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Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)

....Leave was also granted to consider the submissions made by Mr. Nurul Amin that the learned Judges of the High Court Division erred in law in making the Rule absolute inasmuch as it is the settled principle that after framing issues including maintainability of the suit, all the issues are to be ...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......l Huda J Salahuddin Khan and others and others...................Appellants Vs. Md. Abdul Hai Bahar and others…………………...............Respondents Judgment June 15, 2011. Lawyers Involved: Md. Nurul Amin, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-For..

Category: Civil Law | Date: | Hits: 86

Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)

....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......d. Joynul Abedin J Amin Mia (Md.)……………………………………...Petitioner Vs. Nazir Ahmed and another……………………...Respondent Judgment December 14, 2008. Lawyers Involved: AA Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the..

Category: Criminal Law | Date: | Hits: 89

Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)

....took place at the time, place and manner as alleged. Mr. Hafizullah has referred to British Shipping Laws, 4th Edition. The book is 'Law of Collisions at Sea' by Kenneth C. Coguffie. In this book the principles relating to settlement of collision at sea have been enumerated. Mr. Hafizullah has refer......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......s…………..…….Defendants. Judgment July 22, 1990. Cases Referred To- Dowell Vs. General Steam Navigation Co.; British Columbia Electric RY Co. Ltd Vs. Loach; Swadling Vs. Coop. Lawyers Involved: Manzur‑ur Rahim, Advocate ‑ For the Plaintiff. M Hafizullah, Advocate �..

Category: Admiralty Law or Maritime Law | Date: | Hits: 177

Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)

....sion against the conviction of the accused persons directed further inquiry with direction to the Magistrate to summon and examine such witnesses as appeared necessary. In that view of the matter the principle enunciated in that case has no application in the present case. Under section 436 of the C...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......�………………………….opposite parties Judgment August 5, 1990. Cases referred to- Emperor Vs. Maunga Ba Thon, 32 CrLJ, 950; Abdus Salam Master Vs. The State,36 DLR (AD) 58. Lawyers Involved: Nurul Islam Chowdhury with Abut Kalam Azad, Advocate‑For the Petitioners. ..

Category: Criminal Law | Date: | Hits: 78

Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)

....der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29.......der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29.......etitioner Vs. Noor Mohammad……………………Opposite Party Judgment February 6, 1991. Case Referred to- M/s Ayat Ali Bhuiyan and Company Ltd. Vs. Janata Bank, 40 DLR 56. Lawyers Involved: Abdus Salam Khan, Advocate‑For the Petitioner. Aftab Hossain, Advocate‑F..

Category: Procedural Law | Date: | Hits: 51

Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)

....e judgments of both the Courts below. On my inquiry Mr. Awlad Ali very candidly states that the date on which the ex parte decree was passed was not fixed for hearing the suit ex parte. It is settled principle of law that unless the suit is fixed for hearing on particular date the Court is not empow......urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......) Present: AM Mahmudur Rahman J Hazerannessa .....................Plaintiff‑Petitioner Vs. Nasiruddin Mahmood and others……….Opposite Parties Judgment January 29, 1991. Lawyers Involved: Md. Awlad Ali, Advocate‑For the Petitioner. Not represented ‑ the Opposi..

Category: Procedural Law | Date: | Hits: 79

Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

.... of temporary mandatory injunction by restoring status quo ante or rather the status quo between the parties as existed at the time of institution of the suit. According to the learned Advocate, this principle of law needs no citation. This eviction of plaintiff during the suit by the Deputy Commiss......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......Nurul Hossain and others……………………………………..Respondents Judgment December 18, 1990. Case Referred to- Abdul Jalil Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) 42. Lawyers Involved: Md. Hannan with MA Rashid and M Khaled Ahmed, Advocates ‑ For the Appellant...

Category: Property Law | Date: | Hits: 389

Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)

....itled to vote in the election of the aforesaid thirty women members. 7. The provisions of Article 4 of PO No.17 of 1973 as substituted in 1986 shall have to be interpreted according to the general principle of Interpretation of the Statutes. The general rule of law upon the construction of all st...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ......re Bangla Nagar, Dhaka…………..……………Respondents Judgment April 2, 1991. Cases referred to- Grey Vs. Pearson, (1857) 6 HLC 61,106; Duke of Buccleuch, (1889) 15 PC 86, 96. Lawyers Involved: Mohammad Mohsen Rashid, Advocate-For the Petitioners. Abdul Wadud Bhuiyan, A..

Category: Constitutional Law | Date: | Hits: 164

Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)

....d. and others Vs. Assistant Collector of Customs and others, the Appellate Division after quoting the decision in the case of Shafiqur Rahman Vs. Certificate Officer, 29 DLR (SC) 232 observed: "In principle, where an alternative statutory remedy is available, an application under Article 102 may ......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......hmood and another Vs. Bangladesh and others, Writ Petition No.318 of 1991; Ferdous Nigar Hossain Vs. The Government of the People's Republic of Bangladesh and others, Writ Petition No.882 of 1991. Lawyers Involved: Rokonuddin Mahmood with Murad Reza, Advocates‑For the Petitioner (In Writ Pet..

