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Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)

....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......e of contract……………………….(15) Case Referred to- Golam Kader being dead his heirs: Nurun Nahar Begum and others Vs. Abdul Khaleque Choukder and others (1991) 43 DLR (AD) 107. Lawyers Involved: Mahbubey Alam, Senior Advocate (with Abdul Quayum, Senior Advocate), instructed..

Category: Civil Law | Date: | Hits: 186

Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)

....f the plaintiffs, the High Court Division as well as the lower appellate Court came to a finding that they could not prove possession of the plaintiffs in the suit land. 7. It is now well settled principle that the plaintiff is to prove his own case and that weakness of the case of the defendant......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......and others…………...............Petitioners Vs. Md. Abdul Hamid and others...............................Respondents Judgment July 29, 2012. Result: The appeal is dismissed. Lawyers Involved: Md. Nurul Amin, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record..

Category: Property Law | Date: | Hits: 101

Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)

....by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ......by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ......¦â€¦â€¦â€¦......Appellants Vs. Mrs. Rana Awan………………………………………………………Respondent Judgment August 1, 2012. Result: The appeal is disposed of. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by Md. Zahirul Islam, Advocate-on-..

Category: Property Law | Date: | Hits: 121

Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)

....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......Md. Ruhul Quddus J Md. Rafiqul Islam alias Rafique………………Appellant Vs. The State………………Respondent Judgment April 13, 2011. Result: The appeal is allowed. Lawyers Involved: No one appears - For the appellant. Ms. Rona Nahrin, Assistant Attorney Gene..

Category: Criminal Law | Date: | Hits: 101

SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)

....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......¦.Accused-Petitioner Vs. State ……………………Opposite Party Judgment March 14, 2011. Result: The application for bail is rejected. Case Referred to- 14 MLR 482. Lawyers Involved: Abdul Matin Khasru, Advocate - For the Accused-Petitioner. KM Zahid Sanvar, ..

Category: Criminal Law | Date: | Hits: 111

Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)

....al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......¦â€¦â€¦â€¦â€¦Appellant Vs. Tectonics and others……………………Respondents Judgment July 6, 2010. Result: The rule is thus discharged. The Customs Appeal is dismissed. Lawyers Involved: Kashefa Hossain, Assistant Attorney-General - For the Applicant. AM Aminuddi..

Category: Procedural Law | Date: | Hits: 111

Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd. and others, 2010, 39 CLC (HCD)

....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld. Send down the lower Court records. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 359. ...... DLR (HCD) (2011) 359. ......7 BLC (AD) 1; 7 BLD 365; Bangladesh Small Industries Corporation, Dhaka Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and others, 18 DLR 709. Lawyers Involved: Golam Arshed with Serajul Haque, Advocates - For the Appellant. AQM Safillah..

Category: Employment/Service Law | Date: | Hits: 175

Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)

....writ petition is not maintainable against the judgment and decree passed by the Artha Rin Adalat as alternative forum of appeal is available under section 41 of the Ain. 19. By now it is a settled principle of law that a judgment and decree passed by the Artha Rin Adalat cannot be challenged in w......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......azi M Towfiq Vs. Agrani Bank, 54 DLR (AD) 6; Bangladesh Agricultural Develop­ment Corporation Vs. Artha Rin Adalat, 59 DLR (AD) 6; Edruk Limited Vs. Secretary, Ministry of Industries, 14 BLC 102. Lawyers Involved: Md. Arshad Ullah, Advocate - For the Petitioner. Md. Imam Hasan, Advocate - ..

Category: Civil Law | Date: | Hits: 269

Md. Fazlur Rahman & others Vs. Government of the People's Republic of Bangladesh & others, 1989, 18 CLC (HCD)

.... service cannot be sustained. In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 459....... service cannot be sustained. In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 459.......by the Secretary, Mini­stry of Home Affairs, Dhaka & others………………….Respondents Judgment March 13, 1989. Result: The Rule in all the Writ petitions are made absolute. Lawyers Involved: Abu Sayeed Ahmed, Advocate - For the Peti­tioners (In all the Writ Petitions)...

Category: Others | Date: | Hits: 167

Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)

....d step brothers it is natural that the first should exclude the second and the second should exclude the third. In the instant case the rival claimant is elder full sister and younger half sister, so principle of law enunciated in the case cited fully covers the present case. It is to be mentioned t......al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment April 5, 1988. Result: The appeal is dismissed with cost. Case Referred to- Ma Thein and others Vs. Maung Sin and others, AIR 1938 74. Lawyers Involved: Hemayetuddin Ahmed, Advocate - For the Ap­pellant. Menhajuddin Ahmed Khan w..

Category: Property Law | Date: | Hits: 107

Anwar Ali Vs. State, 1987, 16 CLC (HCD)

....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. .............................................Petitioner Vs. State...............................................Opposite Party Judgment August 31, 1987. Result: The appeal is allowed. Lawyers Involved: Mainul Hosein with Joynul Abedin, Advo­cates - For the Appellant. S. B. Bar..

