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

....r. UCCA, a three member Election Committee was formed and the date of holding election was fixed on 20.10.2008. The existing Managing Committee in a meeting held on 12.08.2008 decided that they would publish a voter list containing 456 out of the total 461 persons. But a voter list containing only 2......s Vice 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......is Case is also Reported in: 16 MLR (HCD) (2011) 201. ......R (HCD) (2011) 201. ..

Category: Others | Date: | Hits: 140

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

....edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......sion No.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 pra....... Lawyers Involved: Md. Awlad Ali, Advocate ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No.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, Barisa...... ..

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

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

....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 Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn.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. ......on accused Mesbahuddin, the jail appeal preferred by the condemned prisoner being Jail Appeal No.823/93 and the Criminal Appeal being Criminal Appeal No.1064/92 Preferred by accused Arzan against the order of conviction and sentence passed by the Additional Sessions Judge, Narayangonj in Sessions Ca......gainst whom the order of warrant of arrest was issued, the same be revoked or withdrawn.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. ......Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Qazi Shafiuddin J Syed J R Mudassir Husain J State…………………………………………Petitioner Vs. Mesbahuddin……………………………………Condemned‑Prisoner Arzan al..

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)

....2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 59. ...... all, P. & I. clubs contain what is commonly called a "pay to be paid" provision. That is a provision, capable of being expressed in a variety of different terms which stipulates that a member in order to be entitled to an indemnity in respect of liabilities or expenses incurred by him, must fir......ed in: 7 LG (HCD) (2010) 59. ...... Protection and Indemnity Associations ("P. & I. clubs") for the purpose of insuring themselves against a wide range of risks not covered by an ordinary policy of marine insurance. By so entering one or more of their ships in a P. & I. club shipowners become members of that club. P. & I...

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

GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)

....d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is reject­ed. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......No.1 Continental Traders (BD) Ltd. along with the proforma defendant No.2 EP Carrier PTE. Ltd. and proforma defendant No.3 Eagle Corporation PTE Limited praying for a decree (wrongly mentioned for an order) for the immediate return of the containers, 311 piece in quantum, owned by the plaintiff GE S......Order of the Appellate Division here. Supreme Court High Court Division (Admiralty Jurisdiction) Present: AFM Abdur Rahman J GE Sea Co. Services Ltd…………………………Plaintiff-Petitioner Vs. Continental Traders BD Ltd. and others…………………………Resp......Appellate Division here. Supreme Court High Court Division (Admiralty Jurisdiction) Present: AFM Abdur Rahman J GE Sea Co. Services Ltd…………………………Plaintiff-Petitioner Vs. Continental Traders BD Ltd. and others…………………………Respondents Ju..

Category: Admiralty Law or Maritime Law | Date: | Hits: 320

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

.... institution it has been described as “Completely a fake Organization. There is no way that the place can be characterized as a school or even a coaching centre.” The said report was subsequently published in the daily Newspaper as a public notice in compliance with this Court’s order. The Res...... respondents to prepare a guide line for controlling the fraud purported by unauthorized educational institutions in the pretext of providing foreign law degrees and and/or pass such other or further order or orders as this Court may seem fit and proper. This is a public interest litigation. ......aka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ...... Case is also Reported in: ..

Category: Others | Date: | Hits: 146

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

.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......zim and others Vs. Nur Islam being dead his heirs, Doly Islam and other 4 BLC 195, where it has been held that burden of proof is the obligation to adduce evidence to the satisfaction of the Court in order to establish the existence or non-existence of the a fact contended by a party. The provision ......lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......ath Bhadra and others did never go to India. In the suit land he has no right, title, interest and possession. 3. Defendant No.1, People's Republic of Bangladesh, represented by the Deputy Commissioner, Satkhira, Defendant No.2, Thana Nirbahi Officer, Police Station Tala, District Sathkira, defen..

Category: Property Law | Date: | Hits: 134

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

....o pro­ceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......Contract executed by respondent-defendant No.1, G. Morshed Reza for selling the suit property described in the schedule to the plaint. In the suit, defendant No.1 appeared and filed application under order VII rule 11 of the Code of Civil Procedure for rejection of the plaint. In the application it ......urt records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ...... 48 DLR, 243; Mst. Sardar Begum Vs. Mst. Sherin Taja, 23 DLR (Pesh.) 18; Kazi Md. Shahajan and another Vs. Md. Khalilur Rahman Madbar and others, 7 MLR (AD) 135; Sree Meenakshi Mills Ltd. Vs. Commissioner of Income-Tax, Madras, AIR 1957 SC 49, at page 58; Erfan Ali Vs. Joynal Abedin Mia (late) repre..

Category: Civil Law | Date: | Hits: 200

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

....nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......nbsp; Criminal Miscellaneous Case 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, Fe...... a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ...... (Criminal Miscellaneous Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Md. Bachhu, Son of Abdul Barek of Dhalia, Police Station & District-Feni........Convict- Petitioner Vs. The State…………………………Respondent Judgment April 12, 2009. ..

Category: Criminal Law | Date: | Hits: 115

STS Holding Limited (Apollo Hospitals, Dhaka) Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)

....der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A). In the result, this application is sum­marily rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 4. ......gust 28, 2008. Result: The application is sum­marily rejected. Mere keeping 10% of the total number of beds in the hospital for the poor is not enough to get the statutory tax exemption. In order to get the tax exemption under the provisions of the SRO No.180-Ain/99 dated 1.7.1999, this is......etitioner (Annexure-A). In the result, this application is sum­marily rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 4. ......me Court High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Abu Tariq J STS Holding Limited (Apollo Hospitals, Dhaka)……………………Petitioner Vs. National Board of Revenue represent­ed by its Chairman and others………………..

