. 36 of 2009 before the learned District Judge. The learned Additional District Judge after contested hearing allowed the appeal by the impugned judgment and order dated 27.10.2009 and reversed the decision of the Joint Registrar and Appeal Officer in relation to the election of the office of Vice..

Category: Others | Date: | Hits: 140

Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)

....o.1359 of 1989. Judgment Md. Gholam Rabbani J.- This Rule obtained by the defendant No.3 in Tide Suit No.142 of 1989 of the 1st Court of Subordinate Judge, Barisal, is directed against an order dated 3‑10‑89 rejecting this defendant's application filed under Order 7, rule 11, CPC praying f...... (2) Any person evicted by the Deputy Commissioner under sub‑section (1) may, within three months from the date of his eviction, appeal to the District Judge against such order of eviction; and the decision of the District Judge on such appeal shall be final." 3. Mr. Awlad Ali, learned Advocate..

Category: Trust/Waqf Law | Date: | Hits: 131

State Vs. Mesbahuddin, 1996, 25 CLC (HCD)

....oit and upon focusing torch light he found accused Mesbahuddin with a cut rifle in his hand. They also caught him with the arms and ammunition. P.W.7 Kabiluddin has stated in his evidence that on the date of occurrence at about 7/7‑30 P.M. he heard some hue and cry and went out towards the field a......tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ..

Category: Criminal Law | Date: | Hits: 87

United Edible Oils Limited and another Vs. London Steam Ship Owners Mutual Insurance Association Ltd. and others, 2008, 37 CLC (HCD)

....llah's submission, for example, that the, obligations under the two letters of Guarantee must not be interpreted as being immediate upon issuance of the letters but must rather be seen at the present date as yet to mature thereby negating any justification for the P. & I. clubs to be impleaded i......uits that the two P. & I. clubs are expected to assume a role that is blatantly dis­cordant with their fundamental character and functions. In this regard, and by reference to the House of Lords decision in the ‘The Fanti' and ‘The Padre Island’ reported in (1990) 2 Lloyd's Law Report. 19..

Category: Admiralty Law or Maritime Law | Date: | Hits: 512

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

....pplied on 9.3.2009 and again on 9.11.2010 to the Government for permission to provide tuition for L.L.B. Degree of London University but the Deputy Secretary of the Ministry of Education in his reply dated 9.3.2009 said that there was no scope for providing permission in the present set up. He furth......egation of fraud and fake certificate since Criminal case is pending against the Respondent No.5 and no doubt evidence will be adduced in Court on the basis of which the concerned Court will take its decision. 27. The learned Advocate for the petitioner as well as the Respondent No.6, University..

Category: Others | Date: | Hits: 146

Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)

....h Md. Humayun Kabir, Advocate - For the Appellant.  First Appeal No.257 of 1998. Judgment Sharif Uddin Chaklader J.- This appeal by the defendant is directed against judgment and decree dated 5-3-1998 passed by the learned subordinate judge, first court, Satkhira in title Suit No.9 of ......Monindranath Mondol it appears while he deposing in Court in 1997, was aged about 40 years, as such he is not a fit person to prove rent receipt and amolnama executed and granted 50 years before. The decision of Lal Miah (Hajee) Vs. Nurul Amin and others 57 DLR (AD) 64, it has been held that provisi..

Category: Property Law | Date: | Hits: 134

Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)

....cate - For the Respondents.  First Appeal No.68 of 2009. With Civil Rule No.98(f) of 2009. Judgment Sharif Uddin Chaklader J.- This appeal is directed against Judgment and decree dated 01-12-2008 passed by the learned Joint District Judge, first Court, Dhaka in Title Suit No.447......celled the bainanama which is ille­gal, the learned Judge committed gross illegality in rejecting the plaint on the ground of limitation. In support of his submission, learned Advocate relied on the decision of Abdul Mannan Vs. Joynal Abedin, 10 MLR 80, where in a Single Bench of this Court held th..

Category: Civil Law | Date: | Hits: 200

Md. Bachhu Vs. State, 2009, 38 CLC (HCD)

....e No.11765 of 2007. Judgment AFM Abdur Rahman J.- This Rule issued, under Section 561A of the Code of Criminal Procedure, is directed against the judgment and order of conviction and sen­tence dated 11.10.2006, passed by the learned Special Tribunal No.4, Feni in Special Tribunal Case No.129 ......of Criminal Procedure. It has also been asserted that as the question of no evidence and embellishment is concerned, this court is empowered to interfere into the conviction and sentence as series of decision of this and the apex court has decided that such a point can be considered in an applica­t..

Category: Criminal Law | Date: | Hits: 115

Shamsuzzaman Vs. State and others, 2007, 36 CLC (HCD)

....ro-Sessions Appeal No.177 of 2007 now pending in the Court of Metro-Sessions Judge, Dhaka. 2. The learned Advocate submits that the learned Metropolitan magistrate, Dhaka by his Judgment and order dated 28.12.2006 convicted the appellant petitioner under section 420 of the Penal Code and sentence......tion is accordingly disposed of. Let a copy of the order be sent to the learned Metropolitan Sessions Judge, Dhaka for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 98. ..

Category: Criminal Law | Date: | Hits: 106