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Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)

....lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......nal Kanti Biswas, Advocate - For the Opposite Party No.1 (In both the Civil Revisions). Mahmudul Islam with Nahid Mahtab and Ayesha Morshed, Advocates ‑ For the Petitioner. Md. Idrisur Rahman for Kazi Md. Nurul Amin, Advocate ‑ For the Opposite Party. Civil Revision No.3542 of 1994 with......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......1992; Sonali Bank Vs. Ali Tannery and others, 14 BLD 457; Trimbak Gangadher Telang and another Vs. Ramchandra Ganesh Bhide and others, AIR 1977 (SC) 1222; A B Sarin Vs. BC Patel, AIR 1951 Bom 423. Lawyers Involved: M Moniruzzaman Khan, Advocate - For the Petitioner (In both the Civil Revisions..

Category: Civil Law | Date: | Hits: 171

Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)

....rdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......�tal principles governing the amendment of the pleadings is that all the controversies between the parties as far as possible should be included and multiplicity of the proceedings avoided. Therefore, amendment of pleadings can be be considered if the proposed amendment will in no way change ......rdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ...... S.N. Roy Chowdhury Vs. A. Jabber and others, 1994 BLD 229 = 46 DLR 273; Moyjuddin Mondol Vs. Bena Rani Das and others, 45 DLR 154; M.A. Jahangir and others Vs. Abdul Malek and others, 41 DLR 389. Lawyers Involved: Md. Shakhawat Hossain Bahar, Advocate - For the petitioners. Shasti Sh..

Category: Procedural Law | Date: | Hits: 114

Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)

....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ssed by the learned Sessions Judge, Pirojpur in Session Case No.18 of 1987 convicting the appellant Nos.1-3 under section 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and also to pay a fine of Taka 5000/- in default to suffer rigorous imprisonment for one ......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......tate, 15 B.L.D. (AD) 55; Kadu and others Vs. State, 43 D.L.R. 163; Muslemuddin Vs. Ahmed Ali alias Akku others, 1987 B.C.R. (AD) 85; Taleb alias Talebor and another Vs. State, 1967 P.L.D. (SC) 16. Lawyers Involved: Md. Nizamul Huq, Advocate - For the Appellants. Md. Ibrahim Khalil, As..

Category: Criminal Law | Date: | Hits: 78

Smith Co-Generation (Bangladesh) Private Limited Vs. Bangladesh Power Development Board, 2010, 39 CLC (HCD)

....ned District Judge, Dhaka is vacated. Communicate this Judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261. ......-Opposite Party Judgment June 7, 2010. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XXI Rule 29 An application for staying the execution of a decree till disposal of the pending suit is only attracted when the s......ned District Judge, Dhaka is vacated. Communicate this Judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261. ...... Industries Corporation Vs. Eastern Bank Ltd. and others, 4 BLC 615; Golam Rabbani Khandaker (Md.) and others Vs. Hamida Bewa Shamsul Sheikh and others, 53 DLR 610; 36 DLR (AD) 1; 36 DLR (AD) 179. Lawyers Involved: Abdur Razzaque with Ehsan S. Siddiq, Advocates - For the petitioner. T..

Category: Civil Law | Date: | Hits: 178

Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)

....t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......estion the legality of the Order No.6 dated 11-5-2008 passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Jari Case No.34 of 2008 issuing warrant of arrest against the petitioner for the purpose of civil imprisonment. 2. Material facts necessary for disposal of the Rule, in b......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......sult: The Rule is discharged. Cases Referred to- Rahima Auto Rice Mills Vs. Manager, Pubali Bank Ltd., 60 DLR 313;Sheikh Nazmul Haque Vs. Bangladesh, represented by the Secretary Ministry of Law, 14 BLC 107;Jahangir Chowdhury Vs. Artha Rin Adalat No.1 Chittagong, 61 DLR 167;Anowar Hossain V..

Category: Civil Law | Date: | Hits: 154

Mikasa Enterprise Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....titioner is at liberty to file review application before the Review Committee within 21 days as per provision of the PSI Rules, 2002. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 193. ......r the Respondents. Writ Petition No.10080 of 2010. Judgment SM Emdadul Hoque J.- This Rule was issued calling upon the respondents to show cause as to why the action of the respondents for not releasing/assessing the goods named as Glassware and Tableware (Soup Bowl Set) asper declara......titioner is at liberty to file review application before the Review Committee within 21 days as per provision of the PSI Rules, 2002. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 193. ......……Petitioner Vs. Government of Bangladesh…………………………Respondents Judgment January 1, 2011. Result: The Rule is disposed of with observation and direction. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner. SM Moniruzzaman..

Category: Fiscal/Taxation Law | Date: | Hits: 151

Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)

....liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......r dated 14-3-2007 passed by the Special Tribunal No.5. Chittagong convicting the appellant (sole accused) under section 19A and 19(f) of the Arms Act and sentencing him to suffer rigorousimprisonment for 10 years and 7 years respectively under those sections of law making the sentences to run concur......liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ..

