Search Options
Judgment Advanced Search
Displaying 2161-2180 of 3812 results.
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ...... the petitioner company, the impugned six notices under section 9(1) (i) of the Bankruptcy Act, 1997 for initiating bankruptcy proceeding against the petitioners is illegal and colourable exercise of power under the law. 5. The respondent Nos. 2 and 3 have contested the aforesaid Rule by filing a......s…………………….......Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Finance and others……… Respondents. Judgment January 26, 2006. Cases Referred to- State of MP Vs. GC, Mandawar AIR 1954 SC 493; SA Sabur Vs. Returning Officer 41 DLR (AD) 41....... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ..Category: Civil Law | Date: | Hits: 125
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201....... acting Chairman on 19-11-2003. An application containing the resolution expressing no confidence in the petitioner was filed to the UNO by seven members of Union Parishad. The UNO in exercise of his power under section 16(1) of the Ordinance, 1983 served notice upon all the members including the pe......pondent No. 5. Writ Petition No. 1259 of 2005. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned memo (Annexure-B) dated 23-2-2003 issued by respondent No. 5 fo......ion for removal of an acting Chairman. In the light of the above, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in..Category: Election Law | Date: | Hits: 83
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
.... task of perusing the case diary if there is recommendation for the discharge of an accused but in this particular case, the learned Magistrate has resorted to the latter option. This is the absolute discretionary power of the Magistrate. The words "report in writing of such facts made by a police o......Mr. Mujibur Rahman, learned Advocate, on the other hand, submits that after deletion of Chapter XVIII by the Law Reform Ordinance No. XLIX of 1978 with effect from 1st June, 1979, a Magistrate having power to take cognisance of an offence has no power to take cognisance of an offence in respect of a......)…………………………………Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment April 18, 2005. Cases Referred to- Amar Kumar Thakur and others Vs. State 1988 BLD (AD) 101 = 40 DLR (AD) 147; Hajee Md. Ahsanul...... on the contrary involved a great deal of in fructuous work causing delay in the trial of serious cases and that provision is made in the new section for performing certain preliminary functions like granting copies, preparing the record, notifying the public prosecutor, etc. It was further observed..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......Chittagong on 21-12-2004 on voyage No. V-731. On 27-12-2004, the plaintiff was informed by the defendant No. 5 that while the MV Jaami was taking berth at Colombo on 26-12-2004 it was hit by the most powerful underwater earthquake tsunami as a result of which the containers laden with the cargo drop......of God A loss occasioned by an Act of God is a loss arising from and occasioned by the agency of nature which cannot be guarded against by the ordinary exertions of human skill and prudence so as to prevent its effect. An "Act of God" was always a common law exception. It was a metaphorical phra......ce to the Hague Rules is also made in paragraph 7 of the Conditions of Carriage on the reverse of the bill of lading issued in respect of the shipment. The Hague Rules as well as the Visiby amendment grant immunity to the carrier for loss and damage arising or resulting from Acts of God. 17. The ..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......doctrine of promissory estoppel cannot be used to compel the public bodies or the Government to carry out the representation or promise which is contrary to law or which is outside their authority or power. Secondly, the estoppels temps form equitable doctrine. It, therefore, requires that he who se......the DC, Comilla………………Appellant Vs. Md. Eakub and others.................................................................Respondents. Judgment March 25, 2004. Cases Referred to- Howell Vs. Falmouth Boat Construction Ltd, [1951] 2 All England Reports 278; Delhi Cloth and ......) property became enemy and ultimately, vested in the Government. The Deputy Commissioner, Comilla on behalf of the Ministry of Land was in control and management of said shops of schedule 1 (kha) by granting lease on receipt of lease money from eight lessees since 1977. Some of the lessees were ten..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......-92. Meanwhile, due to administrative deadlock the Daily Ittefaq was not published from 28-12-93 to 3-1-94 and with the resumption of the publication of the Daily Ittefaq Mr. Anwar Hossain by show of power and using muscle power of his political patty got his name forcibly published as Editor withou...... Hossain and others……………………………….Respondents. Judgment January 28 & 29, 2003. July 14, 2003. Result: The Rules are made absolute without any order as to cost. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others, 27 DLR (AD......view of the Provision in sub-article (2) of Article 8 that the principles set out in Part II shall not be judicially enforceable, any legislative act which is in direct conflict with and passed in flagrant violation of the provisions of Part II can be declared void under Article 7(2). Having answere..