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Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)

.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. .........Opposite Party Judgment January 12, 1994. Result: The Rule is made absolute. Case Referred to- Sir Hari Sankar Pal and another Vs. Anath Nath Mitter and others, 1949 (FC) 106. Lawyers Involved: Nikhilesh Datta, Advocate ‑ For the Petitioner. Golam Mohiuddin, Advocate ..

Category: Civil Law | Date: | Hits: 157

State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)

....s. Emperor, AIR 1931 Pat 339; Comming Vs. Ratnam, 1932 Mad Cr C 23 and Sarwan Sinh Rattan Singh Vs. State of Punjab, (S) AIR 1957 SC 637 (Reference: AIR 1959 Pat 362).” 10. Relying on the golden principles enunciated in the above case reported in AIR 1959 Pat 362, we may proceed to assess the e......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......ur Rahman Vs. Emperor, AIR 1931 Pat 339; Comming Vs. Ratnam, 1932 Mad Cr C 23; Sarwan Sinh Rattan Singh Vs. State of Punjab, (S) AIR 1957 SC 637; AIR 1959 Pat 362; PLD 1954 PC 304; AIR 1946 PC 20. Lawyers Involved: AA Chowdhury Advocate - For the Appellants. AFM Shahid, Deputy Attorney-Gen..

Category: Criminal Law | Date: | Hits: 139

Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)

....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ...... Cases Referred to- Quintin Hogg Case, (1958) 2 WLR 1206; Special Reference No.1 of 1964, 1965 (SC) 745; Sir Edward Snelson Vs. The Judges of the High Court of West Pakistan, 16 DLR 535 (SC). Lawyers Involved: Dr. Rafiqur Rahman with ML Bhowmik, Advocates ‑ For Contemner No.1. KZ Ala..

Category: Criminal Law | Date: | Hits: 149

Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)

....Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......hidullah Kazi, Amjad Hossain.................Petitioner Vs. State, Abul Kasem...............Opposite Parties Judgment August 24, 1995. Result: The Rule is made absolute in part. Lawyers Involved: Not Represented ‑For the Petitioners. Osman Ghani, Advocate ‑ For the Op..

Category: Criminal Law | Date: | Hits: 97

Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)

....r who obtained the Rule for the petitioner submits that he tried to contact with the heirs of the deceased defendant‑petitioner but failed. He makes another submission that according to the settled principle of law a revision does not abate and in support of his contention he cited a decision in t......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ...... July 19, 1995. Result: The Rule is discharged. Case Referred to- Khan Sahib Khan Muhammad Saadat Ali Khan Vs. Administrator of the City Corporation of Lahore, PLD 190 (Lahore) 541. Lawyers Involved: Miah Abdul Gafur, Advocate ‑ For the petitioner. Sayed Md. Dastagir Husain..

Category: Procedural Law | Date: | Hits: 125

Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)

....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ....... Osmn Ali and others, 37 DLR 324; Upendra Chandra Roy Vs. Janab Ali, 29 DLR para 7; 18 DLR 317; Gobinda Dayal Vs. Inayetullah, ILR 7 (All.) 775; Bishan Singh, AIR 1958 (SC) at page 838 (pars 11). Lawyers Involved: Farmanullah Khan, Advocate ‑ For the Petitioner. Md. Ismail with Omar Far..

Category: Property Law | Date: | Hits: 127

Momshad Reza and 15 others Vs. Chairman, Bangladesh Public Administration Training Centre and others, 1998, 27 CLC (HCD)

....rvice Rule, 1992 instead of following Rules 37 and 38 of the said Employees Service Rules 1992 for formal action under Rule 34 giving chance of hearing through service of show cause notices under the principle of natural justice. Since authority did not proceed take action against the employees as p......olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 376.......Bangladesh Public Administration Training Centre and others…………….. Respondents Judgment November 18, 1998. Cases Referred to- 46 DLR (AD) 1; 43 DLR (AD) 154; 31 DLR (AD) 298. Lawyers Involved: SM Ebdadul Hoque, Advocate - For the Petitioners (In all above 16 Writ Petition..

