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Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....llaneous case on contest but without any order as to costs. 6. Mr. Khondker Mahbubuddin Ahmed learned Advocate for the defendant No. 26-appellani submits that the learned Subordinate Judge acted illegally in holding that a party who wishes to obtain the benefit of section 5 of the Limitation Act ......ordinate Judge held that the miscellaneous case was filed without bringing on record the other defendants who have got sahams. This is a partition sun and since the saham-taking defendants have equal status of the plaintiff, the appellant ought to have made them parties under Order 9, rule 14 of the..Category: Procedural Law | Date: | Hits: 101
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....njunction and her case is that the money was deposited in the joint account with a clear instruction that any one or survivor may operate the account and after the death of Nur Uddin Ahmed she is now legally entitled to the money and to operate the account. The learned Subordinate Judge on hearing b......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....order contained in the Nathi No.3 (3) VAT-5/95 corresponding to 25-3-1402 BS (Annexure-M) issued by the Second Secretary (VAT-5) National Board of Revenue should not be declared to have been issued illegally and without any lawful authority and also without appreciating the factual position leading ......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....izen of this country and as a Member of the Supreme Court Bar Association. He feels that it is his duty to bring the alleged statements to the notice of the High Court Division for taking appropriate legal action as Mr. Moudud Ahmed thinks that statements of the Home Minister in the Parliament are v......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....hat it may satisfy itself that the detenu is not being held in custody without any lawful authority and in an unlawful manner. Respondent No.4 was further directed to show cause as to why appropriate legal action should not be taken against him. 2. In an application under Article 102(2)(i) of the......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....a Central Jail and other Jails in this country and or pass such other or further order or orders as to this court may seem fit and proper. 2. It has been asserted that the petitioner is a national legal aid and services organization, which has been providing legal advice, assistance and represent......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11...Category: Criminal Law | Date: | Hits: 45
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....ing. In the instant case, a cheque was issued by the accused petitioner in favour of the complainant opposite party. The cheque was presented for encashment on 11-7-2000 but it was dishonored. Then a legal notice was served on 17-7-2000 which was received on 20-7-2000 but the accused petitioner gave......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ..Category: Criminal Law | Date: | Hits: 35
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
.... Fazlul Karim, learned Advocate appearing for the plaintiff-petitioner submits that the plaintiff filed the suit for ejectment alleging that the defendant was a defaulter. The trial Court committed illegality in dismissing the suit without any finding as to whether the defendant was a defaulter. He ......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....aintainable for want of dispossession, and also becomes barred by limitation. 19. Mr. Sircar also submits that the last agreement for lease of the shop was executed on 01- 06-95. Then, on 16-07-96 legal notice was sent to said defendant for renewal of the lease. But the lease was not renewed. Dis......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ..Category: Civil Law | Date: | Hits: 82
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....76 & 777 Mouza Joarshahara, JL No. 271, Khatian No. 127, West Bhashantek/Gudaraghat section 15 Ward No. (old) 4 (New 95) PS Kafrul, District Dhaka, without due process of law should not be declared illegal and without lawful authority being contrary to right to life as mandated by Article 32 of the ...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
.... 153. In the affidavit-in-opposition HM Ershad tried to justify his action and then prayed for mercy. He did not tender unqualified apology nor did he do so at the earliest opportune moment. The legal position is that an apology will be acceptable if (1) the contemner appreciated that his act......of the role of the Chief Justice of India has to be examined not merely with reference to the fact that an appointment is an executive act, or with reference only to the comparative constitutional status of the different consultees involved in the process, but with reference also to the constitu..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....espondents, Rajdhani Unnayan Kartripakkha and two others to show cause as to why layout plan dated 18-10-92 (Annexure-F) shall not be declared to have been made without any lawful authority and of no legal effect and the respondents were directed not to change the nature and character of the lands e......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ..Category: Property Law | Date: | Hits: 55
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....cted Chairman. 3. Opposite party No.1 Siddiqur Rahman Bhuiyan challenged the election of said AHM Khaleque by making an election petition before the above Election Tribunal on various grounds of illegal and corrupt practices. He also prayed for recount of the votes. In the election, five candidat...... the election-petitioner, Mr. Md. Siddiqur Rahman Bhuiyan elected Chairman of No.3 Khoshbash Uttar Union Parishad under the police station Barura in the District of Comilla is hereby upheld. Order of status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacat..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....licitly or by silence. Purpose is very clear. What can be resolved by negotiation that cannot be allowed to be taken to the Court for the interest of the work itself. 14. In the above view of the legal position, when I consider the impugned order I find that the Court disposed of the application......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....o be arrested. The further claim of the defendants is that the suit having been filed against the vessel ‘MV Sargodha’, which did not carry the cargo; the security obtained from the vessel is not legal as the alleged damaged cargo was carried by another vessel ‘MV Lanka Mohapola’. The defend......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
....outh Property Development Ltd, calling upon the respondents to show cause as to why notification dated 9-10-98 (Annexure-K) should not be declared to have been made without lawful authority and of no legal effect. Case of the petitioner is that the respondent No.1 decided to undertake a project to d......n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7...
Category: Civil Law | Date: | Hits: 92
.... the submission of the Memorandum of Appeal. So, this deposit is not in accordance with the provision of Section 7 of the Artha Rin Adalat Ain and, as such, the same cannot be construed as proper and legal deposit. So, though the appellant has deposited 50% of the decretal amount on 5-4-99 but this ......ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
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Category: Banking Law | Date: | Hits: 108
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....Bank for the liability of the respondent No.5, Jaba Textile Mills Ltd. under Borrower Code No.9187 (Annexure-A1 and A2) should not be declared to have been made without any lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing the petition and other materi......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. ..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....nd contained in letter dated 7-7-97 and 14-7-1997 (Annexures-C and C-1) and also in letter dated 11- 4-2000 (Annexure-H) should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and pro......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
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....w of AM Mustafa, Managing Director of plaintiff No.1 company and proprietor of plaintiffs Nos.2-3 farms and the constituted attorney of ATM Mushaffar and filed series of documents such as (letter’s legal notices and statements of accounts with original records) marked (Exhibit 1 to 33) (a). 11.......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
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