Search Options
Judgment Advanced Search
Displaying 2621-2640 of 3806 results.
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....claims are liable to be dismissed. It is also contended that PW 1 Md. Shahidul Huq who is an associate of the plaintiff Resource International is not competent to depose before the Court as he had no power of attorney from the plaintiff while deposing and his deposition is unauthorised and should no.......Plaintiff Vs. MV Sargodha and others …………………Defendants Judgment February 20, 2001. Result: The counter-claim is not entertainable and is dismissed. Case Referred to- FFUI Co. Ltd Vs. American President Lines, PLD 1992 (SC) 291. Lawyers Involved: Dr. M.......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
.... with the case before us. In that case it was observed: A case of legitimate expectation would arise when a body by representation or by past practice aroused expectation which it would be within its powers to fulfill. The protection is limited to that extent and a judicial review can be within thos......vs Hindustan Development Corporation AIR 1994 (SC) 988 relied (7 & 8)
Lawyers Involved:
Mrs. Rabeya Bhuiyan with Safiuddin Md. Anisur Rahman Advocates—For the Petitioner.
Mahmudul Islam Attorney-General, Shahabuddin Ahmad, Deputy Attorney-General with Bazlur Rahman Chhana, Advocate—For......ocate—For the Respondent No. 1.
Writ Petition No. 3270 of 1998.
Judgment
Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner North South Property Development Ltd, calling upon the respondents to show cause as to why notification dated 9-10-98 (Annexure-K) should ......ject .Thereafter petitioner filed an application to the Prime Minister and Ministry of Land setting out the basic layout of the project proposal on 30-9-97 (vide Annexure-A). Thereafter on 14-10-97 a meeting was held in the Ministry of Land presided over by the State Minister for land and respondent..
Category: Civil Law | Date: | Hits: 92
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....g the respondents to appear on the day fixed for hearing of the appeal under rule 16 (2) and answer the points raised by the appellants in support of their appeal. So, rule 12 does not, in any way, empower and/or authorise the appellate Court either to allow a respondent to file a written statement ......n) Present: Md. Abdur Rashid J Narayan Chandra Saha and another ……………..Petitioners Vs. Jatindra Chandra Saha and others………………..Opposite Parties Judgment October 28, 1999. Lawyers Involved: Promila Biswas with Ms Nahid Sultana, Advocates—the Petit......s.1 and 2 submits that as the respondents are entitled to answer the appeal’ under rule 12 (2) of Order 41 of the Code, the acceptance by the appellate Court below of the written statement does not call for any interference. Alternately, he also submits that if there was any illegality in acceptin......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5...Category: Procedural Law | Date: | Hits: 66
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ...... 1999. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioners, Anwar Karim and Afzal Karim as well as Focus Fashion Limited, calling upon the respondent Nos.1-3 to show cause as to why inclusion of the names of the petitioner Nos.1 and 2 as defaulters in the CI......pondents. Writ Petition No.278 of 1999. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioners, Anwar Karim and Afzal Karim as well as Focus Fashion Limited, calling upon the respondent Nos.1-3 to show cause as to why inclusion of the names of the petitioner......pany. It further appears from a copy of the Judgment and Order dated 12-3-98 passed by a Company Judge of this court in Company Matter No.37 of 1998 that permission was granted to hold annual general meeting for the years 1988 to 1997 within 6 months from the date of drawing up of the said order. Th..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
.... thus refixed by him from August 1995 on the alleged basis of the price approved in August 1995 for ARS and Cock brand Mosquito Coil of the other manufacturer of Gazipur area in purported exercise of power under Rule 3(2) of the VAT Rules 1991. The respondent No.3 again issued another letter under R...... High Court Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Oram Limited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. ......ty Attorney-General with, Mostafa Zaman Islam, Assistant Attorney-General —For the Respondents. Writ Petition No. 4891 of 2000. Judgment Md. Abdul Wahhab Miah J.- This Rule Nisi was issued calling upon the respondent to show cause as to why the impugned decisions and demand contained in l......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....roper relief under proper provision of law. Miscellaneous case is not a proceeding of original nature. But this is yet a proceeding and section 153 of the Code of Civil Procedure provides the general power to amend any defect or error in any proceeding in a suit for the purpose of determining the re......e Petitioners. Md. Mahbub Ali, Advocate—For the Opposite Parties. Civil Revision No. 2271 of 2000. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned order dated 4-5-2000 passed by the District Judge, Mymensingh i...... M Enayetur Rahim, Advocate—For the Petitioners. Md. Mahbub Ali, Advocate—For the Opposite Parties. Civil Revision No. 2271 of 2000. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned order dated 4-5-2000 passe......ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364...Category: Procedural Law | Date: | Hits: 86
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368....... office at 38, Dhanmondi Residential Area, Road No.2, Police Station Dhanmondi, Dhaka and also having a branch office at Khan Lodge, Daulatpur, Khulna. The company is represented by its Managing Director Mr. ATM Mustafa and others filed the Title Suit No.274 of 1980 in the Third Court of Subordinate......id not take into consideration that 3(three) different plaintiffs took lease of the octroi posts for three different periods and their causes of action are different. According to him DW1 who categorically stated in his deposition that since 1955 their petroleum depot is functioning and before payin......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368...Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Rana Vs. State, 2010, 39 CLC (AD)
