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Shah Alam (Md.) Vs. Bangladesh Water DeveÂlopment Board, 2012, 41 CLC (HCD)
.... Change alignment of the respective design and for that, quantum of work was enhanced; from 30-4-1988 plaintiff started his work according to the aforesaid work Order being No.834 dated 24-3-1988 and completed 9% of work which is evident by the progress report dated 26-3-1989 prepared by Sub-Divisio......d. Al-Akram (Badal), 46 DLR 122; Bangladesh Water Development Board Vs. Progati Prakaushali, 49 DLR 335; Haji Amir Bux Vs. Sono Khan, PLD 1979 Karachi 45; Bangladesh Water Development Board Vs. Nasim and Brother, 1988 BLD 369; Mol Enterprises Inc. Vs. Government of the People's Republic of Banglades......t an award has been made after the issue of an order by the Court superÂseding the arbitration or after arbitraÂtion proceedings have become invalid under section 35; c) that an award has been improperly proÂcured or is otherwise invalid." 13. If any party wants to set aside an award he mus......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......……..Petitioner Vs. Shahabuddin Ahmed……………………Opposite-Parties Judgment March 14, 2012. Result: The rule is made absolute. Case Referred to- Babul Chowdhury and others Vs. Reba Rani Saha and othÂers, 15 BLD 644. Lawyers Involved: Md. Khurshid Alam Kh......ittagong, in Misc, Case No.404 of 2004 allowing the said case under Order XXI Rule 58 of the Code of Civil Procedure, should not be set aside or such other order passed as this Court may seem fit and proper. 2. The relevant facts necessary for disposal of the rule are that the petitioner, namely ......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....as illegal and without jurisdiction hence be set aside and the original proceeding drawn up by the Magistrate be restored and the order of attachÂment passed earlier be continued till the inquiry is completed by the Magistrate under the provision of law. 5. Mr. M.A. Sattar, the learned Advocate ......itioner Vs. Entaj Sheik & others………………………………Opposite parties Judgment May 19, 1983. Result: The Rule is discharged. Cases Referred to- Aran Sardar and ors. Vs. Hara Sundar Majumdar and ors., 27 Calcutta Weekly Note (C.W.N.) at page 171. Lawyers......dge allowed the application by setting aside the order dated 15.10.82 passed by the Magistrate in Miscellaneous Case No.152 of 1976 on the ground that the Magistrate did not find before attaching the property and before drawing up proceeding under the Second proviso to subÂsection (4) of section 14......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ..Category: Criminal Law | Date: | Hits: 88
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......Govt. of West Pakistan, 19 DLR (SC) 403; Baqui Baloch, 20 DLR (SC) 249; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Md. Makhlesur Rahman Vs State, 28 DLR 172; Md. Anwar Hossain Vs. Govt. of Bangladesh and others, 30 DLR 423; Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1......med now being, detained in the Chittagong Jail should not be declared illegal and why he should not be set at liberty or such other or further order or orders passed as to this Court may seem fit and proper. 2. The detenue Jamaluddin Ahmed alias Jamal Ahmed is the husband of petitioner Sultana Ar......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: | Hits: 78
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....rit jurisdiction. 18. We have studied the decisions as referred to by the learned Advocate for the petitioner to the best of our ability. The facts and circumstances of those referred to cases are completely distinguishÂable and those decisions have no manner of applicaÂtion in the instant case......nts Judgment August 4, 2010. Result: The Rule is discharged. Case Referred to- Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory, 51 DLR 323; Burma Eastern Ltd. Vs. Burma Eastern Employees Union, 18 DLR 709; Shaf......lementary affidavit-in-6pposition contending, inter alia, that the suit was not barred by limitation under section 46 of the Ain; that the suit was filed within the period of limitation and there was proper cause of action for filing of the suit and the learned Judge of the Adalat in consideration o...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..Category: Civil Law | Date: | Hits: 176
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacatÂed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......t High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Nuruzzaman J Muslim Uddin……………………………Petitioner Vs. Bangladesh and others……………………………..Respondents Judgment August 8, 2011. Result: ...... No.3 (Annexure-13) should not be declared to have been issued withÂout lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Along with the Rule the petitioner also obtained an order of stay of the operation of ....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacatÂed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ..Category: Administrative Law | Date: | Hits: 455
Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
....l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......ivision (Criminal) Present: Sharif Uddin Chaklader J Sheikh Abdul Awal J Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury……………Accused-petitioner Vs. The State and another……………Opposite parties Judgment December 12, 2006. Result: The Rule...... Penal Code now pending in the Court of learned Magistrate, 1st Class, 'Ka' Anchal, Chuadanga should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts, in short, are that on 19.10.2003 one Solaiman Haque Joardar as complainant (opp......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ..Category: Criminal Law | Date: | Hits: 81
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......isdiction) Present: Fazle Hussain MohamÂmad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others…………………………………………Petitioner Vs. The State and others……………………………………Opposite Party Judgment January 12, 1986. ......4/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years should not be set aside or such other or further order or orders pasted as to this Court may see fit and proper. 2. Respondent No.2 Dr. Mriganka Ranjan Barua as informant lodged F.I.R. at P.S. Mirsarai ......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: | Hits: 103
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....upreme Court. According to that standard the circumstances relied upon in support of the conviction must be fully established and the chain of evidence furnished by those circumstances must be so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the......ase is also Reported in: 14 MLR (HCD) (2009) 181. ......4 of the Penal Code. 14. In the face of argument advanced by the learned Advocates of contending parties, we are now called upon to scrutinize the material evidence on record in order to come to a proper decision in this appeal. 15. There is no denying of the fact that the deceased Mostafizur ......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....titioner No.7001 of 2001 challenging the Memo dated 2-12-2001. On 8-1-2002, the said Writ Petition was disÂposed of by the Hon'ble High Court Division with a direction to the concerned parties to complete inspection and measurement within two months. Thereafter, the LA Officer from 27-5-2002 - 6......Reported in: 16 BLC (HCD) (2011) 327. ......eady been held that the Writ petition is maintainable thus the decision 29 DLR (SC) 185 regarding entitlement of filing of Writ petition by a Shareholder who has no direct proprietary interest in the property of the company is redundant……………(23) The Acquisition and Requisition of Immova......sÂsion of the learned advocate for the applicant, the applicant is a necessary and proper party in the above matter. The learned advocate for the applicant in case we are of the view that for proper adjudication of the case the applicant should be impleaded as petitioner as he has interest in the c..Category: Civil Law | Date: | Hits: 170
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......r Vs. State………………………….Opposite Party Judgment March 2, 2010. Result: The rule is discharged. The Code of Criminal Procedure, 1898 (V of 1898); sections 173 and 561A A 'naraji petition' which is not signed by the attorney of the complainant or by the com...... of the Penal Code pending before the Court of learned Chief Metropolitan Magistrate, Dhaka should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The accused petitioner filed a petition for anticipatory bail before the Honorable Hig...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ..Category: Criminal Law | Date: | Hits: 124
Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
....t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ......Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Abul Hossain……………………Petitioner Vs. National Board of Revenue and others………………………Respondents Judgment April 8, 2012. Result: The Ru......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ......s. Writ Petition No.2857 of 2012. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner Abul Hossain this Rule was issued calling upon the respondents to show cause as to why the adjudication of the Atok Case No.18 of 2001 dated 27-2-2001 arising out of Atok Customs Detention Me..Category: Fiscal/Taxation Law | Date: | Hits: 177
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......r Vs. State…………………Opposite Party Judgment May 18, 2010. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Sections 145(4) and 146 Order of appointment of a receiver For passing an order to appoint a receiver, the Mag...... in possession. Then he shall, at first, pass an order of attachment as per section 146(2) of the Code. Next he can pass an order to appoint a receiver………………(16) Order of attachment of property At the stage of the enquiry initiated by calling for the written statement for both the ......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ..Category: Criminal Law | Date: | Hits: 105
.... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
......
