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Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......y Zinnur Ahmed, Advocate-on-Record - For the Appellants. Ex-parte - Respondent Nos.5 & 6. Civil Appeal No.85 of 1981 Arising out of C.P.S.L.A. No.188 of 1981. On appeal from the judgment and order dated, 3-3-1981 passed by the High Court Division in Civil Revision No.1122 of 1977. Judgme......ide. Ed. This Case is also Reported in: 35 DLR (1983) 51. ...... for partition of the suit property by metes and bounds. It was decreed in preliminary contest on 29.4.1972. Thereafter, the plaintiffs submitted an application for appointment of a pleader commissioner to draw the final decree. A pleader commissioner was appointed on 8.1.1975 to effect partitio..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ...... collapse, the civil administration has become unable to effectively function, wanton corruption at all levels has become permissible part of life causing unbearable sufferings to the people, law and order situation has deteriorated to an alarming state seriously threatening peace, tranquillity, sta......bate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ...... J Chowdhury ATM Masud J Bangladesh & another.............Appellants Vs. Md. Salimullah............Respondent (In Civil Appeal No. 90 of 1981) And Bangladesh………….Petitioner Vs. Hamidul Huq Chowdhury and others..............Respondents (In Civil Petition Nos. ..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......sis of the said ejahar Boalia Police Station Case No.13 dated 13.11.98 was started. 4. After investigation the Investigating Officer submitted charge sheet against the convict appellants. 5. In order to substantiate the allegation against the appellants the prosecution in all examined as many ......end down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......nal No.4, Rajshahi in Special Tribunal Case No.15/99 convicting the appellants under section 25B (2) of the Special Powers Act, 1974 and sentencing each of them to suffer rigorous imprisonment for 1 (one) year and 6 (six) months with a fine of Tk. 1,000/-, in default to suffer rigorous imprisonment ..Category: Criminal Law | Date: | Hits: 68
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......) of the said Act. The assessee on the same date stated that he had “no objection to the proposed rectification under section 30(1)”. 3. The Sales Tax Officer accordingly passed a rectified order on 12-9-62 pointing out that sale of Til oil and Linseed oil amounting to Rs. 1,36,107 adopt......lls……....Appellant Vs. Commissioner of Income Tax…………Respondent Judgment March 13, 1978. Case Referred To- The Commissioner of Income Tax, Dacca Zone Vs. Gulistan Cinema Co. (1976) 28 DLR (AD) 14. Lawyers Involved: C.R. Ali, Advocate, instructed by Abu Bak......: 31 DLR (AD) (1979) 56. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......der Chowdhury J.- This appeal by special leave arises out of a judgment passed by the High Court Division in Civil Revision No. 1177 of 1976 discharging the Rule and upholding the judgment and order of the Subordinate Judge rejecting the prayer of the appellant for hearing of the Miscellaneo......neous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......795; Mathura Vs. Ram, 37 Allahabad, 208; Humani Vs. Azizuddin, 39 Allahabad, 143; 28 CWN 795; Dhonai Vs. Tarak, 12 CLJ 53; Kika Gari Vs. Sufia, AIR 1937 Nagpur, 381; Giridharlal Vs. Deputy-Commissioner, AIR 1929, Oudh, 35; Gazaraj Vs. Swaminath, 39 Allahabad, 13; 51 Calcutta, 715, Sajeda Khatun ..Category: Procedural Law | Date: | Hits: 80
Category: Criminal Law | Date: | Hits: 74
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......er. Mahmuda Begum Advocate-on-Record—For the Respondent Nos.2 and 3. Not Represented—Respondent Nos.1 and 4. Civil Petition for Leave to Appeal No.1173 of 2008. (From the judgment and order dated the 23rd day of September, 2007 passed by the High Court Division in Writ Petition No.17......, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......me Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Chittagong Container Transportation Company...................Petitioner Vs. Bangladesh and others......................................................Respondent..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......rendra Nath Nandi, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For the Appellants. Ex-Parte—the Respondents. Civil Appeal No. 218 of 2003. (From the Judgment and order dated 13-11-2001 passed by the High Court Division in Civil Revision No. 667 of 1993). Judg......ported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......tenancy agreement between the parties stipulated payment of rent within the 7th day of the next month. It is found by all the Courts below that the rent for the month of July, 1982, was sent through money order on 12-8-1982, four days after the stipulated period. 11. The question is whether the d..Category: Tenancy Law | Date: | Hits: 210