....n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899....... 2010. Lawyers Involved: A. K. Badrul Huq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 168 of 2009. (From the Judgment and order dated 06.01.2009 passed by the High Court......Assistant Sessions Judge, after trial, convicted the petitioner and another as mentioned above. 3. On appeal, the High Court Division, considered the evidence on record and found nothing which may call for its interference. The contention that the appellant was not the actual Rana was not accepte......n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899...Category: Criminal Law | Date: | Hits: 39
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....plication under Section 561A of the Code. He finally submits that the Tribunal convicted the petitioner without any legal evidence but the High Court Division failed to appreciate that the inherent power under Section 561A of the Code can be invoked to prevent the abuse of the process of the Court......9. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam, Advocate-On-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Apple No.238 of 2009. (From the judgment and order dated 28.04.2009 passed by the High Court D......ore this Court. 8. Mr. Md. Khurshid Alam Khan, the earned Advocate appearing on behalf of he petitioner submits that the learned fudges of the High Court Division after hearing the parties without calling the record of the case summarily rejected the application under Section 561A of the Code of ......r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626...Category: Criminal Law | Date: | Hits: 56
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....f of the petitioners, submits inter-alia that the suit property is an abandoned property and it was published in Bangladesh Gazette in 'Ka' list of the abandoned properties in 1986, that besides, the power of attorney by which the plaintiff claims the suit-property does not even include the suit pro......ted by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.1521 of 2009. (From the Judgment and order dated 28.05.2009 passed by the High Court......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545...Category: Property Law | Date: | Hits: 21
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
.... decision 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: VII ADC (2010) 541....... is also Reported in: VII ADC (2010) 541.......on was given to the plaintiffs to file the suit by the trial Court and after complying with the provisions of law and making public advertisement, the trial started and further the trial Court specifically mentioned the exhibits on which the plaintiffs relied upon and on the basis of which the plain......ce of the said union parishad at Kamargaon village and also prayed for an order of temporary injunction to the above affect till disposal of the suit. In the plaint of the suit it was stated that a meeting of the said No.4 Digholbagh Union Parishad was held on 3.11.1982 for the establishment of a ..Category: Civil Law | Date: | Hits: 72
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....all not be such a citizen by virtue of this section if at the time of his birth- (a) his father possesses such immunity from suit and legal process as it accorded to an envoy of external sovereign power accredited in Bangladesh and is not a citizen of Bangladesh; or (b) his father is an enemy......and others ..........…Petitioners Vs. The Government of Bangladesh and others ...........…Respondents Judgment May 5, 2003. Result: The Rule is made absolute. Cases Referred to- Mukter Ahmed Vs. Government of Bangladesh and others, 34 DLR 29; Abdul Khaleque Vs. The Court......al roll and thus to be registered as voters of the Mohammadpur area of the capital city. 2. On the application of the petitioners under article 102(1)(2) of the Constitution. Rule Nisi was issued calling upon the respondents i.e. the Election Commissioner and the related election functionaries a......squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ..Category: Election Law | Date: | Hits: 94
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
.... give a blind eye to this naked truth of the present day situation. 19. In the present case, the learned Judges ought to have remembered that anticipatory bail is an extra-ordinary relief and this power should be exercised sparingly, only in an extraordinary and exceptional circumstances, not oth......J The State. .......... Petitioner. Vs. Zakaria Pintu alias Md. Zakaria Pintu and others. ...... Respondents. Judgment June 6, 2010. Lawyers Involved: Ekramul Haque, Assistant Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdul Ma......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ..Category: Criminal Law | Date: | Hits: 68
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ......………….Petitioner Vs. Government of Bangladesh and Others…………..Respondents Judgment April 8, 2010. Result: The Rule is disposed of with directions. Cases Referred to- HM Ershad v. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council v. Chopra, AIR 19......c interest. Consequently, the swearing of affidavit on the application was dispensed with and the office was directed to register the application as a Writ Petition. After that, we issued a Rule Nisi calling upon the respondents to show cause as to why respondent No. 1 should not be directed to take......st the Headmistress of the School as stated in the news item. 4. The news item published in 'The Dally Samakal' on 26.6.2009 at page 9 is transcribed from Bangla to English as under: In an open meeting, the Upazila Primary Education officer scolded the Headmistress of a Primary School by utter..Category: Constitutional Law | Date: | Hits: 201
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....uarely an appealable order under Order 43, rule 1(d) of the Code. Law is well settled that in the event of any remedy available in the Code itself no other remedy can be availed of. Even the inherent power under section 151 of the Code cannot be, also, invoked where the result would be nullification......Opposite Parties. Civil Revision No. 6285 of 1991 (Dhaka). Civil Revision No. 189 of 1987 (Comilla). Judgment AK Badrul Huq J.- The fate of this Civil Revision Petition hinges on answer to the following core question, whether a Miscellaneous Case under Order 9, rule 13 of the Code of C......ich the decree was passed for an order to set it aside and if he satisfies the Court that summons was not duly served or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon su......f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284...Category: Procedural Law | Date: | Hits: 83
....llegality in allowing amendment to the plaint as it does not change the nature and character of the suit and, as such, the impugned order calls for no interference by this Court exercising revisional power under section 115 of the Code of Civil Procedure.