Category: Employment/Service Law | Date: | Hits: 160

Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)

....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......meen J Nazrul Islam and others.……………………….Petitioners Vs. State………………….. Opposite Party Judgment April 25, 1999. Result: The Rule is discharged. Lawyers Involved: M Amirul Islam, Advocate — For the Petitioners. Munsurul Haque Choudhury, ..

Category: Criminal Law | Date: | Hits: 108

Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)

....itten statements denying the material averments made in the plaint by the plaintiff contending, inter alia, in short, that, the suit is not maintainable in its present form, the suit is barred by the principle of estoppel, waiver and a that the suit is beyond the term of the insurance policy, that t......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......March 15, 1999. Result: FA No. 277 of 1994 is allowed. FA No.129 of 1995 is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Borada Spinning and Weaving Co Ltd. Vs..

Category: Business or Commercial Law | Date: | Hits: 522

State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)

....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355....... State……….Appellant Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others…………………Respondents Judgment February 23, 1998. Result: The death reference is rejected. Lawyers Involved: Syed Abu Kowser, Assistant Attorney-General - For the State. Anisul Huq with..

Category: Criminal Law | Date: | Hits: 129

Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)

....strictly regular may not be interfered with in revision. 14. Power of revision are intended to be exercised with a view to subserve and not to defeat the ends of justice. (Emphasis put). The above principles of the law, the High Court Division is required to follow while adjudicating upon a matte...... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......Badrul Huq J Nurul Abser Chowdhury……………….Petitioner Vs. Jesmin Akther………………Opposite Party Judgment February 8, 1999. Result: The Rule is discharged. Lawyers Involved: Sheikh Zulfikar Bulbul Chowdhury, Advocate - For the Petitioner. Md. Khurshi..

Category: Family Law | Date: | Hits: 211

Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)

....ase as it requires as per the maxim of "Caveat Emptor" Ayat Steels Ltd. searched registration office and the Registrar of Joint Stock Companies but found no charge of mortgage, registered. Therefore, principle upon which section 26 clause (b) of the Specific Relief Act has been enacted is a protecti...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......All 273; 34 DR 418; AIR 1986 SC 391; Chinna Mal Vs. Arumuughon, AIR 1990 SC 1828 para 10 and 11; Govinda Rao Vs. Devi Sahay, AIR 1982 SC page 989 para 60 and 61; AIR 1932 642; AIR 1993 (Kant) 359. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, M Qumrul Haque Siddique, Tushar Kanti R..

Category: Civil Law | Date: | Hits: 235

Commissioner of Customs, Benapole, Jessore Vs. President, Customs, Excise and VAT Appellate Tribunal, Dhaka and others, 2011, 40 CLC (HCD)

....hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 416. ......hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 416. ......Vs. President, Customs, Excise and VAT Appellate Tribunal, Dhaka and others………Respondents Judgment May 18, 2011. Result: The application for condonation of delay is rejected. Lawyers Involved: Nahid Yeasmin, Assistant Attorney General - For the Appellant. ARM Ouayum Kh..

Category: Limitation Law | Date: | Hits: 324

State Vs. Manik Bala, 1988, 17 CLC (HCD)

....s acquitted of the charge. Let the condemned prisoner be set at liber­ty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......s acquitted of the charge. Let the condemned prisoner be set at liber­ty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435....... State…………………Appellant Vs. Manik Bala…………………Respondent Judgment December 5, 1988. Result: The reference is rejected and the Jail appeal is allowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General with Obaidur Rah­man Mostafa, M. A. R..