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......espondents. First Appeal No. 117 of 1999. Judgment Md. Abdur Rashid J.- This appeal was presented by the appellant, an insurance company incorporated under the Companies Act, 1994 against an order dated 17-2-1999 of the subordinate, 5th Court at Dhaka rejecting its plaint in Title Suit No.3......e, Advocates - For the Appellant. Faruque Ahmed, Advocate - For the Respondents. First Appeal No. 117 of 1999. Judgment Md. Abdur Rashid J.- This appeal was presented by the appellant, an insurance company incorporated under the Companies Act, 1994 against an order dated 17-2-1999 of the......3 in presence of representatives of both the appellant and respondent No.1, found claim valid and asked the appellant to pay claim. Pursuant to the order of the respondent No.3, respondent I started Money Execution No.6 of 1998 for recovery of the insured amount in the above Court. Thereafter, the a..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....y has no power to call the meeting, the notice does not even say who directed the Secretary to call the meeting. Mr. Saifuzzaman Chowdhury, the Senior Vice President, has not challenged any news item published on 6-3-2000, nor has he challenged the authenticity of the photographs that were published......ted as the President pursuant to the Articles of Association on 31-12-1998. His term as the President will continue till the Annual General Meeting following the above election is held pursuant to an order of the High Court Division in Company Matter No.100 of 1998. 4. On an application filed by ......Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......eported in:52 DLR (2000) 659. ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
.... of the Vice Chancellor, the Registrar, in addition to intimation by post under Certificate of posting shall notify the following particulars in two daily newspapers one in English and one in Bengali published from Dhaka. (a)…………………………… (b)…………………………......he Vice Chancellor. (c) It is true that Article 52 of the Dhaka University Order is a bar against the writ petition because it provides for appeal but an appeal under the section is against ‘the order of any officer or authority of the University’ to the Vice Chancellor. But this election pet......sity is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......urt High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Abdul Quddus J Giasuddin Ahmed Chowdhury alias Gias Kamal Chowdhury and others………………Petitioners Vs. Dhaka University and others………………Respondents Judgment July 12, 200..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......from the Bank not from the plaintiff and the policy was issued in favour of the Bank. The Bank was clearly described as the insured in the policy. The plaintiff cannot be held to be as the insured in order to be entitled to sue the insurance company. The suit at the instance of the plaintiff against...... Islam Steel Mills……………Respondents Judgment July 12, 2000. Cases Referred To- United India Insurance Co. Vs. MJK Corporation, [1996] 6 SCC 428; Trang Ice Cold Storage Vs. Amin Fish Farm, 46 DLR 39; Boston Fruit Corporation Vs. British and Foreign Marine Insurance, 1906 AC ......ls were heard together and now, disposed of by this judgment. 2. FA No.353 of 1995 was presented against judgment and decree dated 29-06-95 passed by Subordinate Judge, 2nd Court at Chittagong in Money Suit No.45 of 94 decreeing the suit with cost for Taka 28,03,624.16 together with interest on T..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ...... of the learned Subordinate Judge is liable to be set aside. Accordingly, I set aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......oners. NK Saha - For Opposite Party No.1. Civil Revision Case No.1353 of 1989. Judgment Md. Awlad Ali J.- This Rule arises out of a judgment and decree dated 27-8-1989 passed by the Subordinate Judge, Madanpur in Title Appeal No.46 of 1988 by which the decree of the trial Court in a suit......s Case is also Reported in: 52 DLR (2000) 640. ..Category: Property Law | Date: | Hits: 55
