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Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ....... Nadira Rahman, to be removed from Mutwalliship and finding the petitioner before the Administrator of Wakfs, namely, Syed Mohammad Amir Hassain be a fit person to the next Mutwalli according to the terms of the Wakf deed, appointed him as Mutwalli in place of Mrs. Nadira Rahman. She was directed t......…………………Opposite Party Judgment May 31, 1983. Result: The rule is made ab­solute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers United Grain & Fodder Agen­cies, 16 DLR (SC) 155. Lawyers Involved: ..

Category: Trust/Waqf Law | Date: | Hits: 124

Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)

....ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ......ging Director of respondent No.1. The petitioner in the normal course of its business engaged respondent No.1 as an agent for selling tickets on commission basis by an agreement dated 2‑11‑85. In terms of the said agreement respondent No.1 was entitled to commission of 9% percent for sale of int...... Vs. Air Route Service Limited, others......................Respondents Judgment June 11, 1995. Result: The company, Air Route Service Limited is hereby wound up with immediate effect and the Official Receiver of the Government is hereby appointed as the Official Liquidator of the af..

Category: Company Law | Date: | Hits: 145

Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)

....oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ......ted 22‑2‑93. 4. Mr. Md. Latifur Rahman, the learned Advocate appearing on behalf of the opposite party No.11(c), on the other hand, submits that the final decree must be in accordance with the terms of the preliminary decree and if the same is found to be not in terms and if there is illegali...... Present: Mahmudul Amin Chowdhury J                         Sabirannessa and others…………………………Petitioners Vs. Kabir Ahmedand others……………..

Category: Procedural Law | Date: | Hits: 112

Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)

....itional District Judge and another for theJoint Registrar, Divisional Co­operative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ......িতি আইন, ২০০১।Because he is a representative of a primary society named উত্তর পাড়া কৃষক সমবায় সমিতি which was for two consecutive terms, represented in the Managing Committee of the GafargoanUCCA, a Central Co­operative Society, ......ivision (Civil Revisional Jurisdiction) Present: Md. Emdadul Huq J     Fakir A Matin..........................Petitioner Vs. Gaosul Azam Bachchu, Vice President and others.......Opposite parties Judgment October 6, 2010. Result: The Rule is made abs..

Category: Others | Date: | Hits: 140

United Edible Oils Limited and another Vs. London Steam Ship Owners Mutual Insurance Association Ltd. and others, 2008, 37 CLC (HCD)

....2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 59. ......ers and between one member and all the other mem­bers. When shipowners enter one of their ships in a P. & I. club there comes into being a policy of marine insurance relating to that ship on the terms of the clubs rules. The rules of most, if not all, P. & I. clubs contain what is commonly ......y Jurisdiction) Present: Syed Refaat Ahmed J United Edible Oils Limited………………………………Plaintiff Vs. The London Steam Ship Owners Mutual Insurance Association Ltd. and others…………………………………Defendants And United Edible Oils Limited…..

Category: Admiralty Law or Maritime Law | Date: | Hits: 512

Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)

....o pro­ceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ...... of damages upon breach of contract for sale of goods is the difference between the contract price and the market price on the date of breach. It is however, open to the parties to exclude any of the terms or conditions which the law attaches to the contracts of sale and create for them­selves any ......t High Court Division (Civil) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J Shawkat Ali Chowdhury...................................Appellant Vs. G. Murshed Reza and others............................Respondents Judgment July 16, 2009 Result: The ap..

Category: Civil Law | Date: | Hits: 200

M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)

....ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......dvocate placing the preliminary decree dated 1.6.97 has contended that the preliminary decree annexure-D was passed by the Adalat in a suit for selling the mortgaged property of the petitioner and in terms of the decree the decree holder bank had to pray to the Court for making preliminary decree as......se is also Reported in: 15 BLT (HCD) (2007) 99. ..

Category: Limitation Law | Date: | Hits: 162

Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......oved as there are too many cases pending against him. Accordingly, he remained on continuous fetters for a period of 33 months from August, 1994 till filing of the writ petition. 5. In view of the terms under which the rule issued we feel it proper to quote the relevant provisions of law of which......cial Original Jurisdiction) Present: Nozrul Islam Chowdhury J Md. Rezaul Haque J Ain-O-Salish Kendro (ASK)………………………………Petitioner Vs. Government of Bangladesh and others……………………………………Respondents Judgment April 19, 26, 27, 200..

Category: Constitutional Law | Date: | Hits: 219

Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)

....cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......In reply, Ms. Kashefa Hossain, the learned Assistant Attorney-General forrespondent No.3 forwarded before us the following arguments: (1) The deed of gift of Haji Md. Abdul Momith was with certain terms and conditions, such as use of the road to be constructed by the Parishad, by his heirs and th......Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ..

Category: Property Law | Date: | Hits: 130

lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)

.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......ace after transfer and not before Transfer. 20. Doctrine of "Waiver" and "Acquiescence" is now looked into. 21. "Waiver" has been stated in Black's Law Dictionary Sixth Edition in the following terms: "The intention or voluntary relinquishment of a known right, or such conduct as warrants a......Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J lqbal Hossain Talukder (Md.)...............................Pre‑emptee‑Petitioner Vs. Md. Joinal Abedin Talukder and 76‑others.............Opposite Parties Judgment August 20, 2002. Result: The Rule ..

