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Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)
....of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the first party‑petitioner under sections 439 and 561A of the Code of Criminal Procedure is for quashing the order dated 17.4.89 passed by the Sessions Judge, Bhola in Criminal Revision No. 16(1) of 1988 setting asi......the bid money on the date of auction and on the prayer of the bidder Magistrate allowed fifteen days' time to pay the balance money and the bid was accepted by the Magistrate on 6.9.88. Thereafter by notice dated 10.9.88 and 12.9.88 the bidder was asked to deposit the balance amount by the receiver.......f 1989 (Barisal), 1356 of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the first party‑petitioner under sections 439 and 561A of the Code of Criminal Procedure is for quashing the order dated 17.4.89 passed by the Sessions Judge, Bhola in Criminal Revision No. 16..Category: Others | Date: | Hits: 172
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....Md. Abdul Jalil J.- This Rule was issued on the application of the petitioner Mr. Rafique‑Ul Huq calling upon the respondents, namely, Bangladesh and others to show cause why Memo. No. Cord/1/36/91 dated 9.10.91 issued by the respondent No.3, the Assistant Director, Immigration and Passports on be......urther been stated in the petition that there is no reason for issuance of the impugned order which was passed without any basis at the instance of some interested persons for collateral purposes. No notice or opportunity of being heard was given to the petitioner before or immediately after passing...... and to be of no legal effect. The said memorandum has been filed by the petitioner as Annexure‑A to the petition. 2. The case of the petitioner is that he is a Senior Advocate of this Court and formally was the Attorney‑General of Bangladesh and he has clients inside and outside the country ..Category: Business or Commercial Law | Date: | Hits: 601
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....us Curiae. Appeal from Original Order No.24 of 1991. Judgment Muhammad Ansar Ali J.- This First Miscellaneous Appeal at the instance of the defendant-appellant is directed against an order dated 26.1,91 passed by Mr. Md. Abdus Samad, Subordinate Judge, Artha Rin Adalat, Rajshahi in Mortga......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......inuddin Ahmed & others, 39 DLR (AD) I; Colquhoun Vs. Brooks, (1889) 14 App. case 493 (496); Canada Sugar Refining Co. Vs. R (1898) AC 735 (741) Lawyers Involved: AKM Asaduzzaman, Advocate‑for the defendant‑Appellant. Nazrul Islam, Advocate‑For the plaintiff-respondent. Sajjad..Category: Civil Law | Date: | Hits: 169
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
.... Civil Revision No.2 of 1984. (In the matter of an application for stay. And in the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting aside the order date 24.08.1983 passed by Munsif 3rd, Court, Comilla in Misc. case No.28/82) Judgment ATM Afza......r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the impugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ......al.379. Lawyers Involved: Faruqe Ahmed, Advocate -For the Petitioner. Sarojendu Roy, Advocate -For the Opposite Party. Civil Revision No.2 of 1984. (In the matter of an application for stay. And in the matter of an application under section 115 of the Code of Civil Procedure, 19..Category: Procedural Law | Date: | Hits: 127
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....used-appellants, namely, (1) Noor Hossain, (2) Ramjan, (3) Chandu, (4) Shibha, (5) Shahin, (6) Habu, (7) Rabi and (8) Ator Ali, is directed against the judgment and order of conviction and sentences, dated 3‑8‑1998, passed by the learned Additional Sessions Judge, Kishorgahj, in Sessions Case No......down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ...... Judge, Kishorgahj, in Sessions Case No.61 of 1994 arising out of GR No.24(2)91 corresponding to Bhairab GRP Thana Case No.2(9)1991, convicting and sentencing them (appellants) to suffer imprisonment for life and to pay a fine of Taka 10,000 each, in default to suffer rigorous imprisonment for one y..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, Advocate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....he instant writ petition:— The respondent No.1 Bangladesh, Election Commission declared the schedule of 9th national parliamentary election on 23-11-2008. The Election Commission also fixed last date of filing nomination paper on 30-11-2008 and scrutiny of nomination papers on 3rd and 4th Decem......g infructuous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ......cause as to why the nomination paper of the respondent No.7 accepted by the Respondent No.1 in Second Appeal in the grab of review should not be declared illegal and without lawful authority. 2. Before issuance of the Rule on 18-12-2008, a vacation Bench of this Division on 11-12-2008 directed th..Category: Election Law | Date: | Hits: 231
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....2005 alleging, inter alia, that the petitioner Messrs Meghna Food Products represented by its Proprietor Md. Noor Jamal had entered into a lease financing agreement being agreement No. PLC/E1-51/2003 dated 06-10-2003 with the complainant Phonix Leasing Company Limited for acquisition of Brand new ca......d on 28-7-2005 to the concerned Bank but the same were dishonoured by the said bank due to insufficient fund. 5. It is further stated that on 2-8-2005 the complainant through its lawyer served a notice under section 138 of the Negotiable Instruments Act wherein they requested the petitioner to ......f 2005 under section 138 of the Negotiable Instruments Act, which is now pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the opposite party No.2, Phoenix Leasing Company Lt..Category: Criminal Law | Date: | Hits: 103