Category: Criminal Law | Date: | Hits: 84

Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)

..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ....... Plaintiffs and contesting Defendants and some of the heirs of contesting Defendants of Suit are Petitioners and Opposite Parties respectively in Civil Revision case. 3. Sketch of requisite datas forming backdrop of Civil Revision Petition may conveniently be presented tersely. 4. Petitioners....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......d, (1942) 319 U.S. 533, Gujt Heluering, Commissioner of International Revenue Vs. John Kehoc, (1939) 309 U.S. 267 and State of New York and others Vs. United States of America (1946) 331 U.S. 284 Lawyers Involved: A.M. Mahbub Uddin with Faysal Hasan Arif, Advocates - For Petitioners. Md. I..

Category: Procedural Law | Date: | Hits: 155

State Vs. Rois Khan and another, 2009, 38 CLC (HCD)

....our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......e learned Metropolitan Additional Sessions Judge, first Court, Dhaka by his Judgment and order dated 7.7.2005 passed in Metropolitan Sessions Case No.683 of 2003. 2. P.W.2, Md. Amjad Hossain, as informant, lodged the F.I.R at 7.20 p.m. of 20.9.1999, of an occurrence happened at 3 p.m. of the sa......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......No.97 of 2005 is rejected. The Criminal Appeal No.2789 of 2005 with Jail Appeal No.733 of 2005 and Jail Appeal No.734 of 2005 are allowed in part with modification of conviction and sentence. Lawyers Involved: Md. Atiur Rahman, Advocate - For the condemned prisoners/appellants. ..

Category: Criminal Law | Date: | Hits: 112

Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)

.... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ......it should not be set aside. 2. Material facts, of the case, briefly, are that the petitioners as plaintiffs filed Title Suit No.14 of 1998 in the Court of Assistant Judge, Kachua, Bagerhat praying for declaration of their title in the suit land and perpetual injunction upon the defendants not to ...... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ......bsolute. Cases Referred to- 29 DLR 9; 6 MLR 6; 35 DLR (AD) 276; 37 DLR (AD) 202Abdul Jabbar Vs. Abdul Aziz, 19 DLR 9; Dhaka City Corporation Vs. Shamsur Rahman, 59 DLR 207; 10 MLR (AD) 100. Lawyers Involved: Md. Humayun Kabir Bulbul, Advocate - For the Petitioners. Nurun Nahar,..

Category: Property Law | Date: | Hits: 100

Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)

....t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......00 passed by the learned Subordinate Judge and Additional Artha Rin Adalat No.2 Dhaka, in Money Suit No.157 of 1999. 2. Facts leading to this appeal are that Agrani Bank brought a money suit for a decree of Tk. 9,59,400 against Islami Bank, on the allegation that the defendant's Islampur br......t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......& Grindlay's Bank Ltd. (1978) 48 Comp. Case 277 (Del); Lloyds Bank Ltd. Vs. Chartered Bank of India, Australia and China Ltd. (1928) 1 KB 40; Brahma PS Chartered Bank, AIR 1956 (Cal) 399. Lawyers Involved: Kazi Nurul Amin, Advocate - For the appellant. Khursheed Jahan, Advoca..

Category: Business or Commercial Law | Date: | Hits: 548

Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)

....nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......ding in the Court of the learned Assistant Sessions Judge, 2nd Court Mymensingh should not be quashed. 2. The opposite party No.2, Apu Mohammad Hossain on 30-3-2005 filed a petition of complaint before the Magistrate, first Class, Mymensingh bringing allegation against the accused petitioner unde......nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......The Rule is discharged. Cases Referred to- Jahid Faisal Vs. Bangladesh, 14 BLC at page 250; Zahid Hossain Vs. State, 61 DLR 386; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16. Lawyers Involved: None appears - For the Petitioner. Nizamul Haque Nazim, Assistant Atto..

Category: Criminal Law | Date: | Hits: 84

Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)

....Certificate of the Petitioners immediately. Considering 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) 498. ......ng of the Rule, respondent No.5 was directed to allow the petitioner to operate their bank account lying with the respondent No.5 subject to normal banking rules and regulations. 2. Facts relevant for the purpose of the present Rule are that, the petitioners have been doing their business of proc......Certificate of the Petitioners immediately. Considering 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) 498. ......orts Vs. Chief Controller of Imports and Exports, 17 DLR (SC) 508; Furtabpar Company Ltd. Vs. Cane Commissioner of Bihar, AIR 1970 (SC) 1896; Mr. Zakir Ahmed Vs. University of 16 DLR (Dhaka), 361. Lawyers Involved: Rafiq‑ul‑Huq with Ahsanul Karim, Advocates - For the Petitioner. M. Fa..

Category: Civil Law | Date: | Hits: 140

Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......ini Shill, the limited heir now in possession. 3. After the death of Lalit Kumar Shill the plaintiff, Amulya and Kumudini jointly sold 0.211/2 acre land from the suit plots, collected money and performed various religious rituals, including, Shradhya ceremony, Brahmin-feast, Chandipath, offering ......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......……………………Defendant-Appellant Vs. Hemanta Kumar Shill………………………Plaintiff-Respondent Judgment September 27, 2010. Result: The appeal is dismissed. Lawyers Involved: Abdul Quayum with Selim Reza Chowdhury, Advocates - For the Appellant. ..

