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Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)

....Division on such a question of pre-maturity of cause of action. This is reported in 31 DLR (AD) 118. This decision is relating to the pre-maturity of cause of action regarding a pre-emption case. The principle laid down in this case is that if the cause of action is matured during the pendency of th......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. ......Poddar………………..Petitioner Vs. State and another………… Respondents Judgment July 11, 2001. Case Referred To- Abdur Rahman Vs. Maklis Ali as 31 DLR (AD) 118. Lawyers Involved: Ismail Hossain, Advocate—For the Petitioner. Nurul Haque, Advocate—For ..

Category: Criminal Law | Date: | Hits: 35

Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)

....ys a defaulter. 10. Md. Fazlul Karim, learned Advocate for the plaintiff petitioner, referred to the case of Ramijan Ali Ministry Vs. Md. Hedayetullah reported in 31 DLR (AD) 183 wherein the above principle of law has been elaborately discussed and settled. In view of the facts and circumstances ......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. ...... Vs. Ayub Ali Mollah………………………………Opposite Party Judgment February 25, 1998. Case Referred To- Ramijan Ali Ministry Vs. Md. Hedayetullah 31 DLR (AD) 183. Lawyers Involved: Md. Fazlul Karim, Advocate—For the Petitioners. M Rezaul Karim, Advocate..

Category: Tenancy Law | Date: | Hits: 148

Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)

....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. ......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. ......ction) Present: Md. Abdur Rashid J Jebun Nessa Zaman and Others…………………… Petitioners Vs. Hosne Ara Lili…………..Opposite Party Judgment March 16, 2001. Lawyers Involved: Shafique Ahmed with Shahidul Islam, Advocates- For the Petitioners. Jamirud..

Category: Civil Law | Date: | Hits: 82

Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)

....ld that the provi­sions of sections 5 and 6 of the Druto Bichar Tribunal Ain authorizes the Government to transfer the case to a Tribunal for expeditious disposal and such transfer is not hit by the principle of equality before law or equal protection before the law inas­much as the same is applic......e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. .......Petitioner Vs. State and another……………………………...Respondent Judgment November 16, 2009. Case Referred To- Abdul Kader Mirza Vs. Bangladesh, 60 DLR (AD) 185. Lawyers Involved: AKM Shafiqul Alam, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Re..

Category: Criminal Law | Date: | Hits: 34

BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....ntistar Builders Vs. Narayan Khimlal Totame AIR 1990 SC 630; Block Bastuhara Committee AIR 1987 Cal 1251; Olga Tellis Vs. Bombay Municipal Corporation AIR 1986 SC 180. In the above decisions cardinal principle has been laid down to the effect that the right to life which is guaranteed under the cons...... 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....... Tellis Vs. Bombay Municipal Corporation, AIR 1986 SC 180=(1985) 3 SCC 454; Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh, 1999 BLD 488=4 BLC 590 and Kalam Vs. Bangladesh, 2001, BLD 446. Lawyers Involved: Sara Kamal with Md. Idrisur Rahman, Pratikar Chakma and Amatul Karim, Advocates..

Category: Constitutional Law | Date: | Hits: 171

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....y of the judgment. The recorded talk establishes beyond doubt that HM Ershad was frequently talking with the learned judge even prior to the delivery of judgment for reduction of the sentence. The principle of law is that communication with a judge for the purpose of influencing him on the subj......rul Islam to address this issue inasmuch as in the affidavit-in-opposition this question has been agitated by Janakantha and in the course of argument, relying on the Annual Report of Transparency International (Bangladesh), he submitted that various opinion polls, survey and report of Transpare......tances of the case, amount to gross contempt. 157. In a signed article, "The nation must ponder” published in the new edition on March 30, 1983, Lt. General HM Ershad, the than Chief Martial Law Administrator, expressed his views on the role of the Supreme Court. He wrote:……………..

