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Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)

....sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......Petitioner Vs. Kalipada Das & others...............................Opposite Parties Judgment July 6, 1988. Result: The Rule is discharged. Case Referred to- 25 DLR 91. Lawyers Involved: Abdul Quayum, Advocate - For the Petition­er. Japan Kumar Chakraborty, Advo..

Category: Procedural Law | Date: | Hits: 65

Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)

....ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......s. Judgment Nov 23, 1988. Result: The Rule is made absolute. Cases Referred to- Nakimuddin Sana Vs. Sonaulla Biswas, 5 DLR 89; Karim Gul Vs. Shahzad Gul, PLD 1968 Peshawar, 134. Lawyers Involved: Abdul Malek Munshi, Advocate - For the Peti­tioner. Hemayetuddin Ahmed, Ad..

Category: Election Law | Date: | Hits: 206

Dr. Md. Habibullah Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh & others, 1988, 17 CLC (HCD)

....m Shorish Kashmiri, 21 DLR (SC) page 1 the Appellate Division of the Supreme Court of Bangladesh observed: “Law is to be understood in its general communication to include authoritative judicial principle laid down by superior courts. We may for the sake of comprehensiveness and clarity say tha......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 160. ...... Bengal, A.I.R. 1975(SC) 623; Nakkuca Ali, 1951 AC 66; Abdul Latif Mirza, 31 DLR (AD) 1; Mir Abdul Baqui Baluch, 20 DLR (SC) 49; Govt. of West Pakistan Vs. Be­gum Shorish Kashmiri, 21 DLR (SC) 1. Lawyers Involved: Dr. Kamal Hossain with Aminul Huque, Advo­cates - For the Petitioner. A.K.M..

Category: Criminal Law | Date: | Hits: 108

Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)

....nce, we direct that the detenu, the said Yunus Ali Mintu 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) 156. ......nce, we direct that the detenu, the said Yunus Ali Mintu 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) 156. ......89. Result: The Rule is made absolute. Cases Referred to- 18 DLR (SC) 214; 40 DLR (Dhaka) HCD 364; 31 DLR (AD) 1; 27 DLR (HCD) 496; 38 DLR (HCD) 93; 40 DLR 193, 207,358; 1988 BLD 363. Lawyers Involved: Lutfar Rahman Mondal with Bashiruddin Miah, Advocates - For the Petitioner. ..

Category: Criminal Law | Date: | Hits: 60

Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)

....ed him on such plea. The plea of guilty, which an accused person enters in a case, has to be related to the facts of the prosecution case as stated against him and as disclosed in the accusation. The principle underlying the provision is that a plea of guilty by the accused person operates as a waiv......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......@ Ayaruddin and others........................Petitioner Vs. State ........................................... Respondents Judgment June 19, 2004 Result: The appeals are dismissed. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General ‑ For the State. Jail Appeals No...

Category: Criminal Law | Date: | Hits: 73

Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)

....Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ...... Vs. State, 6 MLR (AD) 259; Alamgir Hossain (Md) alias Alamgir Vs. State, 49 DLR 630; Sher Ali Vs. State, 46 DLR (AD) 67; Md Alamgir Hossain alias Alamgir Vs. State, 17 BLD (1997) 478, 49 DLR 590. Lawyers Involved: Md. Khurshid Alam Khan with Bulbul Rabeya Begum, Advocate ‑ For the Petitione..

Category: Criminal Law | Date: | Hits: 87

Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)

....angers to the case holding. Opposite party Nos. 1 to 4 jointly opposed the application for preemption by filing a written objection. 10. Their common case is that, the application was barred by principles of waiver, estoppels and acquiescence. Their further case was that respondent No. 7 excha......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485....... Huq J Kamaluddin and others ……………Appellants Vs. Abdul Aziz (Md.) and others ......................Respondents Judgment June 22, 2004. Result: The appeal is allowed. Lawyers Involved: ABM Mahbub Suman, Advocate ‑ For the Appellant. Nawshad Zamir with Osman G..