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....ce justice and not to frustrate it. In our view the High Court should not have adopted such a rigid approach which certainly has led to miscarriage of justice in the case. Power of judicial review is discretionary but this was a case where the High Court should have exercised it. We, therefore, allo......apur was declared as a Customs Port for the purpose of unloading of imported goods and loading of goods for exports by the National Board of Revenue by notification dated 23-6-1987 in exercise of the powers conferred by section 9(a) of the Customs Act, 1969. On 26-6-2001, respondent No. 5 wrote a le...... Ahmed J Jahangir Hossain Howlader (Md.) …………………………………..Petitioner Vs. CMM, Dhaka and others...........................................Respondents. Judgment October 30, 2004. Result: The Rule is made absolute. Cases Referred to- State of West Beng......of justice. 21. In the case of Saidur Rahman alias Chan Miah and others Vs. State, 40 DLR (AD) 281, the Sessions Judge found the appellants guilty of charge under section 147 of the Penal Code and granted interim bail pending filing of appeal. The High Court Division summarily dismissed the appea..Category: Criminal Law | Date: | Hits: 158
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100....... resulting in erroneous decision occasioning failure of justice and the High Court may make such order in the suit or proceeding as it thinks fit." 15. Section 115 of the Code of Civil Procedure empowers the High Court Division to interfere in revision if the subordinate Court committed an error ......Guha and others……………………………………Petitioners Vs. Mahbubul Mannan Chowdhury and others................Opposite Parties. Judgment December 7, 2005. Cases Referred to- Ainal Kumar Vs. Moshiur Rahman, 30 DLR (SC) 244; Shahazada Md. Umar Bag Vs. Sultan Malvmid Kh......ybody else till the disposal of the suit and accordingly, the aforesaid defendants No.1 to 5, 7 to 9 and 11 to 14 were asked to show cause as to why a temporary injunction as prayed for should not be granted. 3. The defendant No. 1 appeared and filed a written objection on 4-2-2003 against the sa..Category: Procedural Law | Date: | Hits: 77
Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ......1999 both passed by the respondent No.2 and that the appoints of Nikah Registrars are governed by the Muslim Marriages and Divorces (Registration) Act (Act III of 1974), the Act, and by virtue of the powers conferred upon the Government by section 14 of the said Act the Government framed "The Muslim......tary Affairs and others, 16 BLD (AD) 110. Lawyers Involved: Mohammad Hossain, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-record-For the Petitioner. Civil Petition for Leave to Appeal No. 474 of 2007. Judgment Md. Tafazzul Islam J.- This petition for leave to appeal i......ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ..Category: Civil Law | Date: | Hits: 105
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
.... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......it petitioner stated, "Even after getting this .16 acre of land the petitioner Md. Samsur Rahman Sardar constructed some valuable shops and assets upon the land by huge expenditure of money and man power." The expression 'building' has been defined in section 2(a) of the Ordinance, which means "an...... Md. Muzammel Hossain J SK Sinha J Jahangir Alam (Md.) and another ...............Appellant Vs. Md. Shamsur Rahman Sarder & others……………….Respondents Judgment October 27, 2010. Lawyers Involved: TH Khan, Senior Advocate, instructed by Md. Nawab Ali, Adv...... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
....on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......ed and reappointed in their respective colleges before coming into force of the Rules of 2000. On perusal of these rules, we find that these rules have prospective operation. The legislature has full power to make a law retrospective so as to destroy a right or a remedy altogether but this must be e...... Judgment December 5, 2010. Case Referred To- Ms. Shivanandan Vs. Karnataka State Road Transport Corporation (1980) 1 SCC 149. Lawyers Involved: Akram Hossain Chowdhury, Deputy Attorney General instructed by B Hossain, Advocate-on-Record—For the Petitioners. (In all the cases)......on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21...Category: Employment/Service Law | Date: | Hits: 91
....ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
......rs that the decision of the Review Penal appears to be beyond its jurisdiction.
14. Clause 50 of the Tender Document Provides that the employer has absolute authority to accept or reject the bid empowered by law which has invited the re-tender refusing or accept any bid. The direction of the High...........................Appellants
Vs.
EPI-BFEW Consortium & others..................Respondents
Judgment
February 18, 2010.
Result:
The appeals are allowed without any order as to costs.
Lawyers Involved:
Ahsanul Kabir, Advocate instructed by Md. Zahirul Islam, Advocate-......ding contract in favour of the writ-petitioner. Thereafter the writ-petitioner having learnt about the re-tender in the news paper filed the said writ-petition and obtained Rule Nisi.
