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State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....hury, District Magistrate, Sylhet and Mr. Mostafa Kamal, Superintendent of Police, Sylhet to show cause as to why they should not be punished for committing contempt of Court for violating the orders dated 8-3-2005 and 2-4-2005 passed by this Hon'ble Court. 2. Both the contemners have appeared ......ith any order or direction of this Court made in any case then such officer is not only guilty of contempt of this Court but also of insubordination. We are in respectful agreement with the aforesaid decision reported in 51 DLR 515 and are of the view that in the present case the contemner No. 1 is ..Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....Petition No. 485 of 2001. Judgment Md. Muzammel Hossain J.- This Rule was issued at the instance of the petitioner calling upon the respondents to show cause as to why the impugned order No. 16 dated 20-11-2000 passed by respondent No. 1 in Bankruptcy Case No. 6 of 2000 (Annexure-D) and the su...... the words would be modified so as to avoid absurdity and give a meaning to carry out its object. 29. In this context we may profitably refer to the following observations of FKMA Munim, CJ in the decision of the case of AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola and..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....s Involved: T.H. Khan, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Criminal petition for Leave to appeal No. 270 of 2009. (From the judgment and order dated 18-03-2009 passed by the High Court Division in Criminal Revision No.1142 of 2007.) Judgmen...... and as such the impugned judgment and order passed by t he High Court Division is liable to be set aside for securing the ends of justice. In support of his conÂtention Mr. Khan has referred to the decision of the case of Bangladesh Vs. Paran Chandra Baroi reported in 1986 BCR (AD) 225. Mr. Khan f..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....-On-Record-For the Appellant A.W. Bhuiyan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-On-Record-For the Respondents. Civil Appeal No. 208 of 2004. (From the judgment and order dated 18.08.2003 passed by the High Court Division in F.A. No.255 of 2002.) Judgment Md. Muzam......eedings in the trial Court by the umpire is a mere irregularity which will not affect the merit of the case in making the award Rule of the Court. We approve this view which finds it's support in the decision of the case of Overseas Cotton Co. Vs. S. M. Fazail and Co. reported in PLD 1958 (WP) Karac..Category: Alternative Dispute Resolution | Date: | Hits: 187
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
....udgment Fazlur Rahman J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 29-11-94 as contained in Annexure 'E' to the writ petition issued by respondent No.1 should no......e lands of a holding or portion thereof during the period of loss by diluvion if such lands reappear in situ within 30 years of their loss and that the impugned memo dated 29-11-94 is contrary to the decision of the Appellate Division of the Supreme Court of Bangladesh reported in 31 DLR (AD) 195 wh..Category: Property Law | Date: | Hits: 99
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why the Impugned Order contained in Memo No. 225-Paubo-Kop/B-lKa/Sha-l/B-2/2001 (Part- 4) dated 5-9-2001 (Annexure-D) issued under the signature of the respondent No. 5 amending the final se....... respondent Nos. 6 to 13 was kept pending. Their cases were discussed in the 27th meeting of the Parliamentary Standing Committee regarding the Ministry of Water Resources held on 19-12-1999. As per decision of the Parliamentary Standing Committee, a five-member Committee on appointment/ promotion/..Category: Employment/Service Law | Date: | Hits: 79
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
....ry J. - This Rule at the instance of the plaintiffs as petitioners, was issued under section 115(1) of the Code of Civil Procedure asking the defendant opposite parties to show cause why order No. 63 dated 12-8-2002 passed by the Joint District Judge, 1st Court, Kishoreganj in Title Appeal No. 372 o......the suit or of the plaint, the question of limitation as has been held by the learned Joint District Judge has been utterly misconceived whereby he committed error of law resulting in an error in the decision occasioning failure of justice. 8. The learned Advocate submits further that the learned..Category: Procedural Law | Date: | Hits: 93
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
.... Civil Revision No. 300 of 2005. Judgment Faisal Mahmud Faizee J.- This Rule, upon an application under section 115 of the Code of Civil Procedure, was directed against the judgment and decree dated 14-10-2004 (decree drawn on 21-10-2004) passed by the Additional District Judge, Sylhet in Tit......egarding auctions that no legal right in the auctionable goods accrues to a bidder only because he comes out to be the highest bidder. In support of his submission, Mr. Azizul Haque has referred to a decision of our Appellate Division reported in 2 MLR (AD) 109. In that case, Senior Advocate Syed Is..Category: Business or Commercial Law | Date: | Hits: 209
Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)
....ties. Civil Revision No. 374 of 1999. Judgment Salma Masud Chowdhury J.- This rule was issued calling upon the opposite parties Nos. 1-4 to show cause as to why the portion of impugned order dated 6-10-98 passed in Title Suit No. 59 of 1996 by the Assistant Judge, Muktagacha Court, Mymensin......al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227...Category: Procedural Law | Date: | Hits: 106
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
