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Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......and others, 21 DLR, 331; Sreemati Charubala Shen Gupta vs. Abul Hashem and others, 33 DLR (AD) 254. Lawyers Involved: Habibur Rahman Khan - For the Petitioners. Not represented- the Opposite party. Civil Revision No. 413 of 1987. Judgment Daliluddin Ahmed J. - This Rule is direc..Category: Property Law | Date: | Hits: 54
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......f the Rule shows that the appellate Court may pass any order to do complete justice in disposing of the appeal. This power must be exercised in the interest of and to further ends of justice. If a party who could file a cross-objection under Order 41, rule 22 has not done so it cannot be said tha..Category: Civil Law | Date: | Hits: 85
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....otice was illegal, for, it was an act to fill in lacuna and for, it could not cure the mischief which was already committed by the first notice. This argument is not acceptable at all that a wrong or defect in any notice can not be cured by issuing a fresh valid notice at any point of time. The lear......ties for the last 27 years from the demised property is baseless inasmuch as that neither such a condition was imposed in the registered lease deed nor the petitioner has ever held any meeting of the party at her residence. That the statements made in the impugned notices to the effect that in the C..Category: Property Law | Date: | Hits: 88
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......with foreign Arbitration Award and not with foreign arbitration proceeding. It means that once an arbitration proceeding in a foreign country is completed the arbitral award, on an application by any party, will be enforced by execution by a court, of this country under the Civil Procedure Code, in ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......on by the defence this PW stated that there was no name of any accused in the ejahar and that any one of the persons carrying the Minister, i.e., his Private Secretary, PA or any member of his escort party has not been cited as witness in the case. He also stated that the informant mentioned in the ..Category: Criminal Law | Date: | Hits: 83
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ...... of Bangladesh Vs. Jalaluddin Ahmed reported in 37 DLR (AD) 27 this Court held that when Arbitration proceeding continued beyond 4 months with parties raising no objection, the conclusion is that the party concerned has waived its right. In view of the above, we find no substance in the submissio..Category: Property Law | Date: | Hits: 30
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
....below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......Suit No.17 of 1992 (heard analogously with Title Suit No.14 of 1992) dismissing the suit. 2. The facts, in short, are that the Title Suit No.14 of 1992 was filed by the predecessor of the opposite party as plaintiff impermanent injunction, restraining the defendant of the said suit from demolis..Category: Property Law | Date: | Hits: 33
....ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ......d not be declared to have been passed without any legal authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi briefly be put thus:
Sekendar Ali Howladar, figuring as a 1st party, riled a case under section 34 IRO 1969 with a prayer for direction to the 2nd party petitione..
Category: Labour and Industrial Law | Date: | Hits: 93
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ...... Md. Khalilur Rahman, Advocates—For Opposite Party Nos. 2(a) & 2(b). Civil Revision No. 4616 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the order dated 26-10-99 passed by the Senior Assistant Judge, 4..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....hat alleged unutilized land have been allotted to different persons and they are in possession of the same having not been denied by the petitioners we are of the view that both the Rules are bad for defect of parties. 17. In the case of Sadekuddin Ahmed Vs. RAJUK reported in 46 DLR 205 relying o......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......e, no offer was received or accepted in first two phases, it would be open for third phase, No one purchase schedule or dropped tender in first two phases. Plaintiff-petitioner and defendant-opposite-party Nos.10, 11 and 12 dropped tenders in third phase and petitioner was highest bidder quoting Tak..Category: Property Law | Date: | Hits: 34
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......is not very much relevant. What is relevant is the nature of the duty imposed on the body. The duty must by judged in the light of positive obligation owned by the person or authority to the affected party. No matter by what means the duty is imposed. If a positive obligation exists mandamus cannot ..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......itted by the police. The Daily Star on 12-5-99 published pictures of the police atrocities. They show baton wielding police beating up BNP Members of Parliament and stripping a female activist of the party at Bijoynagar area. The affidavit mentions series of other incidents that took place during th..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......order dated 24th and 25th June of 2009. The High Court Division further passed an order that the said Writ Petition should be treated as a continuing mandamus and allowed the writ petitioner or other party or any other respondents to seek directions from the relevant Bench of the High Court Division..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......ice for the 22nd AGM." 15. Thereafter, the appellant in Civil Appeal No. 319 of 2008 having learnt about the initiation of the said Company Matter No.1 of 2008 filed an application for addition of party as added respondent before the High Court Division since change of record date will prejudice ..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......Rashid at a price of Taka 1,18,300 to be delivered at Barguna on the following day and in order to meet the necessary expenses, the plaintiff-petitioners paid the master of the vessel, the opposite party No. 2 amount of Taka 49,600 towards purchase of fuel and other necessaries but the opposite pa..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......beyond five years and thereby, the petitioner acquired no valid title. In such wrong view of the matter the Court of appeal below dismissed the suit of the petitioner and decreed the suit of opposite party No. 1. 5. I have perused the judgments of the Courts below and heard the learned Advocate f..Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......peal No. 168 of 1999 in this court and thereafter obtained Civil Rule No. 229 (FM) of 1999 upon the respondent‑ opposite parties of which contemner Nos. 1‑4 are parties in this case. The opposite party Nos.1‑4 were also restrained by an order of ad interim injunction from disturbing the peacef..Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ......provisions sections 86 and 133 of the Co-operative Society Ordinance, 1984 the application for rejection of the plaint under Order 7 rule 11 CPC as well as the written objection filed by the opposite party against it. We have also perused the impugned order. Section 86 of the Co-operative Society Or..Category: Civil Law | Date: | Hits: 70
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......also held that— "The question as to whether the act of an executive or administrative officer or a quasi-judicial or judicial tribunal is without jurisdiction, illegal and not binding on a party, being a matter of a civil nature, is always to be decided by the civil Courts except to the e..Category: Criminal Law | Date: | Hits: 50
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