Category: Property Law | Date: | Hits: 71

Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)

....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......bdur Rahman J Abdul Halim Ukil ....................Petitioner Vs. State........................... Opposite Party Judgment January 13, 2004. Result: The Rule is made absolute. Lawyers Involved: Rana Kawser, Advocate ‑ For the Petitioner. ABM Waliur Rahman Khan, Assist..

Category: Criminal Law | Date: | Hits: 71

Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)

....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ...... Miah J Foez Ahmed…………………………Petitioner Vs. Joynal Abedin and others…………Opposite Parties Judgment July 23, 2002. Result: The Rule is discharged. Lawyers Involved: Bashiruddin Ahmed, Advocate ‑ For the petitioner. Md Salahuddin, Advocate ..

Category: Property Law | Date: | Hits: 80

Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)

....isting of 9 members and they are suffering during these hard days of economic crisis. The service of the plaintiff though not regulated by the service regulations of the board but is protected by the principle of natural justice and hence the suit for declaration that the order of the principal date......ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......d Vs. Bangladesh Jute Industries, 31 DLR 196; Bangladesh Small Industries Corporation Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 411; 3 DLR 458; 13 DLR (AD) 228; 19 DLR 307; 21 DLR 581; 30 DLR 262. Lawyers Involved: Golam Mohammad Bhuiyan, Advocate ‑ For the Petitioner. Abul Kalam Chowdhur..

Category: Employment/Service Law | Date: | Hits: 96

MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)

....Bench that issued the Rule modified the order suo moto by directing the plaintiff to deposit security for Taka 7,00,00,000. Then, by order dated 21‑7‑03 said Bench discharged the Rule. 21. The principles for granting mandatory injunction is codified under section 55 of the Specific Relief Act......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......lt: The appeal is dismissed. Cases Referred to- Water Development Board Vs. Shamsul Huq, 51 DLR (AD) 169; Aftabuddin Vs. Mahfuzus Sobhan and others, 10 BLD (AD) (1990) 47, 42 DLR (AD) 78. Lawyers Involved: Khandker Mahbubuddin Ahmed with Ozair Farook, Advocate ‑ For the Appellant. ..

Category: Civil Law | Date: | Hits: 73

Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)

....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......itta Ranjan Mistry and others ………………Petitioner Vs. Radheshyam Mistry and others ……………Opposite Parties Judgment May 13, 2002. Result: The Rule is discharged. Lawyers Involved: Sadananda Rana, Advocate - For the Petitioners. AH Farooqui with AM Ruhul Qu..

Category: Property Law | Date: | Hits: 65

Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)

....ent dated 15‑3‑83 transferred the undertakings of Uttara Bank to the newly constituted Uttara Bank Ltd. and after such transfer, the terms and conditions of the plaintiff would be governed by the principle of master and servant. No suit would therefore, lie against termination in a Civil Court. ......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......National Dock Labour Board, [196] 3 ALL E R 939; Executive Committee UP Warehousing Corporation Vs. Chandro Kiron Tyagi, AIR 1970 SC 1244; Indian Airlines Corporation Vs. Sukdeo, AIR 1971 SC 1828. Lawyers Involved: Md. Khalilur Rahnian with AQM Shafiqulla and Md. Ali Jinnah, Advocate ‑ For t..

Category: Employment/Service Law | Date: | Hits: 174

Bangladesh Electrical Indus­tries Limited and another Vs. Sena Kalyan Sangstha and others, 1992, 21 CLC (HCD)

....urt, however, is directed to dispose of the concerned suit expeditiously. Communicate this order to the concerned Court immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 749.......urt, however, is directed to dispose of the concerned suit expeditiously. Communicate this order to the concerned Court immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 749....... Ltd., AIR 1936 (Bom) 2; Hunter Vs. Hunter and others, 1936 Appeal Cases 222; Lyle & Scott Ltd. Vs. Scott's Trustees, 1959 Appeal Cases 763; Haji Md. Elias Vs. Mrs. Suraya Rahman, 1981 BCR 47. Lawyers Involved: Syed Ishtiaque Ahmed, Advocate with Rokan­uddin Mahmud, and Murad Reza, Advoca..