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......as such the plaintiff is entitled to the decree as to realize an amount of Tk. 66,500.00 from the defendant as an compensation for repairing cost. The Court fee paid is sufficient. Hence it is ordered, That the suit be and hereby decreed for an amount of Tk. 66,500.00 in favour of the pla......urisdiction) Present: AFM Abdur Rahman J Bangladesh Inland Water Transport Corporation, a statutory corporation established under Bangladesh Inland Water Transport Corporation Order 1972 having its Head Office at 5, Dilkusha Commercial Area, Police Station Motijheel, Dhaka…...................., Chittagong………Defendant Judgment March 24, 2010. Result: The suit be decreed. Lawyers Involved: J. K. Paul, Advocate with Ms. Aziz Ul-Mawa, Advocate-For the Plaintiff. No one appears-For the defendant. Admiralty Suit No. 01 of 1990. Judgment AFM Abdur Rahman J. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......he prospective decree by the defendant amicably, than to sell the vessel MV CHOSUN HOPE and to apply its proceeds towards decreetal dues of the plaintiff. 3. On 20.7.1997 the plaintiff obtained an order for amendment of the plaint, whereupon the plaintiff inserted further statement of fact that t......: ......o. Private Ltd. Nahar Mansions, 150 Motijheel C.A. Dhaka…........…Plaintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port………......Defendant 3. Owner and persons interested in MV CHOSUN HOPE..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
....the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ...... the Hon’ble High Court Division in Criminal Misc. Case No. 18056 of 2010. Thereafter the said Mustafizar Rahman along with his parents and the victim surrendered before the court below, but by the order dated 8.6.2010 the learned Magistrate took custody to accused Mustafizar Rahman along with the......his rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......eme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Tamima Akhter (Mitu)…………………………………Petitioner Vs. The Deputy Commissioner, Joypurhat and others.…………Opposite parties Judgmen..Category: Criminal Law | Date: | Hits: 57
Md. Saidul Islam and others Vs. State, 2011, 40 CLC (HCD)
....tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ...... 2. The petitioners were brought to the trial under section 302/34 of the Penal Code. The petitioners were arrested on 3.6.2010 and thereafter since their prayer for bail was rejected by the impugned order, they then obtained the instant rule. 3. The learned advocate appearing for the petitioners......irected to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ......ed in: ..Category: Criminal Law | Date: | Hits: 71
Mizanur Rahman Vs. State, 2011, 40 CLC (HCD)
.... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ...... and Amoli Adalat, Dhaka. 2. The petitioner was brought to the trial in a case under section 302/34/307 of the Penal Code. 3. After arrest since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned advocate appearing for the petitioner su...... court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......rt High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Mizanur Rahman ……………………………………………Petitioner Vs. The State………………………………………………………….Opposite ..Category: Criminal Law | Date: | Hits: 67
Gias Uddin Vs. State, 2011, 40 CLC (HCD)
....make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......igation police submitted a charge sheet under section 395/397 of the Penal Code on 09.09.10. 3. The petitioner was arrested on 21.03.2010 and since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned advocate appearing for the petitioner su......t may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......e Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J AKM Zahirul Hoque J Gias Uddin …………………………………….……..Petitioner Vs. The State ………………………………….………….Opposite party Judg..Category: Criminal Law | Date: | Hits: 58
Jamsher Ali Vs. State, 2011, 40 CLC (HCD)
....to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......dicial Magistrate, Pabna. 2. The petitioner was brought to the trial in a case under sections 143/447/323/325/302/34 of the Penal Code. 3. Since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned advocate appearing for the petitioner su...... may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Jamsher Ali …………………………………………………Petitioner Vs. The State……………………………………………………Opposite party ..Category: Criminal Law | Date: | Hits: 63