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Additional Deputy Commi­ssioner (Revenue) Dhaka Vs. Md. Mostafa Ali Mridha and others, 1993, 22 CLC (HCD)

....re hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ......ld not say whether the property was enlisted in the cause list of vested and non‑resident property. He stated that the Ext.-B is the death certificate of Ram Chandra Paul. He was not present at the time of hearing of the proceeding of correction of record of rights. RS record stood in the name of ......nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ......nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ..

Category: Property Law | Date: | Hits: 134

Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)

....ise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ...... to the Court of Subordinate Judge, Noakhali. Let an order of this Court be sent down to the Court of Subordinate Judge, Noakhali to dispose of the Execution Case No.1 of 1993 within the specified time allowed by the Court. Application filed under section 24 CPC read with section 151 CPC disposed...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ..

Category: Civil Law | Date: | Hits: 157

Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)

.... Special Reference No.1 of 1964, 1965 (SC) 745; Sir Edward Snelson Vs. The Judges of the High Court of West Pakistan, 16 DLR 535 (SC). Lawyers Involved: Dr. Rafiqur Rahman with ML Bhowmik, Advocates ‑ For Contemner No.1. KZ Alam with Fida Kamal, Advocates ‑ For the Contemners 2 & 3. ...... present in Court personally. On April 4, 1995, Mr. Serajul Huq, Assistant Attorney‑General appeared for the petitioners. Thereafter, on the prayer of the learned Advocates hearing of the Rule from time to time was adjourned and on all adjourned dates all the contemners were present in Court. On J......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..

Category: Criminal Law | Date: | Hits: 149

Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)

....t High Court Division (Criminal Revisional Jurisdiction) Present: Kazi Ebadul Hoque J Muhammad Abdul Mannan J Shahidullah Kazi, Amjad Hossain.................Petitioner Vs. State, Abul Kasem...............Opposite Parties Judgment August 24, 1995. Result: The Rul......ted within 30 days of lodging of the FIR as required under section 15 of the Santrash Mulak Aparad Daman Ain and the same was submitted beyond the period of 30 days without obtaining any extension of time from the tribunal as required as under sub-section (2) of section 15 of the said law. It has al......Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ..

Category: Criminal Law | Date: | Hits: 97

Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)

.... This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......gher authorities of the Government effective steps could not be taken regarding the allegations against the complainant and the matter was under review and necessary measures would be taken in proper time. Except the above no further comment has been made against the complaint in the said report. ......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ..

Category: Criminal Law | Date: | Hits: 125

Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)

.... in: 48 DLR (HCD) (1996) 175. ...... pre-emptors were not co-sharer and the case land being homestead is not agricultural in nature, the case is bad for non-joinder of necessary parties. Both the Courts found that the case was filed in time and that the preemptors were co‑shayers and there was no defect of parties and also they have......nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ..

Category: Property Law | Date: | Hits: 106

Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)

....Vs. Shah Iqbal Ahsan and others………………………opposite Parties Judgment July 19, 1995. Result: The Rule is discharged. Case Referred to- Khan Sahib Khan Muhammad Saadat Ali Khan Vs. Administrator of the City Corporation of Lahore, PLD 190 (Lahore) 541. Lawyers In.......93 praying for vacating the order dated 25.8.93 with further prayer for trial of the suit by the 1st Court of Assistant Judge in which the suit was pending. The said Court on the finding that at the time of filing of the suit the suit premises was situated within the jurisdiction of the 1st Court o......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ..

Category: Procedural Law | Date: | Hits: 125

Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)

....: The Rule is made absolute. Cases Referred to- Shamsuzzoha Nurul Amin Vs. Province of East Pakistan, 22 DLR 377; Md. Newjish Khan Vs. Md. Amin, 21 PLD 622; Md. Amin Khan Vs. Controller of State Duty, 13 DLR (SC) 105; Dr. Neelima Ibrahim Vs. People's Republic of Bangladesh, 32 DLR 201; Dr. ...... 96 of the Act; do before filing of the pre‑emption case against the opposite party 1 she had already gifted ft case land validly and legally to her husband opposite party No.2 and, as such, at the time of filing of the pre‑emption case, the opposite party 1 had not saleable or transferable inte......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ..

Category: Property Law | Date: | Hits: 127

Momshad Reza and 15 others Vs. Chairman, Bangladesh Public Administration Training Centre and others, 1998, 27 CLC (HCD)

....High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Abdul Quddus J Momshad Reza and 15 others……..Petitioners Vs. Chairman, Bangladesh Public Administration Training Centre and others…………….. Respondents Judgment November 18, 1998. C......t on 24-1-91 and he was promoted as Steno Typist on 31-7-94. But suddenly his service was terminated vide impugned order dated 17-8-97 (Annexure-A). He filed a petition of appeal under Rule 44 within time but nothing was done by the authority. 4. Abu Bakar Siddique petitioner of Writ Petition 978......olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 376.......olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 376...

Category: Employment/Service Law | Date: | Hits: 160

Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)

....t will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373.......ness. 11. In this case, we find that the occurrence took place in broad day light and it is crystal clear that this P.W.2 and Mahbubur Rahman the deceased were smoking sitting together and at that time the condemned prisoner Shahjahan came with a dao in hand and hurled the dao blow on the back si...... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373....... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373...