Category: Property Law | Date: | Hits: 107

Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)

....f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......Special District Judge, Court No.1, Rajshahi, rejecting Civil Revision No.15 of 2006 and affirming those of dated 31-1-2006 passed by learned Senior Assistant Judge, Rajshahi rejecting an application for returning plaint of Money Suit No.4 of 2004, suffers from an error of law resulting in an errone......f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......m J Jesmin Ara...........................Petitioner Vs. Md. Abdul Karim.............................Opposite Party Judgment February 11, 2010. Result: The rule is discharged. Lawyers Involved: Md. Salauddin Talukder, Advocate - For the Petitioner, Md. Khairul Ala..

Category: Procedural Law | Date: | Hits: 122

Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)

....2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......udgment and decree dated 24-2-1997 passed by the Subordinate (now Joint District Judge), First Court, Rangpur in Other Appeal No.140 of 1995 should not be set aside. 2. The necessary facts found for disposal of this Rule are simple. The present petitioner as plaintiff filed Other Class Suit No.......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......411; Fazlul Karini Vs. Agrani Bank, 45 DLR 375; Tamser Ali Vs. Md. Nazrul Islam, 55 DLR 151; Nazir Ahmed Vs. Province of East Pakistan, 31 DLR 399; Rupali Bank Ltd. Vs. Md. Arab Ali, 7 BLC (AD) 1. Lawyers Involved: Md. Sajjad Ali Chowdhury, Advocate - For the Petitioner. Syed Humayun ..

Category: Civil Law | Date: | Hits: 144

Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......d by the learned Joint District Judge, First Court, Chittagong, in Other Class Suit No.254 of 2008 appointing receiver in respect of properties described in Kha schedule of the plaint. Facts relevant for disposal of this appeal, in short, are that the sole plaintiff filed the aforesaid other class s......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......ar Ahmed, 36 DLR (AD) 97; Gobinda Narayan Rao Desai Vs. Vallabhrao Narayatao Desai, AIR 1920 Bom 321; Ghulam Zainab Vs. Tnhirn Sultana, PLD 1977 Lah 492; Kamiruddin Vs. Moksed Ali, 49 DLR (AD) 14. Lawyers Involved: AJ Mohammad Ali, Senior Advocate, with Sk. Md. Jahangir, Advocates - For the Ap..

Category: Civil Law | Date: | Hits: 126

Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)

....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......ssain, Security Guard and the petitioner was constituted to weigh firewood supplied by contractors to the Respondent No.2. The petitioner besides his normal duties was selected to be a member of the aforesaid weighment committee and on 28.5.85 as per direction of the Departmental Head he went to the......f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......- Md. Waziullah and another Vs. Secretary, Bangladesh Shipping Corporation and others, 32 DLR 36; Manager, Zeal Bangladesh Sugar Mills Ltd. Vs. Chairman First Labor Court and another, 34 DLR 1. Lawyers Involved: M Bazlur Rahman Talukder, Advocate ‑ For Petitioner (In both the Rules). M..

Category: Labour and Industrial Law | Date: | Hits: 182

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

....t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......er case is that Regulation No.11 of BSRS Employees Service Regulations, 1988 made in exercise of powers under Article 43(1) of the Bangladesh Shilpa Rin Sangstha Order, 1972 (PO 128 of 1972) provides for filling 100% vacancies in the post of Assistant General Manager by promotion from the post of Se......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ...... Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Ajoy Hasia Vs. Khaled Mujib, AIR 1981 (SC) 487; Shafiuddin Ahmed Vs. Bangladesh, 47 DLR 81; Administrative Tribunal Vs. Muklesur Rahman, 36 DLR 71. Lawyers Involved: Amirul Islam with Shafique Ahmed, Advocates - For the Petitioner. Rafiqur Ra..

Category: Employment/Service Law | Date: | Hits: 194

Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)

.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......�…Respondents Judgment November, 1997. Result: The Rule is made absolute. Cases Referred to- K Sadanandan Vs. State of Kerala, AIR 1963 Kerala 59 (V 50 c 18); Mcanliffe Vs. New Bedford, (1892) 155 Mass. 261 at P 220; Bangladesh Vs. Md. Matiar Rahman, 1982 BLD (AD) 109. Lawyer...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......es Referred to- K Sadanandan Vs. State of Kerala, AIR 1963 Kerala 59 (V 50 c 18); Mcanliffe Vs. New Bedford, (1892) 155 Mass. 261 at P 220; Bangladesh Vs. Md. Matiar Rahman, 1982 BLD (AD) 109. Lawyers Involved: Abdur Razzaq, Advocate - For the Petitioner. Bazlur Rahman Chhana, Assistant..

Category: Employment/Service Law | Date: | Hits: 194

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