..... 5242 of 2002. Judgment Md. Abdur Rashid J. - Defendant Nos. 1 to 4 and 6 obtained the Rule upon making a revision application under section 115 of the Code of Civil Procedure against an order dated 27-7-2002 passed by Joint District Judge, Court No.2 at Chandpur in Title Suit No. 12 of 2002,......Secondly, whether the decree has become a nullity for drawing up against a dead party and, therefore, in executable can only be decided in the executing proceeding by the executing Court. Lastly, any decision on the question in such interlocutory proceeding would be tantamount to try out Title Suit ..Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....yan with Mohammad Mofazzal Hossain, Advocates—For the Opposite Parties. Civil Revision No. 5491 of 2002. Judgment Sheikh Abdul Awal J.- This Rule is directed against the judgment and order dated 27 6-2002 passed by the learned Additional District Judge, 2nd Court, Noakhali in Miscellaneou......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....th Nowshad Zamir, Advocates — For the Plaintiff-Appellant-Opposite Parties. Civil Revision No. 827 of 2000. Judgment Zubayer Rahman Chowdhury J.- Being aggrieved by the judgment and decree dated 19-9-99 and 26-9-99 respectively passed by the Subordinate Judge, Third Court, Mymensingh in O......ioner was correct and did not raise any objection in respect of the same, It is thus apparent that there is non consideration of material evidence on record. 12. Mr. Haque has also referred to two decisions of this Court reported in 46 DLR 34 and 49 DLR 428 wherein it has been held that a plainti..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
....Khan, Advocates—For the Opposite Parties. Civil Revision No. 1701 of 2005. Judgment Md. Awlad Ali J.- This Rule issued under section 115(4) of the Code of Civil Procedure against the order dated 14-5-2005 passed by the District Judge Chittagong was initially heard by a Division Bench comp......lity of revisional application before the District Judge against an order passed by the Subordinate Judge in a suit the valuation of which is 3,77,61,255 and the said Bench in view of the conflicting decisions given by other Benches referred the case to the Hon'ble Chief Justice for constitution of ..Category: Procedural Law | Date: | Hits: 90
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....dgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned memo (Annexure-B) dated 23-2-2003 issued by respondent No. 5 for holding election scheduled to be held on 28-2-2005 fo......dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201...Category: Election Law | Date: | Hits: 83
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
....05. Judgment Shamim Hasnain J.-This application has been filed on behalf of thedefendant No. 1, 2 and 15 for vacating the order forarrest of the vessels MV X-Press Manaslu and MVX-Press Resolve dated 18-12 2005 and for releaseof the same. 2. The suit which has been filed under the admiralt......n that the time charterer was the beneficial owner. The beneficial owner of the vessel is the person whose name is written on the transcript. In support of his contention Mr. Hafizullah refers to the decisions in the following cases: (i) The Maritime Trader reported in Lloyds Law Reports (1981) V..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....iginal Decree No. 293 of 1999. Judgment Md. Abdur Rashid J.- Both the appeals were presented by the Government of Bangladesh represented by the Deputy Commissioner at Comilla against the decree dated 29-7-98 passed by Subordinate Judge, Court No. 1 at Comilla in Title Suit No. 58 of 1997, whic......dated 16-1-95 in the absence of any authority and the plaintiff having obtained the agreement on false representation, such agreement must be held to be not enforceable in law. In support, he cited a decision of the House of Lords in Howell Vs. Falmouth Boat Construction Ltd, [1951] 2 All England Re..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
.... late Mr. Manik Mia, was made to act as the printer and publisher for the said daily. Subsequently, the Company appointed the respondent Mr. Anwar Hossain. Editor of the Daily Ittefaq by a resolution dated 10-3-1972 in place of the petitioner. Mr. Mainul Hosein and Mr. Mainul Hosein became the Chair......usiness of the Company including the management and the publications of the Daily Ittefaq so that the Company can function smoothly without referring almost every matter to the Board of Directors for decision. 6. From the inception of the publication of the said premier daily petitioner Mr. Ma..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
.... Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order as contained in Memo No. Justice-7/2N-42/2002/1163 dated 19-10-2004 issued under the signature of respondent No. 2 appointing respondent No. 5 as the N......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....eople's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned criminal proceedings being BACGR Case No. 9 of 2002 arising out of Sabujbag PS. Case No. 27 dated 16-1-2002 pending before the Chief Metropolitan Magistrate so far as it relates to the petitio......uthorize removal for home consumption of any dutiable goods without payment of customs duties thereon. (2) Where any goods are sold under sub-section (1) pending adjudication, appeal, revision or decision of a court, the proceeds of such sale shall be deposited into the Government treasury; and,..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....”For Plaintiff-Petitioners. Shah Md. Khasruzzaman, Advocate—For Opposite Party No. 1. Civil Revision No. 6458 of 2001. Judgment Syed Amirul Islam J.- This Rule is directed against order dated 29-8-2001 passed by the then 4th Subordinate Judge (Now Joint District Judge), Dhaka, in Title......ted the opposite party No.1 vide Memo dated 11-5-1994 to issue a formal permission' clearance to the petitioners for construction of the said hotel. RAJUK in their Board meeting held on 8-6-1997 took decision on the matter and they informed the opposite party No. 5 that they have no objection if the..Category: Civil Law | Date: | Hits: 99
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