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Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......f Vs. MV Yue Yang and others………………………..Defendants Judgment July 30, 1996. Result: The applications are rejected. If the Managing Director of the company has no power under the Articles of Association to file a suit on behalf of the company he cannot do so unle........................Plaintiff Vs. MV Yue Yang and others………………………..Defendants Judgment July 30, 1996. Result: The applications are rejected. If the Managing Director of the company has no power under the Articles of Association to file a suit on behalf of the co...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......tences awarded by the Court martial. 8. Mr. Saifuddin Ahmed Chowdhury, learned Advocate appearing on behalf of the respondent No.2 submits that the Civil Aviation Authority has done all within its power in order to bring the responsible persons to book. He points out that the two security personn...... April 28, 2009. Result: The Rule is disposed of. Suo Motu Rule No.03 of 2008. Judgment Md. Imman Ali J.- On 20-4-2008 Manzill Murshid, learned Advocate of the Supreme Court, brought to our notice a news item published in the Financial Express on Saturday, 19-4-2008 wherein it was r......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
..... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......so on a correct and proper analysis of the legal aspect involved in the suit and the findings being a finding of facts are not liable to be disturbed by the High Court Division in exercising of the power under section 115(1) of the Code of Civil Procedure. 26. In the case of Akrab Ali Vs. Zahir...................Petitioner Vs. Government of Bangladesh and others.......................Opposite Parties Judgment January 27, 2009. Result: The Rule is discharged. Cases Referred to- Amirunnessa Vs. Abdul Mannan Howlader, 17 BLD 251 = 1 BLC 183; Hriday Ranjan Dey Vs. Niranjan....... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ..Category: Property Law | Date: | Hits: 76
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......ange Regulation Act etc. complaint should be filed before the Magistrate by the person authorized in this behalf either by the Government or by the Bangladesh Bank and not by lodging any FIR and that too by an authorized person. This apart lodgment of such complaint should be preceded by an opport......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..Category: Criminal Law | Date: | Hits: 109
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......d of 154 Kazi NazrulIslam Road, Sadarghat, Chittagong. On an application, the transfer was mutated and endorsed by respondent No. 1 on 15-10-2005, vide serial Nos. 704 and 705 under the authority and power vested in respondent No. 1 under section 4 read with section 11 of the Marine Fisheries Ordina......) 769. ......earned Deputy Attorney-General has referred to sub-section (1) of section 25 of the Ordinance as under: "Appeal.—(1) Any citizen of Bangladesh aggrieved by an order of refusal by the Director to grant a licence or any person aggrieved by an order of cancellation or suspension of his licence may..Category: Civil Law | Date: | Hits: 124
SM Siddiqur Rahman, Advocate Vs. Anti-Corruption Commission and others, 2011, 40 CLC (HCD)
....he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ......he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ......………Petitioner Vs. Anti-Corruption Commission and others…………………………Respondents Judgment November 27, 2011. Result: The Rule is discharged. Case Referred to- Anti-Corruption Commission Vs. Dr. HBM Iqbal Alamgir, 15 BLC (AD) 45. Lawyers Involved: ......he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ..Category: Procedural Law | Date: | Hits: 104
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
.... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......ixed for pronouncement of Judgment and the matter has been appearing in the list with the name of the learned Advocate for the contesting parties. Though the learned Mr. Serajul Islam Bhuiyan filed power but no one appear on behalf of the opposite party to oppose the Rule. 6. Mr. Lutfor Rahma......…………Petitioners Vs. Sajed Ali Khan and others……………………………Opposite Parties Judgment July 21, 2009. Result: The application is allowed. Cases Referred to- 13 BLD (AD) 277; 11 MLR (AD) 58; 32 DLR (AD) 167; 19 DLR (SC) 433. Lawyers Involved: Lu......2004 and the Order dated 13-8-2005 passed by the Joint District Judge, First Court Dhaka be kept with the record. 2. In an application under section 115(4) of the Code of Civil Procedure leave was granted to examine the legality and propriety of the impugned Judgment and Order passed by the revis..Category: Procedural Law | Date: | Hits: 94