Category: Criminal Law | Date: | Hits: 130

Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)

.... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Hassan Ameen J Nazrul Islam and others.……………………….Petitioners Vs. State………………….. Opposite Party Judgment April 25, 1999. Result: The Rule is d......amended by inserting section 5A by giving reference to the provisions of sub-section (5) of section 167 of the Code of Criminal Procedure. According to him, this amendment was only with regard to the time limit for investigation and the newly added section provided for the time limit for investigati......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368...

Category: Criminal Law | Date: | Hits: 108

Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)

....rder as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......ltimately restored in the factory on 5-12-88. The plaintiff further alleged that during 4-12-88 to 5-12-88 there was supply of power by the PDB to the plant but the supply was irregular and for short time and the power supply was finally restored by the PDB from 6-12-88 at 6 PM. After failure of pub......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...

Category: Business or Commercial Law | Date: | Hits: 522

Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)

....tioner Vs. Jesmin Akther………………Opposite Party Judgment February 8, 1999. Result: The Rule is discharged. Lawyers Involved: Sheikh Zulfikar Bulbul Chowdhury, Advocate - For the Petitioner. Md. Khurshid Alam Khan with Pankaj Kumar Kundu, Advocates - For the Opp......16. The Rule is devoid of any substance and the same is, accordingly, discharged without any order as to costs. The judgments of the Courts below stand maintained. 17. Order of stay granted at the time of issuance of Rule and subsequently extended from time to time lastly on 16-11-98 stand vacate...... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352....... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352...

Category: Family Law | Date: | Hits: 211

Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)

.... of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......law. Thereafter, being aggrieved by the aforesaid order Mr. MA Salam as a director of Capital Ship Breakers as a petitioner preferred Civil Petition For Leave To Appeal No.2278 of 2009 but in the meantime the Rule issued in Writ Petition No.4180 of 2009 came up for hearing and a Division Bench of th...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ..

Category: Civil Law | Date: | Hits: 235

Commissioner of Customs, Benapole, Jessore Vs. President, Customs, Excise and VAT Appellate Tribunal, Dhaka and others, 2011, 40 CLC (HCD)

.... of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 416. ......f 2010 has been filed before this Division on 09-2-2010 against the Order dated 21-10-2009 passed by the Commissioner, Customs Excise and VAT (Appeal) and President, Review Committee which was out of time by 17 days. The appellant Commissioner of Customs has now filed this application for condonatio......hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 416. ......hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 416. ..

Category: Limitation Law | Date: | Hits: 324

State Vs. Manik Bala, 1988, 17 CLC (HCD)

....forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......ths prior to the date of occurrence; that 7/8 days before the date of occurrence his daugh­ter Alo Tara came to his house and told him that unless an amount of Tk. 2000/00 promised to be paid at the time of their marriage was not paid the condemned prisoner would not take her to his home; that on 1......r Ext.2 it is not admissible in evidence and as such the learned Sessions Judge has committed an error of law in admitting the same into evidence and relying upon the same for his decision. As to the recovery and seizure of the sari and the sponge sandal it is quite improbable that P.W.4, a member o......s acquitted of the charge. Let the condemned prisoner be set at liber­ty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...

Category: Criminal Law | Date: | Hits: 142

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

....ppli­cation is not maintainable. Accordingly, it is reject­ed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......ect of /12/- annas share of the suit firm in respect of the properties described in the schedule and/or reconstitute the partnership to the extent of that share in favour of the plaintiffs within the time to be fixed by the Court; (b) that on failure of the defendant Nos.1 and 2 to execute and re......em. In the face of our findings in respect of Ext. W and Z series the appli­cation is not maintainable. Accordingly, it is reject­ed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......em. In the face of our findings in respect of Ext. W and Z series the appli­cation is not maintainable. Accordingly, it is reject­ed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...

Category: Business or Commercial Law | Date: | Hits: 349

Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)

....ents Judgment January 9, 1990. Result: The Rule is discharged. Cases Referred to: PLD 1961 (SC) 403; 21 DLR 522; 33 DLR 29; 18 DLR 299. Lawyers Involved: Md. Korban Ali, Advocate — For the Petitioner. Md. Khalilur Rahman with Sk Abul Hossain, Advocates — For the Respo......illed manual, technical or clerical work. The initial definition of the ‘worker’ or ‘workman’ has undergone several changes and last one was done in the year 1980 by Act XXIX of 1980. By that time several State-owned commercial and industrial enterprises had already set up separate school, i...... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347....... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347...

Category: Labour and Industrial Law | Date: | Hits: 184

Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)

....e Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Mozammel Hoque J ABM Khairul Haque J Khalilur Rahman (Md.) alias Ismail………Petitioner Vs. State represented by the Deputy Commissioner, Dhaka………Opposite Party Judgment May 20, 1999......tatue from his possession weighing about three and a half kilograms. On obtaining information from the said Mainul Hasan another touchstone statue weighing about 45 kilograms having a height of 72 centimetres and breadth of 40 centimetres valued at about Taka 25.00 lac was recovered from the possess......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ..

Category: Others | Date: | Hits: 159

Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)

....es Judgment August 21, 1997. Result: The Rule is made absolute. Cases Referred to- 43 DLR (AD) 107; 43 DLR (AD) 160. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad, Advocates - For the Petitioners. Md. Roushan Ali with Md. Rabiul Karim, Advocates - For the Opposite P......form, amongst others, all acts, deeds and things in performance of and/or in relation to performance of the aforesaid deed of agreement dated 6-3-80 as may be necessary or found to be convenient from time to time and to receive payments of sum of money due to their principles by way of balance consi......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341...

Category: Procedural Law | Date: | Hits: 121