Category: Property Law | Date: | Hits: 116

Shafiqul Islam (Md.) & another Vs. Board of Intermediate and Secondary Education, Comilla & others, 2006, 35 CLC (HCD)

....him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 62. ......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......vision (Special Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Shafiqul Islam (Md.) & another…………………Petitioner Vs. Board of Intermediate and Secondary Education, Comilla & others………………Respondents Judgment May 16, 20..

Category: Employment/Service Law | Date: | Hits: 205

Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)

.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ...... aside the award, but almost so in form the mistake made by the party is nothing more than an irregularity which is not such as to entitle the Court to overlook his objections and to pass a decree in terms of the award. 10. On a perusal of the order sheet of the Miscellaneous case it appears that......rted in:49 DLR (HCD) (1997) 335. ..

Category: Alternative Dispute Resolution | Date: | Hits: 606

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

....at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......cheduled land and the parties fixed the current market value at Taka 15,28,000/-; that having been agreed by both the parties, a agreement was executed on 19.12.1990 by the defendants; that under the terms and condition of the agreement dated 19.12.1990, the plaintiff was under an obligation to pay ......ce. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ..

Category: Civil Law | Date: | Hits: 102

Bangladesh Homeopathic Medicine Manufacturers Association Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 590. ......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 590. ......n (Special Original Jurisdiction) Present: Md. Joynul Abedin J AS Mamun J Bangladesh Homeopathic Medicine Manufacturers Association…………….Petitioner Vs. Bangladesh and others................................................................Respondents Judgment ..

Category: Others | Date: | Hits: 341

Ataur Rahman Vs. Secretary, Ministry of Com­munication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others, 1997, 26 CLC (HCD)

....out lawful authority and is of no legal effect. In the facts and circumstances of the case there will not be any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 331. ......erry ghat. Copies of the said Notification published in the newspaper are annexed to the petition and marked as Annexures‑A and A(1). 3. The petitioner spent Taka 2000.00 for purchase of copy of terms and conditions of the tender documents issued for 1994‑1995 applicable for 1996‑1997. Copy......ginal Jurisdiction) Present: Mainur Reza Chowdhury J Md. Iftikhar Rasool J Ataur Rahman……………………………Petitioner Vs. Secretary, Ministry of Com­munication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others………………………………..

Category: Civil Law | Date: | Hits: 178

Lalima Begum and another Vs. Chairman, Court of Settlement, 1st Court, Dhaka and another, 1997, 26 CLC (HCD)

....he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect. Ed. This case is also Reported in:49 DLR (HCD) (1997) 325. ...... 11. It is true that if a property comes within the definition of "Abandoned Properties" as contemplated in Article 2 of President's Order No.16 of 1972, it automatically vests in the Government in terms of Article 4 thereof on the commencement of the said Order. But an abandoned property even in ......This case is also Reported in:49 DLR (HCD) (1997) 325. ..

Category: Property Law | Date: | Hits: 116

Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)

....115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......fendant opposite party No.1 entered appearance in OC Suit No.68 of 1986 and accepted all liabilities in respect of the house and executed a solenama with the plaintiff and the suit was disposed of in terms of the solenama. The terms were that the defendant‑opposite party No.1 would accept all the ......urt High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J KM Hasan J Begum Shamsunnahar Chowdhury...............Petitioner Vs. Md. Masud Jamal and others................Opposite Party Judgment November 23, 1994. Result: The Rule is..

Category: Civil Law | Date: | Hits: 132

State Vs. Abdul Awal, 1983, 12 CLC (HCD)

.... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ......e Government under P.O. No.26 of 1972 on 26.3 72 and after nationalisation the Sonali Bank and its branch offices have fallen under the category of "offices under the Go­vernment'' and therefore, in terms of section 1(6)(i) of the said Act the Sonali Bank is exe­mpted from the purview of the said ......bsp; Government Appeal No.1 of 1980. Judgment Mustafa Kamal J.- This appeal against acquittal raises the point as to whether the nationalised Sonali Bank comes under the purview of the Shops and Establishments Act, 1965 (Act No. VII of 1965), hereinafter referred to as the said Act. 2. T..

Category: Others | Date: | Hits: 163

Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)

....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174....... maintained the order of the trial court regarding of rejection of the application for attachment before judgment. 4. The learned Advocate-on-record appearing for the petitioner submits that in terms of sub-rule 2 of rule 10 of the Code of Civil Procedure, the trial court, if it appears to it ......IFIC Bank Ltd. & Others………….....Respondents Judgment July 30, 2005. Result: The petition is dismissed. Case Referred to: Guhlam Rahman vs. National Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record - F..

Category: Civil Law | Date: | Hits: 122

Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......paid the said amount of money and had been enjoying the lease of the said Canal Toll Station since 1-7-98. 3. A Tender Notification was issued in the ‘Daily Janakantha’ on 20-04-99 stating the terms and conditions for giving licence of Launch Ghats, Coastal Terminal Ghats, Ferry Terminals, Fe......Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Khademul Islam Chowdhury J Akramuzzaman ……………..Petitioner Vs. Government of Bangladesh and others……………..Respondents Judgment December 8, 1999. Result: The Rule is d..

Category: Others | Date: | Hits: 170