11. The learned Advocate for the defendan......der Maqbul Huq J
Gold Topps Co. Hong Kong and others………………… Petitioner
Vs.
Trading Corporation of Bangladesh and Another…………………Opposite Party
Judgment
October 30, 2000.
Cases Referred To-
Delwar Hossain Vs. Mvi Abdul Jalil Chowdhury and others, 22......Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question.
2. Short facts relevant for the purpose of the case are that, opposite party ...... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280...
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....er section 27 of the Ordinance of 1983, Government appoints a Judicial officer to be an Election Tribunal and an Assistant Judge is appointed as Election Tribunal. 24. Under section 24 of the Code power of transfer had been conferred upon ‘District Judge and thus, learned ‘District Judge’ g......sional Jurisdiction) Present: AK Badrul Huq J Khandakar (Md.) Shahjahan……………Petitioner Vs. Md. Atiar Rahman Monshi & others…………Opposite Parties Judgment October 22, 2000. Cases Referred To- Muhammad Zulfikar Vs. Abul Kalam Chowdhury and others, 42 D......sful candidate i.e. Elected Chairman as petitioner invoked this Court’s Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure whereupon Rule was issued calling upon the opposite party No.1 to show cause as to why judgment and order dated 10-4-2000 pass......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275...Category: Election Law | Date: | Hits: 89
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......intiff’s Case in short, is that his maternal grandmother, Niroda Sundari, had been the owner of 0.26 acre of land of plot No. 30 measuring an area of 0.80 acre of land. She gifted 0.14 acre of land to the plaintiff by the registered deed of gift dated 12-9-1970 and thereafter died, leaving behind ......the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts. Such persons are called experts.” “73. In order to ascertain whether a signature, writing or seal is that of t...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259...Category: Procedural Law | Date: | Hits: 85
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....strar area of the Writ Petitioner without any opportunity of being heard. 25. The Rule has been contested by the respondent No.4 denying the allegation stating, inter alia, that the authority is empowered to alter, curtail or extend the limit of area and, as such, curtailment has not violated any......16, 3822, 3313 of 1998, 124 of 1999, 3965, 2515, 2925, 3423, 3823, 3312, 3214, 3326, 3622 of 1998, 4946 of 1997 & 3029 of 1998). Obaidur Rahman Mostafa with Md. Moshfiqur Rahman Khan, Deputy Attorney-Generals- For the Respondent No. 1. (In all above Writ Petitions). Writ Petition Nos. 2419......and asserted that the curtailment was lawfully done and respondent No. 4 was legally appointed Nikah registrar for the curtailed area. 4. In Writ Petition No. 2037 of 1998 the Rule Nisi was issued calling upon the respondent to show cause as to why the Review Petition dated 28-12-97 (Annexure ‘......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...Category: Constitutional Law | Date: | Hits: 109
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
....e plaintiffs is incompetent. In deciding the prima facie case the learned Additional District Judge went to the extent of deciding the maintainability of the suit. Mr. Hassan Ariff has questioned the power of the Appellate Court in making any decision as to maintainability of the suit saying that wi......ssan Arif Advocate—For the Petitioner. Syed Ziaul Karim, Advocate—For the Opposite Parties. Civil Revision No. 274 of 2000. Judgment Md. Awlad Ali J.- This Rule arose out of interlocutory injunction order and is directed against the Judgment and order dated 25-10-1999 passed by the ......ded the question of maintainability of the suit. His further contention is that under section 16(1) (3) of the Ordinance and Rule 26 of the Co-operative Societies Rules, 1987 there is a provision for calling special general meeting but those provisions were not followed and, as such, the removal of ......2. The petitioner and ten others instituted Title Suit No.383/97 in the First Court of Assistant Judge, Dhaka impleading the opposite parties as defendants seeking a decree declaring that the general meeting dated 15-5-1997 and special general meeting on requisition dated 7-7-1997 and the meeting of..Category: Administrative Law | Date: | Hits: 146
38013800379937973796379437933792379137733772376937673765376437623761375837553752