Category: Criminal Law | Date: | Hits: 130

Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)

.... of a sanctioned scheme completely alters the nature of scheme or radically changes it as to render the sanctioned scheme materially different then the modification must be republished on the general principles. 14. From the above decisions it appears to us that there is growing concern for maint......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.   ...... Judgment June 9, 1999. Cases Referred To- Giasuddin vs. Dhaka Municipal Corporations 17 BLD 577=49 DLR 199; Miah Fazal Din vs. Lahore Improvement Trust 21 DLR (SC) 225 (13 & 14). Lawyers Involved: GS Huq with Syed Haider Ali, Advocates-For the Petitioner. AF Hassan Ariff ..

Category: Property Law | Date: | Hits: 55

Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)

....f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ......f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ...... May 16, 2001. Cases Referred To- Moulana Delwar Hossain Saydee Vs. Sudhanshu Shekhar Halder and others, 52 DLR (AD) 20; Nur Hossain Vs. Election Tribunal, Cox’s Bazar, 27 DLR (AD) 117. Lawyers Involved: Mainul Hosein with Md. lqbal Malik and Mozammel Hoque, Advocates — For the P..

Category: Election Law | Date: | Hits: 79

National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)

....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. ......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. ...... Lahore 208; British Airways PLC Vs. Bang Air Services Pvt 47 DLR 544; Union of India Vs. DP Singh, AIR 1961 Patna 228; State of Orissa and others Vs. BC Pasayat and another, AIR 1983 1 Orissa 29. Lawyers Involved: M Enayetur Rahim with Md Shahidul Islam, Advocates—For the Petitioner. Fa..

Category: Alternative Dispute Resolution | Date: | Hits: 186

Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)

....dis deposed that the cargo was booked for the vessel Sargodha but it was not carried by the vessel due to technical reasons. Therefore, considering the evidence both oral and documentary and also the principle as enunciated in the aforesaid ‘four corners’ rule it can be said that the defendants ......e and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......dants Judgment February 20, 2001. Result: The counter-claim is not entertainable and is dismissed. Case Referred to- FFUI Co. Ltd Vs. American President Lines, PLD 1992 (SC) 291. Lawyers Involved: Dr. M. Zahir with AKM Fazlul Haque, Advocates— For the Plaintiff. Muhamma..

Category: Admiralty Law or Maritime Law | Date: | Hits: 214

North South Property Development Ltd. Vs. Secretary, Ministry of Land and another, 1999, 28 CLC (HCD)

....rson whose interest based on legitimate expectation might be affected, If a denial of legitimate expectation in a given case, denial of right guaranteed or biased gross abuse of power or violation of principle of natural justice, the same can be questioned on the well-known grounds attracting Articl......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....... Hong Kong vs NG Yuen Shin (1983) 2 AC629; RV Devon County Council, (1995) 1 All ER 73 held not applicable; Union of India vs Hindustan Development Corporation AIR 1994 (SC) 988 relied (7 & 8) Lawyers Involved: Mrs. Rabeya Bhuiyan with Safiuddin Md. Anisur Rahman Advocates—For the Petit..

Category: Civil Law | Date: | Hits: 92

Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)

....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......d. Abdur Rashid J Narayan Chandra Saha and another ……………..Petitioners Vs. Jatindra Chandra Saha and others………………..Opposite Parties Judgment October 28, 1999. Lawyers Involved: Promila Biswas with Ms Nahid Sultana, Advocates—the Petitioners. M Shamsu..

Category: Procedural Law | Date: | Hits: 66

Abdus Sattar and others Vs. International Finance Investment and Commerce Bank Ltd., 1999, 28 CLC (HCD)

....r Karkhana Ltd., reported in 1 (1992) BC 487. The learned Advocate contends that these two decisions indicate that in Banking transactions Bank-guarantee may be construed cash money and following the principles of law enunciated in these two decisions he submits this Memorandum of Appeal may be acce......) 4. ...... Uttara Bank vs. Macneill Kilburn Ltd and Ors, 1981 BLD (AD) 230=33 DLR (AD) 298; Triveni Engineering Works Ltd and others vs. Belganga Sahakari Sakhar Karkhana Ltd., 1 (1992) BC 487 (3 & 5) Lawyers Involved: Mvi Md Wahidullah with Md Aminul Islam Mondal, Advocates—For the Appellants-..

