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Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)

....n case of claim which are not provided for by the rules laid down in section 4(1) to 4(4) the Courts shall be guided by a local usage, if there be any, and in the absence of such usage by the general principle of equity and justice. In the case of Lopez Vs. Mudun Tahakur, 13 MIA 467 the Privy Counci......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......others Vs. Ali Rossain Bhuiyan and others, BCR 1984 (AD) 60; Jafar Ali & others Vs. Sadek All & others, BCR 1985 (AD) 29; Government of Bangladesh Vs. A Wahed Miter & others, BLD 1990. Lawyers Involved: Khondker Mahbubuddin Ahmed with SM Munir, Advocates-For the Appellants. Moaz..

Category: Property Law | Date: | Hits: 118

Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)

....that being so the burden shifts to defendant No.1 who alleges self-acquisition to establish affirmati­vely that the property was acquired without the aid of the joint family property. Therefore, the principle laid down in the aforesaid cases does not support the appellant. Even assu­ming that the ......r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......udigowda Gowdappa Sankh and others Vs. Ramchandm Rebgowda Sankh (dead) by his If gal representatives and another, A.I.R. 1969 (SC) 1076; Perumal Vs. Central Government of Pakistan, 15 DLR (SC) 58. Lawyers Involved: B.B. Roy Chowdhury with Nikhilesh Dutta, Advocates - For the Appellant. Rame..

Category: Property Law | Date: | Hits: 111

Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)

....zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ......zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ......ariam ................................Petitioner Vs. The State.............................................Respondent Judgment March 25, 1985. Result: The rule is made absolute. Lawyers Involved: Md. Korban Ali, Advocate - For the Petitioner. A.K.M. Shamsul Karim, Assista..

Category: Criminal Law | Date: | Hits: 116

Chairman, Chittagong Port Autho­rity, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)

....nd follow some judicial procedure and in the absence of the procedure being provided in the I.R.O. it must be presumed the Legisla­tors intended that Labour Court may follow its own procedure on the principle of na­tural justice, and can pass any appropri­ate order for that and unless such order ......t, the Rule is made absolute without any order as to costs and the impu­gned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......mp; another, 33 DLR (1981) 376; Pubali Bank Ltd. Vs. The Chairman, First Labour Court, Dhaka & another, BCR 1986 129; James Finlay Vs. Chairman, Second Labour Court, Dhaka, 1981(BLD) AD P. 21. Lawyers Involved: Aftab Hussain, Advocate -For the Petitioner. No one - For the Respondents. ..

Category: Labour and Industrial Law | Date: | Hits: 204

Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491.......ularly known as the Delhi Agreement on the plea of clemency is absolutely illegal and stands against the provision laid down in Article 47(3) of the Constitution read with the provisions laid down in International Crimes (Tribunal) Act. 1973 since the first amend­ment of our Constitution on 15th Ju......……………Petitioner Vs. Bangladesh and others………………………..Respondents Judgment November 2, 2010. February 2, 2011. Result: The writ petition is rejected. Lawyers Involved: AKM Fakhrul Islam, Advocate - For the Petitioner Abdus Salam Mondal, Deputy ..

Category: Constitutional Law | Date: | Hits: 314

Babu Khan Vs. State, 2003, 32 CLC (HCD)

....nd the trial Court must ensure that it has been done before the commencement of the trial or, else the trial and the resultant conviction and sentence would be vitiated." 8. In agreement with the principles of law laid down above and in consonance with section 340 of the Code of Criminal Procedu......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......ed to- State Vs. Imdad Ali Bepary, 36 DLR 333; Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 50 DLR 10. Lawyers Involved: Md. Ashraf-uz-Zaman Khan for Md. Rezaul Haque, Advocate—For the Appellant. ..

Category: Criminal Law | Date: | Hits: 123

Principal, Barguna Darul Ulum Nesaria Alia Madrasha Vs. Secretary, Ministry of Health and others, 2002, 31 CLC (HCD)

....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542.......e of having a right and an obligation. It, therefore, follows that only a juristic person can maintain a suit in a Court of law. Bangladesh is a juristic person. It is so, by being a Sovereign State. International Community has admitted her into the community of nations as an international person, h...... absolute. Cases Referred to- Abdul Jalil and others Vs. Islamic Bank of Bangladesh Ltd. and others, 53 DLR 9; Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and others, 18 DLR 709. Lawyers Involved: Abdul Quyum, Advocate—For the Petitioner. Mosammat Suriya Begum, Advocate..

Category: Procedural Law | Date: | Hits: 146

Mohiuddin Ahmed and others Vs. Government of Bangla­desh and others, 2011, 40 CLC (HCD)

....r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504....... is discharged. Cases Referred to- 10 MLR (AD) 144; 10 MLR 344; 61 DLR 503; Sreemati Pushpa Rani Das Vs. AKM Habibur Rahman, 13 BLD (AD) 217; Shahabuddin Vs. Habibur Rahman, 50 DLR (AD) 99. Lawyers Involved: Tabarak Hussain, Advocate - For the Petitioners. Goutam Kumar Roy, Deputy At..

Category: Property Law | Date: | Hits: 121

GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)

....ent and, as such, the tenant be allowed to remain in the suit premises. 9. On the other hand, Mr. Md. Khalilur Rah­man, the learned Advocate for the respondent-land­lords, relying on the age old principle "once a defaulter always a defaulter" which has been approved by all the superior Courts o......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......l Corporation (Pvt.) Limited Vs. Al-Haj Md. Ismail, 16 BLD (AD) 285 = 48 DLR (AD) 90; Md. Nasiruddin Vs. Md Mizanur Rahman, Civil Petition for Leave to Appeal No.1300 of 2006 (BSCD 2008 page 121). Lawyers Involved: Mahbubey Alam with Gopal Chandra Saha, Advo­cates - For the Appellant. Khal..