Category: Criminal Law | Date: | Hits: 88

Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)

.... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......re J Md. Sharifullah………………………………………………..Appellant Vs. The State...….........................................Respondent Judgment April 26, 2011. Lawyers Involved: Md. Khairul Alam-For the Appellant. Biswajit Deb Nath, Deputy Attorney Gener..

Category: Criminal Law | Date: | Hits: 73

Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)

....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ...... Judgment February 9, 2003. Cases Referred To- Bangalore Medical Trust Vs. BS Muddappa reported in AIR 1961 (SC) 1902; Giasuddin Vs. Dhaka Municipal Corporation 17 BLD 577= 49 DLR 199. Lawyers Involved: AF Hasan Arif, Attorney General, instructed by AKM Shahidul Huq, Advocate-on-Re..

Category: Property Law | Date: | Hits: 92

Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)

....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......cretariat, Police Station-Ramna, Dhaka and others...........Petitioners Vs. Anisur Rahman and another ...............................................Respondents Order March 15, 2011. Lawyers Involved: Mahbubey Alam, Attorney General (Mojibar Rahman Miah, Deputy Attorney General w..

Category: Property Law | Date: | Hits: 85

Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)

.....1-4 contested the suit by filing a joint written statement. These defendants denied the material case of the plaintiffs and stated, inter-alia, that the suit is not maintainable as it is barred by principle of res-judicata. The positive case of the defendant Nos.1-4, in short, is that the suit pr......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370....... and others .........Petitioners Vs. Hafez Ahmed and others …………………………………………………………………….............Respondents Order April 28, 2011. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on..

Category: Property Law | Date: | Hits: 77

Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)

....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......Muhammad Imman Ali J Chairman, BCIC ………………........................Petitioner Vs. Anis U Ahmed Tussan..................................Respondents Judgment May 11, 2011. Lawyers Involved: Md. Abdus Samad, Senior Advocate instructed by Md. Taufique Hossain, Advocate-o..

Category: Alternative Dispute Resolution | Date: | Hits: 182

Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)

.... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ...... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ......a and another…........Respondents (In Civil Petition No. 655 of 2010) Shanaz Noor and another……………........Respondents (In Civil Petition No. 656 of 2010) Order March 3, 2011. Lawyers involved: M. Amir-Ul Islam, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate-on..

Category: Others | Date: | Hits: 118

Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)

....stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ......stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ......……………..Appellant Vs. The State………………………………………………………......Respondent Judgment August 16, 2009. Result: The appeal is dismissed. Lawyers Involved: Khandaker Mahbub Hossain, Senior Advocate instructed by Syed Mahbubar Rahman, A..

Category: Criminal Law | Date: | Hits: 80

Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344....... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......ssain J Zakir Hossain and another…………........................Petitioners Vs. Md. Yousuf Kabir and another………………………….... Respondents Order March 14, 2011. Lawyers Involved: Mahmudul Islam, Senior Advocate with Abdul Quayum, senior Advocate instructed b..

Category: Property Law | Date: | Hits: 72

Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

.... including the writ petitioners to appear in the second viva-voce examination for 100 marks only. The High Court Division observed that the claim of writ petitioners cannot be said to barred by the principles of waiver since the then Caretaker Government had no authority to request the PSC to re......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......CC 268; Jatendra Kumar Vs. State of Punjab, (1985) 1 SCC 122; Union of India Vs. Hindustan Development Corporation, AIR 1994 SC 988; Punjab Communications Ltd. V. Union of India, AIR 1999 SC 1801. Lawyers Involved: Murad Reza, Additional Attorney General (with Akram Hossain Chowdhury, Deputy A..

Category: Constitutional Law | Date: | Hits: 247

AKM Mizanur Rahman and others Vs. The Chairman and Administrator, Chittagong Municipal Corporation and others, 1991, 20 CLC (HCD)

....oceed with the construction on the aforesaid drain‑passage further. The rule is, accordingly, made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 331.......oceed with the construction on the aforesaid drain‑passage further. The rule is, accordingly, made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 331.......trator, Chittagong Municipal Corporation and others..............Respondents Judgment July 4, 1991. Cases Referred To- Miah Fazal Din Vs. The Lahore Improvement Trust, 21 DLR (SC) 225. Lawyers Involved: AJ Mohammad Ali, Advocate ‑ For the Petitioner. Not represented‑ the Res..

Category: Property Law | Date: | Hits: 58

Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)

....ere is a prima facie case, it can grant an injunction. It is a discretionary power of the Court and should not be interfered with a revisional application however wrongly exercised. 8. The general principle regarding granting a temporary injunction, as stated above by the learned Advocate for the......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......��…..Petitioner Vs. Yusuf Ali and another………………….Opposite Parties Judgment April 7, 1993. Cases Referred To- Serajul Islam Vs. Mizanur Rahman, 29 DLR (SC) 82. Lawyers Involved: Mihir Kanti Mazumder, Advocate- for the petitioners. SK Sinha, Advocate- for..

Category: Property Law | Date: | Hits: 101

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