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
...... and has been heard finally decided by such court…………………………….(17)
Where it has been found that the ultimate result of the suit is as clear as day light, such a suit should be properly buried at its inception, so that no further time is lost in a fruitless litigation. The pla...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......the Appellate Division Order on Civil Petition for Leave to Appeal here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Abdul Jabbar Bhuiyan and others………………….Defendant-Respondent-Petitioners Vs. Kulsum Banu Bibi and othe......laintiffs-opposite parties, in brief, are that Pandit Chandra Rudra Paul and Swarup Chandra Paul were original owners of the suit land of schedule No.1 and while they were possessing and enjoying the property Kushai Chandra Das and Aswini Kumar Das purchased the same from them and became the owner a......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ..Category: Property Law | Date: | Hits: 112
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....d out that all due clearance was obtained, including clearance from the Customs authority for beaching the vessel. The learned advocate submitted that 60-70% of the dismantling of the vessel has been completed and, therefore, the purpose of the Rule, so far as it relates to dismantling the vessel, h......0 of 2008. Judgment Md. Imman Ali J.- The subject matter of the instant application is the import of an oil tanker plying under various names, including Atlantia, New Atlantia, Ocean Enterprise and lastly M.T. Enterprise (IMO No.7709136). The vessel was imported by M/S. Madina Enterprise (resp......ed 10.09.2008 the Rule in Writ Petition No.6262 of 2008 was discharged giving the respondent No.17, the 'liberty to deal with the ship in question in accordance with law in any manner as deem fit and proper.' 6. Thereafter, the instant petition was filed on 14.09.2008 and after hearing a Rule Nis......o withdraw the impugned letter dated 13.8.2008 which the learned Deputy Attorney General undertakes to communicate within 24 hours, we find merit in the application. As such there is nothing left for adjudication on merit of the Rule. Accordingly, the Rule is discharged subject to withdrawal of t..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......hahidul Karim J Jahirul Haque…………………………….Appellant Vs. State………………………………Respondent Judgment December 15, 2011. Result: The appeal stands disÂmissed. Cases Referred to- State Vs. Hasen Ali, 4 MLR 287 = 4 BLC 582; State Vs. Bad......t Burichang PS under Comilla District along with her elder son Imran aged about 16 years and daughter Asha Akhter aged 4 years on the advice of her uncle to have a discussion relating to her paternal property. But due to traffic jam she reached at Burichang Bazar at about 22-15 hours wherefrom she h......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ...... 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the eviÂdence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the case…………………(41) Cases Referred to Aslam Jahangir Vs. S...... the place of occurrence, prepared the sketch map and index. He proved the sketch map and index of the place of occurrence as exhibit-3, his signature in it Exhibit-3/1. He further deposed that after proper investigation he submitted the charge-sheet. 29. In cross-examination he stated that he we......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ..Category: Criminal Law | Date: | Hits: 99
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
.... 22. 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: 14 MLR (HCD) (2009) 427. ......¦â€¦.Petitioner Vs. Ms. Moslema Khatun……………………………..Opposite party Judgment November 30, 2008. Result: The Rule is discharged. Case Referred to- Akrab Ali and others Vs Zahiruddm Kari and others, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD) 57; 19 BLD (AD)......5. It further transpires to me that the findings arrived at by the Court of appeal below having rested upon consideration and discussions of evidence and materials on record and also on a correct and proper analysis of the legal aspects involved in the case and the findings being a finding of facts ...... 22. 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: 14 MLR (HCD) (2009) 427. ..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....words in a statute are clear and unambiguous they should be construed according to their tenor and meaning for that reflects the intent and purpose of a legislation. It is only where the meaning is incomplete or ambiguous, it is possible to construe it in a way to remove absurdity so as to give effe......ourt High Court Division (Special Original Jurisdiction) Present: Mamnoon Rahman J STX Corporation Ltd………………………Petitioner Vs. Meghna Group of Industries Limited and others…………………………Respondents Judgment January 1, 2011. Result: Th......bitration Act of 2001 (hereÂinafter referred to as Act of 2001) praying for interÂim relief by way of injunction restraining the respondents No.3-4 from transferring/selling or disÂposing of their properties mentioned in the schedule of the application pending disposal of the ArbitraÂtion procee....... Accordingly, the application under secÂtion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..Category: Alternative Dispute Resolution | Date: | Hits: 506
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