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
....- For the Plaintiff-Respondents. First Appeal No. 300 of 2004. Judgment Obaidul Hassan J.- This appeal is directed at the instance of the defendant-appellants against the judgment and decree dated 25-9-2004 (decree signed on 26-9-2004) passed by the learned Joint District Judge, Court No.1,......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ......in the suit as alternative dispute resolution. 2. The respondent Nos.1 to 7 as plaintiffs instituted Title Suit No.25 of 2004 impleading the appellant as defendant No.35 with other 37 defendants for declaration of title in the suit land described in the schedule of the plaint. 3. It appears ..Category: Alternative Dispute Resolution | Date: | Hits: 227
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
.... Judgment Siddiqur Rahman Miah J.- On an application under section 439 of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party, state to show cause as to why order dated 28-8-2007 passed by the learned Additional Sessions Judge, 2nd Court, Brahmanbaria in Sessions......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......lice station case No.33 dated 16-6-2001 under sections 147/148/149/323/234/326/307/302/114 of the Penal Code rejecting the petitioner's application under section 540 of the Code of Criminal Procedure for re-calling and re-examining the witnesses should not be set aside. 2. The facts relevant to..Category: Procedural Law | Date: | Hits: 129
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
.... First Appeal No. 412 of 2007 and Civil Rule No.773 (F) of 2007. Judgment Sheikh Abdul Awal J.- This appeal at the instance of plaintiff-appellant is directed against the judgment and decree dated 15-11-2007 (decree signed on 20-11-2007) passed by the learned Joint District Judge, 3rd Court...... of the contract within a reasonable time. 23. Furthermore, the materials on record do not suggest that the intention of the plaintiff-appellant was honest or sincere inasmuch as we have already I noticed that in this case the plaintiff-appellant without offering the balance amount as per terms b......-11-2007 (decree signed on 20-11-2007) passed by the learned Joint District Judge, 3rd Court, Chittagong in Other Suit No.16 of 2000 dismissing the suit. 2. Material facts of the case as necessary for the disposal of the appeal are that the appellant as plaintiff filed the aforesaid suit being Ot..Category: Property Law | Date: | Hits: 105
....it Petition No.116 of 1985.
Judgment
Sultan Hossain Khan J.- This Rule under Article 102 of the Constitution as revived is directed against an order passed by respondent No.1 conveyed in letter dated 06.02.1985 refusing to transfer/disinvest Purbachal Jute Industries Ltd. in favour of the pe......letter dated 06.02.1985 refusing to transfer/disinvest Purbachal Jute Industries Ltd. in favour of the petitioners and for a direction to transfer/disinvest the aforesaid industry in terms of the notice dated 27.09.1982 their favour.
2. The petitioner Nos.1 and 2, and petitioner Nos.3, 4 an...... as revived is directed against an order passed by respondent No.1 conveyed in letter dated 06.02.1985 refusing to transfer/disinvest Purbachal Jute Industries Ltd. in favour of the petitioners and for a direction to transfer/disinvest the aforesaid industry in terms of the notice dated 27.09.19..
Category: Company Law | Date: | Hits: 162
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....ul Kabir, Advocates -For the Opposite Party. Civil Revision No.1899 of 1981. Judgment Md. Altaf Hossain J. - In this application under section 115(1) of the Code of Civil Procedure, an order dated 25.08.1981 passed by the Additional District Judge, 1st Court, Chittagong in Miscellaneous App......out so as to attract the revisional jurisdiction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119....... Khan as plaintiff instituted Title Suit No.116 of 1974 on 13.09.1974 in the Court of Subordinate Judge, 3rd Court, Chittagong against the petitioner defendant No.1 and opposite parties 2 and 3 pro-forma respondents defendant for specific performance of contract of sale and other reliefs. The su..Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....ure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistrate, Jessore arising out of Jessore Sadar, D.A.B. G.R.No.16 of 1982 and Kotwali P.S. Case No.25 dated 12.06.1982 under sections 468/419/420/471 and read with section 109 of the Penal Code. 2. F......tition suit against her brother, the executor of the alleged Bainanama and others is the Court of Munsif 2nd Court Jhenidah that the defendant namely her brother and all others coshearers in spite of notice did not appear and on 09.12.1975 the partition suit was decreed ex-parte. It was objected to ......sain, Advocate -For the State. Criminal Revision No.11 of 1983. Judgment Anwarul Huque Chowdhury J. - This Rule arises out an application under section 561A of the Code of Criminal Procedure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistr..Category: Criminal Law | Date: | Hits: 117
Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)
....to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......on the petitioner-respondent No.2 in each case also prayed for staying of the operation of the orders of transfer till disposal of their cases pending in the Labour Court. The Labour Court issued a notice as to why the impugned orders of transfer should not be stayed till disposal of the I.R.O cas......ance Cases (hereinafter referred to as I.R.O. Cases) by the 1st Labour Court, Dhaka, directing the opposite-party to stay the operation of the orders of transfer issued by them until disposal of the aforesaid I.R.O. Cases Since common questions of fact and law are involved in these four Rules we hav..Category: Labour and Industrial Law | Date: | Hits: 147