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......The Rule is made absolute. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982), section 3 The law of acquisition gives the Deputy Commissioner the power to acquire property in the likelihood of two situations. First, if the property is needed. Or,......le is made absolute. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982), section 3 The law of acquisition gives the Deputy Commissioner the power to acquire property in the likelihood of two situations. First, if the property is needed. Or, if th......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ..Category: Property Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......uit or application against any order passed or any action taken under this Ordinance, and no injunction shall be granted by any Court in respect of any action taken or to be taken in pursuance of any power conferred by or under this Ordinance." 16. From the section quoted above, it appears that n......azrul Islam Bhtiiyan, Advocate-on-Record—For Respondent Nos. 1(a)-1(e). Not represented—Respondent Nos.2-7. Civil Appeal No.280 of 2010. (From the judgment and decree dated 14th day of October, 2009 passed by the High Court Division in Civil Revision No.3994 of 2007). Judgment Sye......ied with judgment and order dated 14-10-2009 passed by the High Court Division, the appellant moved this Division by filing Civil Petition for Leave to Appeal No.2511 of 2009 in which this Division granted leave on 29-7-2010 resulting in the initiation of Civil Appeal No.280 of 2010. 7. Mr. AFM..Category: Property Law | Date: | Hits: 104
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
..... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......he State………………………………………Opposite Party Judgment August 28, 2008. Result: The Rule is discharged. A Sub-Inspector of Police or an Officer above has inherent power to investigate into an offence in accordance with law and he has also been specially empowered......This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......ake a report of the arrest etc. to his superior officer under section 38 of the said Ain and to send a copy thereof to the Director General. In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also ..Category: Criminal Law | Date: | Hits: 90
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ......couple of days with the name of learned Advocate for opposite party. Today it is taken up for hearing but no one appears to oppose the Rule, although the opposite party entered appearance by filing a power through his learned Advocate Ms. Shirin A. Chowdhury. 8. I have considered the submission o...... Md. Ruhul Quddus J Sharmin Akhter…………………….........................Petitioner Vs. Major (Rtd.) Mahbub Akbar Bhuyian…………………....Opposite Party Judgment October 7, 2012. Result: The Rule is discharged with modification. Lawyers Involved: M. Sh......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 117
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ...... order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......ispose of Election Case No.6 of 2003 as early as possible, preferably within a period of 3 months from the date of the receipt of the order. The learned Election Tribunal is further directed not to grant any adjournment to either of the parties except on very urgent reasons. The office is direc..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......………..(8) The Code of Civil Procedure, 1908 (Act No. V of 1908); Order VII Rule 11 Rejection of plaint Rule 11 of Order VII of the Code of Civil Procedure, 1908, while dealing with the power of Court to reject a plaint, contemplates that still-born suit should be nipped in the bud at ......……………………………Opposite Party Judgment April 19, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision......a in Title Appeal No.184 of 1985 stands set aside/quashed and Judgment dated 15-8-1985 recorded by learned Munsif now Assistant Judge, Sadar, Comilla in Title Suit No.165 of 1985 is restored. Stay granted by this Court stands vacated. Regard being had to the fact and circumstances of the case,..Category: Property Law | Date: | Hits: 69
....nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
...... of Directors felt the necessity of taking resolution on notifying all the Directors of the company. Their further case is that by the resolution dated 7‑1‑95 Executive Director II has not been empowered to issue any cheque in respect of the accounts maintained with the defendant No.1 bank. The ......nts
Vs.
Arab Bangladesh Bank Limited and others………………Respondents
Judgment
May 5, 1998.
Result:
The appeal is allowed.
For holding a valid meeting of the Board of Directors written notice must be given to all the member of the board of directors. If anyone is left out......the case of the contesting defendants that resolution dated 7‑1‑95 was legally taken and it has not violated any of the Articles of the Memorandum and Articles of Association and if injunction is granted this will create problems in the publication of Daily Ittefaq.