Category: Fiscal/Taxation Law | Date: | Hits: 237

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

....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. ......in Metro-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 se...... 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. ......(HCD) (2007) 98. ..

Category: Criminal Law | Date: | Hits: 106

M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)

....ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ...... Mesbahuddin with A.K.M. Asiful Haque - For petitioners. Md. Harunur Rashid - For the respondent No.2. Writ Petition No.3707 of 2003. Judgment Md. Awlad Ali J.- This Rule arises out of an order dated 24.4.2003 passed by the Joint District Judge and First Artha Rin Adalat, Dhaka allowing ......t. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......eme Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J M/s. Brick Linkers Ltd. and another………………………………Petitioners Vs. Joint District Judge & Others………………………………Respondents ..

Category: Limitation Law | Date: | Hits: 162

Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......the continued res­traint of Fazlu alias Hafizur Rahman alias Happy in bar fetters should not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. During pendency of the afores......observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......eme Court High Court Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Md. Rezaul Haque J Ain-O-Salish Kendro (ASK)………………………………Petitioner Vs. Government of Bangladesh and others……………………………………Responde..

Category: Constitutional Law | Date: | Hits: 219

Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)

....ding a suitable place for UPCB. Almost three years elapsed but no suitable proposal was forthcoming from amongst the residents of the union offering land for the purpose. Finally, advertisements were published in daily "the Sylheter Dak" dated 8-8-2006 and 8-7-2007 for donation of land for this purp...... in the schedule on which No.5 Union Parishad Complex Bhaban is to be constructed. 4. Facts of both the writ petitions are more of less the same which, in brief, are as under: The Government in order to strengthen the Union Parishads all over the country and for rendering service to the people......th the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ...... Reported in: 16 BLC (HCD) (2011)92. ..

Category: Property Law | Date: | Hits: 130

Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)

....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ...... at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......d in: 17 BLC (HCD) (2012) 320. ..

Category: Property Law | Date: | Hits: 117

Aung Shwe Prue Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....e was issued at the instance of the petitioner Aung Shwe. Prue Chowdhury calling upon the respondents to show cause as to why the impugned notification No. Spe. Sa:(Ain)‑32/95/205 dated 4‑11‑96 published in Bangladesh Gazette on 20‑11‑96 (Annexure‑E) should not be declared to have been m......nment being biased in favour of the respondent No.4 without assigning any reason for not accepting the recommendation in favour of the petitioner and, as such, acted illegally in passing the impugned order. 8. Mr. KM Saifuddin Ahmed, learned Deputy Attorney‑General appearing for the respondent ......osts. Order to stay stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 217. ......t here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Aung Shwe Prue Chowdhury…………………Petitioner Vs. Government of the People's Republic of Bangladesh and others………………Respond..

Category: Civil Law | Date: | Hits: 185

Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)

....re Z series which has been marked as annexed which the counter affidavit by the pre-emptor opposite party and this Z series shows that the RS Khatian as well as the Dhaka city survey Khatian has been published in the name of the pre-emptor and his other co-sharer which at least bears presumptive val......osite Party.  Civil Revision Case No.2869 of 2004. Judgment AFM Ali Asgar J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 29-5-2000 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Miscellaneous App...... This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ..

Category: Property Law | Date: | Hits: 138

Chandra Banu wife of Lalu Mallick Vs. State and an­other, 1982, 11 CLC (HCD)

....Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......- For the Petitioners. Moazzem Hossain, Deputy Attorney General - For the State.  Criminal Revision No. 387 of 1979. Judgment Abdur Rahman Chowdhury J.- This Rule is directed against an order passed by the Additional Sessions Judge, Patuakhali, affirm­ing the order of the Sub-Division......down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......State and an­other…………………….Respondent Judgment August 25, 1982. Result: The Rule is made absolute with direction. Lawyers Involved: SK. Atiar Rahman - For the Petitioners. Moazzem Hossain, Deputy Attorney General - For the State.  Criminal Revision No. 387 ..

Category: Criminal Law | Date: | Hits: 94

Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)

....e and the respective proceedings qua­shed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ...... said amount. Upon such allegations, the Sub-Divisional Magis­trate examined the complainant and issued warrant of arrest against the accused-peti­tioners under section 406 of the Penal Code by his order dated 25.10.79. 3. In C.R. Case No.1830 of 1979 (Crl. Revision No.202/1980) the complainan......he record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......e Court High Court Division (Comilla Bench) (Criminal Revisional Jurisdiction) Present: ATM Afazal J Md. Abdur Rouf J Mostafa Chowdhury & another......................Petitioners Vs. State & another........................Opposite-parties Judgment October ..

Category: Criminal Law | Date: | Hits: 87

Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)

..... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ......firming the Judgment and decree dated 30.4.2001 by the Family Court, Kishoreganj, Nilphamari, in Family Suit No.21 of 1999 decreeing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The Opposite Party as Plaintiff inst......t Division (Civil) Present: Shahidul Islam J Md. Shermat Ali……………………………Defendant-Petitioner Vs. Mossammat Lilifa Khatun……………………………….Plaintiff Opposite Party Judgment March 7, 2005. Result: The Rule is discharged. Lawyers...... Case is also Reported in: 15 BLT (HCD) (2007) 439. ..

Category: Family Law | Date: | Hits: 224