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....spondent No.1. Appeal from Original Decree No. 122 of 1992. Judgment Md. Tafazzul Islam J.-This appeal, at the instance of the plaintiff appellant is directed against the judgment and decree dated 24‑3‑92 passed by the learned Subordinate Judge, Additional Court, Narayanganj in Title Su......ng the defendant No.1 from transferring the suit land to others or dispossess the plaintiff from the suit land or disturb the peaceful possession of the plaintiff in the suit land and then show cause notice having been issued the defendant No.1 duly appeared in the said suit and on 23‑2‑89 she p......gainst the judgment and decree dated 24‑3‑92 passed by the learned Subordinate Judge, Additional Court, Narayanganj in Title Suit No.40 of 1991 dismissing the suit. 2. The plaintiff filed the aforesaid suit praying for specific performance of contract stating, inter alia, that the defendant N..Category: Property Law | Date: | Hits: 104
....etitioner depositing of Taka 1,00,000 as security money. Considering the application the respondent No.1 issued an allotment letter in favour of the petitioner vide its Memo No. RAJUK /Estate/40/Stha dated 11-1-2007 (Annexure-A) asking him to fulfill the conditions laid down there within 31-1-2007 p......ent to the respondent No.1, RAJUK to get his final allotment letter (“চুড়ান্ত বরাদ্দপত্র”) but of no effect. Finding no other alternative the petitioner issued a notice demanding justice upon the respondent on 11-8-08 and ultimately filed this writ petition and ......ecretary to the Government of People's Republic of Bangladesh and banking such post in pursuance of the advertisement in the Daily Newspaper on 1-4-2004, the petitioner applied to the respondent No.1 for allotment of a plot for 5(five) kathas in extended Uttara 3rd phase Residential Area, Dhaka peti..
Category: Property Law | Date: | Hits: 115
Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)
....09 Rule was issued on an application for revision made by the defendant No.3 (petitioner herein) under section 115(1) of the Code of Civil Procedure (shortly, the Code) against the judgment and order dated 23-4-2009 passed by the learned Joint District Judge and Artha Rin Adalat No.3, Dhaka in Artha......ime. The plaintiff bank on various occasions sent several reminders requesting defendant No.1 to adjust the outstanding liabilities but he failed to do so. Thereafter, the plaintiff bank served legal notice upon defendant No.1 company requesting the company to adjust the outstanding dues within (f......re heard analogously and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In Civil Revision No.1919 of 2009 Rule was issued on an application for revision made by the defendant No.3 (petitioner herein) under section 115(1) of the Code of Civi..Category: Procedural Law | Date: | Hits: 121
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....s (In both the Revisions). Civil Revision No.3814 of 2006 with 4743 of 2007. Judgment Miftah Uddin Choudhury J.- The above numbered 2(two) revisions arise out of the same judgment and decree dated 13-2-2006, passed by the Joint District Judge, Additional Court, Sylhet, in Title Appeal No.72......in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ......erties Ltd. Vs. Bangladesh, 11 BLD 523 = 44 DLR 308. Lawyers Involved: Ibrahim Mollah with Alamgir Hossain, Advocates - For the Petitioners (In Civil Revision No. 3814 of 2006. Ekramul Hoque for Shafquat Hussain - For the Petitioner (In Civil Revision No. 4743 of 2007). SH Md. Nurul Huda..Category: Property Law | Date: | Hits: 97
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....cate ‑For the State. Criminal Appeal No.23 of 1988. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of Dalilur Rahman and 10 other convicts is directed against judgment dated 13.4.88 passed by the Sessions Judge, Comilla in Sessions Trial No. 29 of 1987 convicting all ......o the house of his father‑in‑law. But no immediate motive or cause of assault was alleged or proved by the prosecution without which no such occurrence could take place. 17. We have already noticed that the occurrence took place on 29.10.86 and the written FIR Ext. 1 signed by the informan......13.4.88 passed by the Sessions Judge, Comilla in Sessions Trial No. 29 of 1987 convicting all the appellants under sections 302/34 of Bangladesh Penal Code and sentencing each of them to imprisonment for life. 2. Prosecution case, inter alia, is that on 29.10.86 Wednesday at about 12‑00 AM n..Category: Criminal Law | Date: | Hits: 148
Golam Nasir Vs. Abdul Aziz, 1986, 15 CLC (HCD)
....he State. Criminal Appeal No. 54 of 1982. Judgment AM Mahmadur Rahman J. - This appeal under sections 417 and 418 of the Code of Criminal Procedure is directed against the older of acquittal dated 07.10.1982 passed by the Sub-divisional Magistrate, Barguna in C.R. Case No.7 of 1982. 2. T......f 1982 in accordance with law. Let the records of the Court below be sent down at once. Syed Misbahuddin Hossain J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 103. ......and 418 of the Code of Criminal Procedure is directed against the older of acquittal dated 07.10.1982 passed by the Sub-divisional Magistrate, Barguna in C.R. Case No.7 of 1982. 2. The appellant before us filed a petition of complaint is the Court of Sub-divisional Magistrate, Barguna on 01.01.19..Category: Criminal Law | Date: | Hits: 123
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