Category: Tenancy Law | Date: | Hits: 190

Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)

....rdance with section 17B of the Registration Act. But that does not stand as a bar to prosecute the accused for any criminal offence which he may have committed. 13. There is a well established principle of law that a litigant cannot benefit from this own wrong-doing. In the instant case the a...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:...... Mamun Akbar........................Petitioner Vs. The State and another..........Respondents Judgment November 8, 2012. Result: The petition is dismissed. LawyersInvolved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Aftab H..

Category: Criminal Law | Date: | Hits: 90

Administrative Officer, Hou­sing Settlement, Chittagong & others Vs. Abdur Rashid Chowdhury and others, 2011, 40 CLC (HCD)

....et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479.......et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479.......awshed Chowdhury Vs. Ministry of Land Administration and Land Reforms, Government of Bangladesh, 3 BLC 18; Messrs Mollah Industry Estate Vs. Government of Bangladesh, 6 LG (AD) 205; 6 MLR (AD) 41. Lawyers Involved: AKM Badrudduza with Md. Quamrul Islam, Advocates - For the Appellants. Kamal..

Category: Property Law | Date: | Hits: 118

Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)

....ibili­ty of miscarriage of justice, conflict of deci­sions and misuse of time and money.” 8. In comparison to the aforesaid two deci­sions cited above, we are in respectful agreement with the principle expounded in the case reported in 61 DLR 386 and hold that the charge so framed in a singl......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......3; Sirajul Islam Vs. Tauhid Uddin Ahmed, 15 BLC 39; Ahsan Habib Chowdhury Vs. Multi-drive Ltd., 14 BLC 66; Satya Narayan Poddar Vs. State, 53 DLR 403; Abdur Rahman Vs. Maklis Ali, 31 DLR (AD) 118. Lawyers Involved: Md. Zafar Alam, Advocate with HMA Alam, Advocates - For the Petitioner. Md. ..

Category: Procedural Law | Date: | Hits: 114

Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)

.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......others……………………Opposite Parties Judgment July 14, 2010. Result: The Rule is made absolute. Case Referred to- Jiban Bima Corporation Vs. Mahibul Majid, 52 DLR 186. Lawyers Involved: Fariduddin Khan, Advocate - For Petitioners. Farida Khan, Advocate - For Op..

Category: Civil Law | Date: | Hits: 166

Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)

....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......dal………………………Petitioner Vs. Kalipada Mondal and another………………………Opposite Parties Judgment January 11, 2011. Result: The Rule is made absolute. Lawyers Involved: Bivas Chandra Biswas, Advocate - For the Petitioner. PC Guha, with Samiran M..

Category: Property Law | Date: | Hits: 79

Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)

....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......t: The Rule is made absolute. Cases Referred to- Basarat Ali Mondal and others Vs. Messem Ali Biswas and another, 6 DLR 589; Saroop Singh Vs. Narsingh and others, AIR 1929 Allahabad 846. Lawyers Involved: Md. Maqbul Ahmed, Advocate—For the Petitioner. Mihir Kanti Majumder, Advoc..

Category: Property Law | Date: | Hits: 132

Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)

....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515...............Opposite Party Judgment July 17, 2002. Result: The Rule is made absolute. Cases Referred to- Belayet Hossain and another Vs. Md. Abu Taher and others, 32 DLR (AD) 231. Lawyers Involved: Zaman Akter, Advocate—For the Petitioner. Shasti Sarker, Advocate—For th..

Category: Procedural Law | Date: | Hits: 104

Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ......l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ......, AIR 1976 SC 2216; Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & ors, 39 DLR (AD) 85; Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board and another, 48 DLR (AD) 20. Lawyers Involved: Khandker Mahbubuddin Ahmed with Md. Ruhul Quddus, Advocates—For the Petitione..

Category: Others | Date: | Hits: 207

Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)

....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......s Referred to- Md. Soheb Vs. Uttara Bank Ltd., 43 DLR 329, 34 DLR 345 & 36 DLR 316; AER (1935) 456; AIR 1950 SC 172; AIR 1953 SC 385; AIR 1949 (BOM) 56; AIR 1962 Orissa 202 & 192. Lawyers Involved: Rukunuddin Mahmood with Murad Reza Advocates ‑ For the Petitioners. ..

Category: Company Law | Date: | Hits: 225

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......etary, Ministry of Home Affairs, Secretariat Building, Dhaka and others……………………Respondents. Judgment February 5, 1992. Result: The Rule is made absolute. Lawyers Involved: Masood R Sobhan, Advocate ‑ For the Petitioner. A Y Salehuzzaman, De..

Category: Constitutional Law | Date: | Hits: 299

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....xcise and VAT Cadre. 12. As part of this machination on 26-10-96 the respondent No.2 in their weekly meeting made a decision regarding the 7 officers in the following terms, “That as a matter of principle the National board of Revenue is not in favour of absorbing any officers from other Cadres......tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......1998. Result: All the Rules are made absolute. Cases Referred to- Mujibur Rahamn Vs. Government of Bangladesh, 44 DLR 111; Bangladesh Vs. Saifuddin Ahmed, 50 DLR (AD) 27; 3 BLC (AD) 6. Lawyers Involved: M Amir-ul Islam, Advocate - For the Petitioner AM Aminuddin, Assistant Attor..

Category: Employment/Service Law | Date: | Hits: 216