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Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......ssions of Mr. MH Khandker who drew attention of the Court to the case of Md. Shamsul Huda Vs. Md. Mozammel Huq in which case their Lordship considered the relevant facts and observed in the following terms:— "It is not a question of actual existence of a bias in a judge, but is a question as to......t Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Md. Enamul Haque…………………….Defendant-Petitioner Vs. Md. Ekramul Haque and others…………………..Plaintiff-Opposite Party Judgment January 3, 2011. Resul..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......in a reasonable period the plaintiff instituted the instant Admiralty suit with the prayer for a decree directing the defendants to release/ discharge of 22,428 MT Bulgarian wheat to the plaintiff in terms of the bills of leading, dated 12-9-2010 and letter of credit dated 10-9-2010 and also for a d......Supreme Court High Court Division (Statutory Original Jurisdiction) Present: AFM Rahman J LMJ International Ltd. India…………………………Plaintiffs Vs. MV BK Ace and others…………………………Defendant Judgment December 7, 2010. Result: The..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......n jeopardy. It is well established that mala fide vitiates everything. Mala fide has been defined by the Indian Supreme Court in the decision of the case Jaichand VWO AIR 1967 SC 483 in the following terms: "....mala fide exercise of power does not necessarily imply any moral turpitude as a matte...... (HCD) (2009) 112. ..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......nuation of the instant case against the petitioner is absolutely illegal and thereby instant proceeding is liable to be quashed. He further submits that the Investigating Officer was not appointed in terms of the provision of section 20(2) of the Anti-Corruption Commission Act, 2004 by way of Gaze...... also Reported in: 64 DLR (HCD) (2012) 458. ..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......eated Municipal holding in his name. It was one of the conditions that the lease will be renewed for a further period of 30 years after the expiry of lease period at the same rent and on the same terms and conditions. Subsequently, Haji Ashraf Ali Chowdhury created a Wakfnama Deed some time in......e. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ..Category: Administrative Law | Date: | Hits: 175
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......ate and Secondary Education, Jessore) Terms and Conditions of Service Regulations, 1979. The said regulation was referred to by Mr. Faruque and that is the only regulation provided for regulating the terms and conditions of college teachers including principal of a college. 13. On perusal of the ......rs…………………………Defendant-Opposite party Judgment May 13, 2007. Result: The rule is discharged. Cases Referred to- Alhaj B.N. Khan (Degree) College Vs. Md. A. Rahim and others, 7 BLT (AD) 153; Bijoy Kumar Saha Vs. Deputy Commissioner, Chuadanga and others, 55 DLR 5..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......ection upon respondent No.1-3, Customs authorities for acceptance of the customs duty and penalties as were imposed and demanded on the basis of adjudication order dated 05.11.07 for violation of the terms and conditions of aforesaid notification being SRO No.266 dated 22.08.05. After the aforesaid ......17 Babar Road, Mohammadpur, Dhaka, Permanent address 1/D, 7/17, Mirpur, Dhaka-1612…………………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others…………………Respondents Judgment February 14, 2008. Result: The Rule ..Category: Fiscal/Taxation Law | Date: | Hits: 246
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......deck. From Exhibit F it is evident that the vessel had to undergo repairs at the port of Southampton in respect of damages sustained by the vessel due to bad weather at the Bay of Biscay. 45. The terms and conditions of the contract covering the voyage in question have been set out in the bills ......ng Corporation, 10 DLR 307; Albert David (Bangladesh) Ltd. Vs. Brestern Shipping Company Ltd, 1983 BLD 3 =34 DLR 362; Karachi Steam Navigation Vs. Ebrahim Gani, PLD 1957 (Karachi) 315; Konsumex Vs. Ananda and Co, AIR 1981 Calcutta 298; Chittagong Steamship Corporation Ltd. Vs. Central Insurance Comp..Category: Limitation Law | Date: | Hits: 174
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......al …………………………… The petition is dismissed." 8. In the case of Gazi M Towfic Vs. Agrani Bank reported in 54 DLR (AD) 6, where the principles has been laid down in the following terms: "The law is now settled that since specific provision for appeal has been made against the......Garments (Pvt.) Ltd…………Petitioner Vs. Artha Rin Adalat, Dhaka .......Respondents Judgment April 23, 2008. Result: The Rule is discharged with a cost of Taka 5,000 (five thousand). Application of writ juridiction against the judgment and decree passed by the Artha Rin Ada..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......rit petition involving the same property is not maintainable. In the case reported in 2001 BLD (AD) 59 as cited above, his Lordship Justice Latifur Rahman (as his Lordship then was) observed in clear terms: "That the selfsame property cannot be the subject matter of both writ petitions and the pe...... This Case is also Reported in: 61 DLR (HCD) (2009) 214. ..Category: Property Law | Date: | Hits: 107