Category: Criminal Law | Date: | Hits: 108

Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)

....d cancelled. A copy of the de­cree be sent to the Sub-Registrar concerned for neces­sary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......d cancelled. A copy of the de­cree be sent to the Sub-Registrar concerned for neces­sary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......ster.........................Petitioner Vs. Lehajuddin Talukder & others .......................Opposite Parties Judgment November 2, 1988. Result: The Rule is made absolute. Lawyers Involved: P.C. Guha, Advocate - For the Petitioner. Matiar Rahman Khan, Advocate - For..

Category: Property Law | Date: | Hits: 82

Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)

....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441....... Rahman Vs. Sk. Mofazzal Hossain, 14 DLR 826; Rafique & others Vs. Siddique and others, 22 DLR 59; Dasarath Vs. Sarat Chandra, 37 CWN 971; Kobbat Ahmed Vs. Abdus Sabur, 25 DLR 282; 22 DLR 56; Lawyers Involved: Giasuddin Ahmed, Advocate - For the Peti­tioner (In all the cases). Rafiqur..

Category: Property Law | Date: | Hits: 88

Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)

....result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......ion.................................Respondents Judgment June 22, 1989. Result: The Rule is discharged. Cases Referred to- Harunur Rashid Vs. Bangladesh & others, 39 DLR 445. Lawyers Involved: Md. Hannan with M. Khaled Ahmed, Advocate—For the Petitioner. Fakhrul Isla..

Category: Property Law | Date: | Hits: 108

Daulatpur Traders & Co. Ltd. Vs. Eastern Federal Union Insurance Co. Ltd. & another, 1989, 18 CLC (HCD)

....Scott Vs. Avery and others was given by the House of Lords in 1855-1856. 16. The (Indian) Contract Act was enacted in 1872 and it appears that section 28 of the Contract Act embodied the aforesaid principle of common law enunciated in the case of Scott Vs. Avery. Section 28 of the Contract Act is......lt all the three appeals are dis­missed but in the facts and circumstances of the case we direct the parties to bear their own costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 125. ......1121 = (1843-60) All E.R. Rep.1;Scott Vs. Avery and others 1855-1856; Viney Vs. Bignold, (1887), 20 Q.B.D.172; Jureidini Vs. National British and Irish Mill­ers Insurance Co. Ltd., (1915) AC 499. Lawyers Involved: Syed Ishtiaq Ahmed with Serajuddin Ahmed and Fariduddin Mohammad Reza, Advocat..

Category: Business or Commercial Law | Date: | Hits: 290

Soleman & Others Vs. State, 1989, 18 CLC (HCD)

....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ....... The State; Ismail Sarker Vs. The State, 33 DLR 320; Seraj Ali Vs. The State PLD 1968 Dae.158; Allah Rakha Vs. The Slate AIR. 1927 Lah. 658; Shamsuddin Sarkar Vs. The State 11 DLR (SC), page 365. Lawyers Involved: A.K.M. Faiz with Nazrul Haque, Advocates—­For the Appellants. Fazlul Haqu..

Category: Criminal Law | Date: | Hits: 141

Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)

....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......ul Hafiz and others Vs. Mafizuddin and others 7 DLR, 577; Girijanandini Devi Vs. Bijendra Narain Chowdhury A.I.R. 1967 S.C. 1124; Mahmud Ali and another Vs. Bangladesh & ors. 1986 BLD (AD) 56. Lawyers Involved: M.A. Mannan, Advocate—For the Petitioners. Md. Abdul Gafur, Advocate — F..

Category: Civil Law | Date: | Hits: 152

Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)

....vit-in-opposition asserting that the suspension order in question was issued by way of misusing the power by the prescribed author­ity in violation of statutory provision of law and has offended the principle of natural justice. The respon­dent thereafter filed supplementary affidavit stating that......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......eferred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. Secre­tary, Ministry of Local Govt. and Rural Develop­ment and others 1981 BLD (AD) 196; Abdur Rashid Versus Govt. of Bangladesh 32 DLR page 109. Lawyers Involved: M. Taleb Ali, Advocate—For the Petitioner. Kaiseruddin Ahmed, Deputy Attor..

Category: Others | Date: | Hits: 175

Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)

....rth­with from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......rth­with from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ............................................Petitioner Vs. Mrs. Bilkis Rahman & State...............Opposite Party Judgment July 10, 1989. Result: The suo motu Rule is discharged. Lawyers Involved: Dr. Rafiqur Rahman, Advocate— For the Peti­tioner. Md. Moazzem Hussain, D..

Category: Criminal Law | Date: | Hits: 101

Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)

.... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ......t: The Rule is made absolute. Cases Referred to- Bristol South-East Parliamentary Elec­tion, (1961) 3 A E L R 354; Sanaullah Vs. Election Tri­bunal, Gujrat and others, PLD 1966 Lah. 97. Lawyers Involved: Syed Ishtiaq Ahmed with Salahuddin Ahmed, Advocates— For the Petitioner. R..

Category: Election Law | Date: | Hits: 187