Category: Company Law | Date: | Hits: 181

CQM Md. Ayub Ali Vs. Bangladesh, represented by the Secretary, Minis­try of Works & others, 1993, 22 CLC (HCD)

....' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ......' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ......n, Court of Settlement and another, Civil Petition Leave to Appeal No.290 of 1990; Civil Petition Leave to Appeal No.6 of 1991; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116. Lawyers Involved: M I Farooqui, Advocate ‑ For the Petitioner. Md. Saidur Rahman, AAG ‑ Fo..

Category: Property Law | Date: | Hits: 81

Madina Vegetable and Oil Refi­nery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)

....to its knowledge was other than one entitled under the bill of lading to receive them the carrier was liable for breach of contract and for conversion. In the above quoted passage from Carver and the principle laid down in these cases I am of the opinion that where the plaintiff in an Admiralty suit...... The plaint is returned. Cases Referred to- Stettin (1886‑1900), ASP RMC Vol. 6, 395; Sze Hai Tong Bank Ltd Vs. Rambler Cycle Co. Limited, (1959) AC 576; Al‑Sayar Navigation Co. Vs. Delta International Trader Limited and others, 34 DLR 110 (AD); Sakh Steel Industries Ltd. Vs. TSS Pacific...... Limited, (1959) AC 576; Al‑Sayar Navigation Co. Vs. Delta International Trader Limited and others, 34 DLR 110 (AD); Sakh Steel Industries Ltd. Vs. TSS Pacific Abeto and others, 35 DLR 188 (AD). Lawyers Involved: Dr. Kamal Hossain, with Shah Abu Nayeem, Mominur Rahman, Advocates ‑ For the ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 383

Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)

....inance, 1961 are also illegal and without jurisdiction on the ground that the said amendment effecting change in the name of Salimullah Muslim Hall by removing the word 'Muslim' therefrom offends the principle of rea­sonableness and is also a fraud on the statute. The learned Counsel refers to the ......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63....... Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; ETV Ltd., 54 DLR (AD) 130, Professor Golam Azam Vs. Bangladesh, 45 DLR 423, Ram Chandra Sankar Deodhar Vs. State of Maharashtra, 1974 SCC 317. Lawyers Involved: Abdur Razzaque, Advocate‑For the Petitioner. Rafiqur Rahman with Serajur R..

Category: Civil Law | Date: | Hits: 63

KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)

.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......Hossain Ahmed J KM Akhtaruzzaman........................Appellant Vs. Agrani Bank and others.................Respondents Judgment June 18, 2003. Result: The appeal is allowed. Lawyers Involved: Khandaker Mahbuhuddin Ahmed with Abdur Razzak Meah, Younus Halder and Md. Akbar..

Category: Civil Law | Date: | Hits: 83

Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)

....ated 27‑1‑2004, the petitioner did not acquire any vested right to as­sess and release the goods on the basis of letter on credit dated 17‑11‑2003 has got no substance. And consequently, the principle of law enunciated in the case of Government of Pakistan Vs. Monzoor Brothers does not help......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......thers Vs. Azizuddin Industries Ltd., 23 DLR (SC) 73 and Md. Shoib Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Industries, Dhaka and others, 27 DLR 315. Lawyers Involved: Mahmudul Islam with Mizanul Hoque Chowdhury Hasan Razib Prodhan and MA Hannan-F..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Abul Kashem Al-Asad Vs. Bangladesh, represented by the Secretary, Ministry of Land & others, 2004, 33 CLC (HCD)

....e original written statement made after the evidence of the plaintiff's witnesses was over. The amendment of the plaint and the amendment of the written statement are not governed by exactly the same principle of law as enunciated by our Appellate Division in the aforesaid 46 DLR (AD) 130. The trial......or amendment of the written statement stands rejected. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 51.......ers...............Opposite Parties Judgment June 22, 2004. Result: The Rule is vacated. Case Referred to- Abul Kalam Azad and another Vs. Sushar Ali and others, 46 DLR (AD) 130. Lawyers Involved: JN Deb, Advocate‑For the Petitioner. Not one appears- For the Opposite Par..

Category: Property Law | Date: | Hits: 71