7. Leave was granted to consider the submissions of Mr. Md. Ahsanul Kabir, learned Advocate, for the appellant in..
Category: Others | Date: | Hits: 164
State Vs. Mirza Abbas, 2010, 39 CLC (AD)
....tioner, was shown arrested in this case on 27th June, 2010 and the case is still under investigation. Since the High Court Division on consideration of the accused respondent's ailments exercised its discretionary power in favour of enlarging him on ad-interim bail, we are not inclined to interfere ......own arrested in this case on 27th June, 2010 and the case is still under investigation. Since the High Court Division on consideration of the accused respondent's ailments exercised its discretionary power in favour of enlarging him on ad-interim bail, we are not inclined to interfere with the discr...... Md. Muzammel Hossain J Surendra Kumar Sinha J The State........................................Petitioner Vs. Mirza Abbas....................................Respondent Judgment October 4, 2010. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by Mrs. Sufia Kha...... the case at this stage. We find no merit in the contention of the learned Attorney General. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 114...Category: Criminal Law | Date: | Hits: 42
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......th jurisdiction to try offences as follows: “No Court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by an officer generally or specially empowered in this behalf by the Central Government and no Court inferior to that of a Sessions Judge s......others Vs. the State 14 BLD 432 = 46 DLR 463; Khalilur Rahman Vs. State, 51 DLR 344. Lawyers Involved: Syed Md. Dastagir Hossain, Advocate — For the Appellant. Syed Abu Kowser, Assistant Attorney-General — For the State. Criminal Appeal No. 820 of 2000. Judgment MA Aziz J.- Thi......Judgment MA Aziz J.- This appeal is directed against the judgment and order dated 11-4-2000 passed in Criminal Miscellaneous Case No.144 of 2000 by the learned Sessions Judge, Rajshahi refusing to grant bail to appellant Md. Kamruzzaman alias Zaman. 2. Motihar PS Case No.2 dated 6-3-2000 was s..Category: Criminal Law | Date: | Hits: 72
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ...... The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......the parties are different and dispute relates to registration of trade marks which are similar or closely resemble each other in respect of the same or similar description of goods, the Registrar can grant or refuse to register the trade mark. Section 10(3) should be invoked only in cases of special..Category: Intellectual Property Law | Date: | Hits: 210
....the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
......fendants decree holder from enjoyment of the fruit of the decree. In the meantime 16 years have passed under the coverage of the instant vexatious litigation. In view of the above and in applying our power conferred under section 35 A of the code of civil procedure, we award a cost at taka 1, 00, 00......ে কবলা পাওয়ার অধিকার waive করিয়াছেন। এবং বর্ণিত অপর জারী ২০/৮৫ ইং মামলা বাতিল infructous, জারী অযোগ্য এবং তৎদ্বারা মূল বিবাদ......hdraw that amount before getting the kobala deed executed and registered. It was the further case of the plaintiff that the defendant No. 1 and 2 failed to deposit solatium within the time limit as granted by the Appellate Division and as such they were not entitle to get any deed executed and reg..
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......gladesh on 15.10.1998, and prohibits the arbitrary deprivation of life. He submitted that any inflexible death sentence prescribed by any law is arbitrary since thereby the legislature takes away the power of decision from the judiciary. He pointed out that Article 6.5 of the ICCPR provides that the......'s Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others .......................Respondents Judgment March 2, 2010. Result: The Rule is made absolute in part. Cases Referred to- Sheela Barse and another Vs. Union of India and others, AIR 1986 Supreme Court 1773; Hussain ......Attorney General was put to notice with regard to the submissions made by the learned advocate for the petitioner and since the matters raised appear to be of great public importance, adjournment was granted on a number of occasions for the learned Attorney General to take instructions and to answer..Category: Criminal Law | Date: | Hits: 128
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544.......n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544.......d Engineers Ltd. and others Vs. Bangladesh Shilpa Rin Sangstha & others, 39 DLR (AD) 59. Lawyers Involved: Umme Kulsum Rekha, Advocate—For the Appellants. Syed Abu Kowsar, Assistant Attorney-General—For the State. Criminal Appeal No.481 of 2000. Judgment MA Aziz J.- This a......greement. The learned Advocate submits that the appellants are peace-loving and law-abiding citizens. They have never indulged in any criminal or anti-social activities. In the event of bail being granted they will neither abscond nor misuse the privilege of bail. 7. The learned Assistant Atto..Category: Criminal Law | Date: | Hits: 38
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533.......eries submitted bill of entry together with all relevant papers for delivery of the machineries for the business in the month of June, 1992. The petitioner obtained sanction from the authority of 440 power line for starting business and got itself registered with the VAT authority on 21-1-1992 as re....... Ed. This Case is also Reported in: 52 DLR (2000) 533.......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533...Category: Fiscal/Taxation Law | Date: | Hits: 139
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
.... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ......in the prescribed manner and within the prescribed time a statement of his property and liabilities and such information relating thereto as may be required by the order. 7. It was argued that the power of making inquiry by the Bureau of Anti-Corruption under the Anti-Corruption Act, 1957 was not......8. ...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ..Category: Criminal Law | Date: | Hits: 69
47534751475047494748474747454743474047384737473647304722472147204719471547124709