Category: Criminal Law | Date: | Hits: 142

Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)

.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433....... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433...........................................Respondents Judgment January 9, 1988. Result: The Rule is made absolute. Case Referred to- Nur Ahmed Vs. Kalimuddin Ahmed, BCR 1987 (AD) 152. Lawyers Involved: Md. Marfat Ali, Advocate - For the Petitioner. S.B. Barua, Advocate - For th..

Category: Criminal Law | Date: | Hits: 107

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

.... In AIR 1966 SC 1300 the question was whether one partner could deal with portion of the property of the partnership firm as his own dur­ing the subsistence of the partnership. In the above fact the principle of law laid down in the said case must be applicable in the instant case. The learned Subo......em. In the face of our findings in respect of Ext. W and Z series the appli­cation is not maintainable. Accordingly, it is reject­ed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......dhury and others, PLD 1957 Da 209; 1928 Nag 223; AIR 1931 Mad 512; AIR 1928 Nag 223; M/s. Bengal Friends and Co. Dha­ka Vs. M/s. Gaur Benode Sana & Co. Calcutta & another, 21 DLR(SC) 357. Lawyers Involved: T.H. Khan with M.I. Farooqui and M. Salimullah, Advocates - For the Appellants...

Category: Business or Commercial Law | Date: | Hits: 349

Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)

.... the fact that there exists a Managing Committee to run the administration of the school. But on consideration of definition clause, mentioned above, of the term ‘worker’ or ‘workman’ and the principles of law enunciated in the cases reported in PLD 1961 (SC) 403, in 21 DLR 522, 33 DLR 29 an...... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......on, Khulna and others…………..Respondents Judgment January 9, 1990. Result: The Rule is discharged. Cases Referred to: PLD 1961 (SC) 403; 21 DLR 522; 33 DLR 29; 18 DLR 299. Lawyers Involved: Md. Korban Ali, Advocate — For the Petitioner. Md. Khalilur Rahman with Sk..

Category: Labour and Industrial Law | Date: | Hits: 184

Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)

....ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ...... J ABM Khairul Haque J Khalilur Rahman (Md.) alias Ismail………Petitioner Vs. State represented by the Deputy Commissioner, Dhaka………Opposite Party Judgment May 20, 1999. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad and Md. Joynul Abedin, Advocates — For the..

Category: Others | Date: | Hits: 159

Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)

.... and/or in relation to performance of the aforesaid deed of agreement dated 6-3-80 as may be necessary or found to be convenient from time to time and to receive payments of sum of money due to their principles by way of balance consideration money or otherwise and to execute and/or to present kabal......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341....... Vs. Monwara Hospital & others..........Opposite Parties Judgment August 21, 1997. Result: The Rule is made absolute. Cases Referred to- 43 DLR (AD) 107; 43 DLR (AD) 160. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad, Advocates - For the Petitioners. Md. Rou..

Category: Procedural Law | Date: | Hits: 121

Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)

.... after drawing of the decree the present petitioner cannot re-agitate the points which they had agitated in Miscellaneous Case No.9 of 1998 and thus the present objection is caught by the mischief of principle of res judicata. 12. Mr. Masihuzzaman has filed supplementary affidavit on behalf of th......Rais Uddin relied on the un-reported decision of this Court given in the case of the Chief Engineer, Roads and Highway Department, Government of the People's Republic of Bangladesh Vs. Messrs Concord International and Construction Limited i.e. FMA No.82 of 1993 which was dis­posed of by the judgmen......olute. Cases Referred to- Mac Foy Vs. United Africa Company Limited, (1962) AC 152; 4 BLC (AD) 21; 6 AIR 1970 SC; 28 DLR (AD) 57; 46 DLR (AD) 96; 6 DLR 473; ILR 13 (Allahabad) 30; 8 DLR 307. Lawyers Involved: Rais Uddin Ahmed, Advocate - For the Petitioner. AY Masihuzzaman, Advocate -..

Category: Alternative Dispute Resolution | Date: | Hits: 291