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......its President in 1993. The aforesaid Karmachari Samity is the only registered Trade Union of the Karmacharies of the Respondent No.1 and is the only Collective Bargaining Agent of the Karmacharies in terms of Section 22(1) of the Industrial Relations Ordinance, 1969. The petitioner, being as such, p......ecial Original Jurisdiction) Present: Tariq-ul Hakim J Afzal Hossain Ahmed J Md. Shafiqul Islam, son of late Sekendar Ali, village-Uttar Chartha, Police Station Kotwali, District-Comilla and Section Officer (now dismissed), College Section, Board of Intermediate and Secondary Education,..Category: Labour and Industrial Law | Date: | Hits: 2706
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......ust. 48. Exhibit 'Ka' is Uttara Police Station General Diary No. 344 dated 7-4-1997 in respect of assault happening of Shah Alam Babul. Nucleus of contents incorporated in General Diary are in the terms that Sub-Inspector of Police Abdur Rashid Howlader along with his force approached Police Stat......ablishment of charge against accused lies upon prosecution which must prove charge substantially as laid down i.e. to prove to guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evid..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......own." 31. In the case of Md. Ismail Vs. State, reported in 27 DLR (SC) 161 in paragraph 15 it has been observed that the function of the Court is interpretation, not legislation in the following terms:- "15. The purpose of the construction or interpretation of a statutory provision is no do......nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..Category: Criminal Law | Date: | Hits: 84
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......at all. 30. This view has the support from the decision made by their lordship in the privy council in the case of Parsotim Vs. Lal Mohar reported in 58 IA 255 which reads as follows; “By the terms of Order XLI, rule 27 (b), it is only where an appellate Court "requires" it (that is, finds i...... High Court Division (Civil Revisional Jurisdiction) Present: AFM Abdur Rahman J Syed Ghulam Shahriar……………………Pre-emptee-Appellant-Petitioner. Vs. Md. Abdur Mannan and 14 others………………………Pre-emptors-Respondents-Opposite-Parties Judgment Augu..Category: Property Law | Date: | Hits: 88
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......h Court Division
(Special Original Jurisdiction)
Present:
MA Rashid J
Md. Ashfaqul Islam J
Romisa Khanam …………………Petitioners
Vs.
Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respo..
Category: Property Law | Date: | Hits: 120
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......an undivided dwelling house and has a protected right to buy up the share of stranger purchaser…………………………(22) Section 4 of the Partition Act must be construed liberally and the terms should not be taken to mean not only the structure or building but also adjacent building, gar......ate Jurisdiction) Present: Md. Arayes Uddin J SM Emdadul Hoque J Hazi Shamul Alam………………………Appellant Vs. Dr. Ashim Sarkar and others………………………Opposite Parties Judgment August 22, 2006. Result: ..Category: Property Law | Date: | Hits: 132
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......onsideration of circumstantial evidence should be reflected in the ultimate decision.........................(46) The Jahangirnagar University Act, 1973 (Act No. XXXIV of 1973), section 44 The terms 'misconduct' and 'moral turpitude' mentioned in sub-section (3) of section 44 of the Act and d...... 6; 61 DLR (HCD) (2009) 744 ..Category: Employment/Service Law | Date: | Hits: 169
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......assed by the trial Court, is held to be too inadequate and so it is enhanced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......oved A suggestion without being proved by any evidence remains in the realm of suggestion……………10 Evidence of a doctor Generally evidence of a doctor is considered to be independent and more reliable and in case of conflict preference can be given to occular evidence. But this is n..Category: Criminal Law | Date: | Hits: 118
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......ith the defendant Nos.1-3 he by paying higher value purchased the suit land on fresh negotiation within the knowledge of the plaintiff as the plaintiff failed to perform his part of obligation as per terms of the deed of agreement and time being the essence of contract. 13. He further submits tha......BLC (HCD) (2011) 225. ..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......-2-2000 partly decreed the suit for maintenance and dower. However, the learned Additional District Judge, in Family Appeal No.18 of 2000 preferred by the defendant petitioner, modified the decree in terms of the impugned Judgment and order dated 25-02-2008. 4. Earlier a Rule was issued by this C......12, 2011. Result: The Rule is disposed of. The Muslim Family Law Ordinance, 1961 (Ordinance No. VIII of 1961), section 7 Talaq given without sending notice to the Union Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) In the absence of reco..Category: Family Law | Date: | Hits: 246
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