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Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
.... law can be raised even in the Court of last resort even though not raised before. Moreover the following observation of their Lordships in Trustees of Chittagong Port Vs. Sadharan Bima, 32 DLR 99 is complete answer to the contention of Mr. Mokbul Ahmed "The defendant Port Trust is not even required......ents Judgment January 31, 1989. Result: The appeal is allowed. Cases Referred to- Trustees of Chittagong Port Vs. Sadharan Bima, 32 DLR 99; Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364. Lawyers Involved: M. Fazlul Karim, Advocate - For the appellant. ......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ..Category: Business or Commercial Law | Date: | Hits: 397
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....ion in Writ Petition No.849 of 1988 on 10.7.88. It was perfectly possible on the part of the petitioner to agitate the present question in the previous Writ Petition and was also possible to obtain a complete relief by asking for fresh polls in respect of the present disputed centres as well. He fai...... Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Chowdhury J Abdus Salam.............................Petitioner Vs. The Chief Election Commissioner and others...............................Respondents Judgment March 15, 1989. Result: Th......fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ..Category: Election Law | Date: | Hits: 215
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ya………………………Appellant Vs. The State…………………………Respondent Judgment February 26, 2012. Result: The criminal appeal is dismissed with the alteration and modification. Lawyers Involved: Z. I. Khan Panna with Md. Nurul Islam, Advocates - For the......er, we are not going to consider their evidence as they were hearsay witnesses. 17. This appeal was filed long back in 2004. Till today the appellant has not taken any step to determine his age by proper medical and scientific examination. Therefore, we do not accept the submission of his learned......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 102
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......ur Rahman...........................Opposite Party Judgment February 11, 1990. Result: The rule is discharged. Cases Referred to- Indian General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja Doo, Raja of Khalikote, AIR 1952 (Cat) 508. Lawyers Involved: Asrarul Hossain......ree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or (b) if such person has no property within the local limits of the jurisdiction of the Court which passed the decree sufficient....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...Category: Procedural Law | Date: | Hits: 168
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......eported in: 62 DLR (HCD) (2010) 458....... (Annexure-A-1) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to the this court may seen fit and proper. 2. The relevant facts which are required for disposal of the writ petition are that on 13......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458...Category: Administrative Law | Date: | Hits: 421
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......nt Md. Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and decree dated 10-4-2006 passed by the Joint District Judge, Section Court, Narail in title Appeal.......44 of 2000 reversing those dated 3-4-2000 passed by the Senior Assistant Judge, Narail in Title Suit No.6 of 1992 should not be set aside and/or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 30-7-2006, operation of the impugned Judgment and......land, the derivation of title of the plaintiff-defendant is narrated in the pleading from the stage of CS record as it forms the basis of title. 11. In view of the aforesaid discussion, for proper adjudication, the plaint should be amended by stating the mode of acquisition of title of Zitu Beg r..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....t stating, inter alia, that the defendant No.1 being the owner of the suit property started construction of a residential building thereon in accordance with a plan approved by the DIT, but could not complete the same due to shortage of fund and thereafter entered into an agreement dated 25-2-1997 f......R (HCD) (2010) 449. ......us Appeal No.76 of 1997 affirming those dated 22-3-1997 passed by the Subordinate Judge (now Joint District Judge) should not be set aside and/or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 10-11-1999, operation of the Judgment and decree ......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..Category: Procedural Law | Date: | Hits: 170
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ...... with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......hould not be declared to have been initiated and continued without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper." 2. At the very outset, Mr. Rafique-ul-Huq, learned Advocate for the petitioner, submits ......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ...... Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abdul Kashem......………………Petitioner Vs. University of Chittagong represented by the Vice-Chancellor and others………….Respondents Judgment October 15, 2008. Result: The Rule is made a......concerned section of the University and that there are discrepancy in respect of alphabet of his name and hence he would not return back the same to him. Having failed to get back his said papers and proper remedy the petitioner submitted an application to the respondent No.2 on 9-2-2005 praying for......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......t High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SA Emdadul Hoque J Nur Hossain Miah & others……………..Petitioners Vs. Bangladesh and others……………..Respondents Judgment October 6, 2010. Result: All the Rules a......who appeared to secure the interference of the Court on behalf of fugitives, without ensuing that such persons conform to the judicial orders applicable to them, was not acting in accordance with his proper duty to acting furtherance of justice. 13. In ACC Vs. HBM Iqbal 15 BLC (AD) 44. Justice SK......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ..Category: Criminal Law | Date: | Hits: 107
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ...... Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Ibrahim Khalil and others………………........Petitioners Vs. Mujibur Rahman and others…….................laintiffs filed true copy of the said agreement along with receipts of those documents. Defendant No.2 received a further sum of Tk.700,000/- on 20.10.1999 and Tk.6,25,000/- on 25.11.1999 on granting proper acknowledge receipts and thus defendants received a total sum of Tk.16,25,000/-. On 25.11.199......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Omar Ali Mondal and others…………...............Petitioners Vs. Md. Abdul Hamid and others.....................he petitioners herein as the plaintiffs filed Title Suit No.572 of 1970 in the First Court of the then Munsif, Kushtia for declaration of title. The case of the plaintiffs, in short, is that the suit property measuring 18.15 acres recorded under CS khatian No.622 of Kazihatta mouza originally belong......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 101
Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
....al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Commissioner of Customs, Chittagong…………………Appellant Vs. Tectonics and others……………………Respondents Judgment July 6, 2010. Result: The rule is......e respondents to show cause as to why the delay of 314 days in presenting the Customs appeal should not be condoned and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The respondents imported some motor vehicles from foreign country and the Customs Auth......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ..Category: Procedural Law | Date: | Hits: 111
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ...... High Court Division (Special original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Afifa Sultana……………………Petitioner Vs. Judge, Artha Rin Adalat and others………………………Respondents Judgment January 9, 2011. Result: The r......ed to as the Company). Respondent No.3 Md. Altaf Uddin is the full brother of the petitioner and Managing Director of the Company. Respondent No.3 by misleading the petitioner managed to mortgage her properties fully described in the schedule of the plaint of Title Suit No.45 of 2003. The Company ob......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ..Category: Civil Law | Date: | Hits: 269
Category: Others | Date: | Hits: 167
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441....... Judgment May 12, 1988. Result: Civil Revision No. 561 of 1987 is discharged. Cases Referred to- Ahmedur Rahman Vs. Sk. Mofazzal Hossain, 14 DLR 826; Rafique & others Vs. Siddique and others, 22 DLR 59; Dasarath Vs. Sarat Chandra, 37 CWN 971; Kobbat Ahmed Vs. Abdus Sabur, 25 DLR ......ely, 19, Kakrail P.S. Motijheel, Dhaka of which house Dr. Suraiya Hossain is a tenant and Mrs. Taherunnessa is the landlady and these cases having arisen between the same parties, concerning the same properties, over the same fact and issues, they are disposed of by this one judgment. 4. Facts ......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441...Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....tion in relation to that area shall, until the area is declared to be, or to be included in, a municipality, continue to exercise those functions. This proviso to section 3(1), in our opinion, is the complete answer to the submission of Mr. Hannan. If we read sections 3 and 4 together it appears mat......si issued under Article 102 of the Constitution the respondents were asked to show cause as to why the Notification dated 20.10.88 issued in the Bangladesh Gazette by the respondent No.1 (Annexure E) and the Notification dated 12.12.88 issued by the Election Commission (Annexure H) so far as those......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132...Category: Property Law | Date: | Hits: 108
Category: Business or Commercial Law | Date: | Hits: 290