Category: Banking Law | Date: | Hits: 108

Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)

....nexure-A2) are wholly illegal. He further submitted that names of the petitioner Nos.1 and 2 were included in the said report without giving them any opportunity to be heard and thereby violating the principle of natural justice though by such inclusion they were debarred from getting loan for their......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. ......er Vs. Bangladesh Bank and others …………………………..Respondents Judgment June 2, 1999. Case Referred To- Chandpur Jute Suppliers vs. Subordinate Judge 2 BLC 49 (7) Lawyers Involved: Syed Ishtiaque Ahmed with Rokonuddin Mahmud, Shah Newaz Akand and Adilur Rahman..

Category: Banking Law | Date: | Hits: 121

Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)

..... demands fixing the price of the petitioners product other than the price declared by it duly supported by cost analysis have been made In clear violation of Rule 3(3) of the VAT Rules, 1991 and the principle of natural justice as no hearing was given to the petitioner prior to such fixation of pri......ctory, production planning and management skill of the petitioner it was capable to manufacture coils at the most cheap and competitive price in the world and the petitioner is the only member of the International Mosquito Coil Manufacturers Association. The petitioner being the manufacturer of the ......…………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: The Rule is made absolute Lawyers Involved: MR Hasan, Advocate—For the Petitioners. Md. Bazlur Rahman, Deputy Attorne..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh and others Vs. Md. Jahangir Ali and Another, 2001, 30 CLC (HCD)

....wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365.......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365.......7 BLD (AD) 57; Bangladesh Vs. Suppliers and Building Corporation 1991 BLD 194; Bangladesh Vs. Abdul Wahab 45 DLR 30 and Subash Chandra Chowdhury and others Vs. Government of Bangladesh 46 DLR 663. Lawyers Involved: Sajjad Ali Chowdhury, Assistant Attorney-General-For the Petitioners. Md. Kh..

Category: Procedural Law | Date: | Hits: 88

Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)

....or amendment in order to delay the purpose of the suit. 6. I have perused the impugned order and considered the submission of the learned Advocate for both the parties. It is by now an established principle of law that wrong description of section would not be a bar in allowing proper relief unde......ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......l Jurisdiction) Present: Bijan Kumar Das J Abdur Rahman and others……….Petitioners Vs. Md Shamsul Huq and others…………..Opposite Parties Judgment July 20, 2000. Lawyers Involved: M Enayetur Rahim, Advocate—For the Petitioners. Md. Mahbub Ali, Advocate..

Category: Procedural Law | Date: | Hits: 86

Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)

....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.......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....... Haque J NK Chakravartty J Meghna Petroleum Marketing Co. Ltd. and others……………Appellants Vs. MF Limited and others...............Respondents Judgment May 7, 2001. Lawyers Involved: Md. Abdus Samad, Bar-at-law with Mustafa Adil, Advocates—For the Appellants. ..

Category: Fiscal/Taxation Law | Date: | Hits: 91

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

....r arrived at a cor­rect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......r arrived at a cor­rect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......ra Kumar Sinha J Md. Tariqul Islam……………………………...Petitioner Vs The State ………………………………….........Respondent Judgment November 15, 2009. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam, Advocate-On-..

Category: Criminal Law | Date: | Hits: 56

Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)

....rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ......rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ......Rahman J Md. Muzammel Hossain J Haji Nurul Islam…………………….........Petitioner Vs. Maina Miah and others……………......Respondents Judgment January 13, 2010. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam, Advocate-on-..

Category: Others | Date: | Hits: 74