4. The case of contesting ..
Category: Company Law | Date: | Hits: 127
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....t to reliefquestions of fact may fall to be determined. In a petition underArticle 226, the High Court has jurisdiction to try issues both offacts and law. Exercise of the Jurisdiction is, it is true,discretionary, but the discretion must be exercised on soundJudicial principles. When the petition r......ladesh was purportedly placed under so-called “Martial Law”, following a purported proclamation to that effect on the same day. One Khandakar Mushtaque Ahmed purportedly took over “all and full powers of the government of the People Republic of Bangladesh.” 5. A succession of actions by t......dents (In all the Writ Petitions) Judgment March 22, 2011. Result: All the Rules that sprang from Writ Petitions no7236/10, 826/11, 1048/11 and 1059/11 are made absolute Cases Referred to- ITO Vs. M/S Seth Brothers(AIR 1970 SC 292); Smt. Guwant Kaur and others Vs. Municipal Committ......matters, to confirm that Taher and forces underhis command had saved Zia’s life that evening. Ifthat were the case, why had he arrested Taherand freed those who had, in fact, detained him. Iwas not granted an interview by Zia. This was notsurprising. The General had other plans and theydid not inc..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......ct to the confirmation of the Government or any public officer. The entire management of the institution would vest in the trustee or manager. If any vacancy occurs in the office of any such trustee, power is given by section 5 to any person interested in the temple or establishment or in the perfor...... Amarbati Natya Mandir........................Plaintiff Vs. State ……………………Respondent Judgment February 4, 2009. Result: The appeal is allowed without any order as to costs. Cases Referred to- Baisnab Das Vs. Nani Gopal, 14 DLR 364; Tulsi Ram Vs. Ramprasanna......ant. Appeal from Original Order No. 74 of 2005. Judgment SK Sinha J. - In this appeal the plaintiff challenged an order of the learned Joint District Judge, 1st Court, Mymensingh refusing to grant leave to the plaintiff to proceed with the suit after recalling the order of abatement of the ..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....0, 2009. Result: The appeal is allowed without any order as to cost. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 34 (2) The power of awarding interest by the Court is a discretionary one and the discretion is to be exercised judiciously and not capriciously..................fendants-Respondents Judgment January 20, 2009. Result: The appeal is allowed without any order as to cost. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 34 (2) The power of awarding interest by the Court is a discretionary one and the discretion is to be exercised......aintiff-Appellant Vs. Orbit Enterprise Ltd and another………………………Defendants-Respondents Judgment January 20, 2009. Result: The appeal is allowed without any order as to cost. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 34 (2) The power of aw......on of Chalna Marine Products Ltd Vs. Reliance Insurance, 50 DLR (AD) 100 wherein the Appellate Division after taking into account section 47B of the Insurance Act, 1938 as amended, which provides for granting of interest on claims, maintained:— "This provision displaces the discretion of the Co..Category: Civil Law | Date: | Hits: 95
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......nts by filing any affidavit in opposition. 6. The Rule was issued back in the year 2009 but Mr. S.M. Moniruzzaman, the learned Attorney-General on the date of pronouncement of Judgment by filing a power opposes the Rule. His bone of contention is that section 37 is an independent section which ...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Abdul Motaleb and others………………………….Petitioners Vs. Customs, Excise and VAT Appellate Tribunal…………………………Respondents Judgment Dece......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......il Procedure for restoration of the suit after setting aside the said decree passed ex parte without any prayer for recovery of possession. 5. Section 7 of the Code of Civil Procedure restricted power of Small Cause Courts constituted under the Small Cause Courts Act, 1887 or to Court exercisin......vides for jurisdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction of the tenant and Small Causes Courts cannot decide title of any party, it has no jurisdiction to pass the decree for recovery of possession if the tenant thrown out of possession of the premises......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......under section 173(2) of The Code. However, even after filing such a report, if he comes into possession further information or material, he need not register a fresh First Information Report; he is empowered to make further investigation, normally with the leave of the Court, and where during furthe......esult: The Criminal Appeal is allowed. Interpretation of judgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem, to follow from it. Every Judgment must be read applicable to the particular facts proved or assumed ......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ..Category: Criminal Law | Date: | Hits: 83
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