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Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......Title suit No.132 of 95 should not be set aside. 2. Defendants as petitioners filed an application under section 115(1) of the Code of Civil Procedure and obtained this rule. 3. Facts necessary for disposal of this rule are that opposite parties No.1-7, as plaintiffs instituted Title Suit No.1......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......le is made absolute. Cases Referred to- Md. Siddique and others Vs. Haji Ahmed, PLD 1967 Karachi at 468; PLD 1968, Lahore 367; 57 DLR (AD) 112; 6 BLC (AD) 130; 7 MLR (AD) 7; 51 DLR (AD) 81. Lawyers Involved: Md. Asad Ullah with Rafi Ahmed and Khaleda Sultana - For petitioners. Abdul ..Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ates that process under Order XXI, Rule 54 of the Code, had been issued 28.6.1938 and had been duly served on 14.8.1938. Notice under Order XXI, Rule 66 of The Code had been issued on 23.9.1939. Sale Proclamation had been published on 12.12.1938. Sale took place on 21.3.1939 and it was purchased by ......Revision Petition under section 115 of The Code of Civil Procedure (For short The Code). Civil Revision Petition has been numbered as Civil Revision No.380 of 1991. 2. Portrayal of intrinsic datum forming backdrop of Civil Revision Petition may succinctly be stated. 3. Sreemati Hari Rani Basak......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......ce-Chairman, East Pakistan Enemy Property Management Board, Dacca and others, (1970) 22 DLR HCD 48; 27 DLR AD 156; Arati Rani Paul Vs. Sudarshan Kumar Paul and others, (2004) 56 DLR AD (2004) 73. Lawyers Involved: Mir Mokhlesur Rahman with Nasrin Parveen - For Petitioners. Md. Firoz Shah, ..Category: Procedural Law | Date: | Hits: 108
....oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
......(Appeal) Dhaka and finally by the Additional Secretary, Ministry of Finance (Internal Resource Division) Government of Bangladesh and National Board of Revenue, Dhaka.
2. The short facts, relevant for the purpose of disposal of the Rule, are that the petitioner is the proprietor of a Cinema Hall ......oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
......(Internal Resources Division) and others………….…….Respondents
Judgment
March 20, 1994.
Result:
The Rule is discharged.
Cases Referred to-
46 DLR 282; 21 DLR (SC) 225.
Lawyers Involved:
Shaikh Razzaque Ali, Advocate ‑ For the Petitioner.
None - For the Respond..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......al No.120 of 1991 allowing the appeal and reversing the Judgment and decree dated 26‑5‑1991 passed in Other Class Suit No.266 of 1987 by the Additional Assistant Judge, Natore, decreeing the suit for declaration that the transfers are mortgage and are subject to redemption. 2. Petitioner file......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......ladesh represented by the Secretary Ministry of Land Administration and others, 26 DLR 304; 1995 (BLD) 135; 16 BLD (AD) 299; AIR 1926 (Bom) 479; AIR 1932 (Mad) 703; AIR 1926 (Boin) 497; 47 DLR 67. Lawyers Involved: Shahidul Islam, Advocate ‑ For the Petitioner. ABM Nurul Islam, Advocate â..Category: Property Law | Date: | Hits: 117
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ...... in Sessions Trial No.247 of 1980 taking cognizance against the petitioner and issuing non-bailable warrant of arrest against him upon holding as follows: "Since accused Abdur Razzak did not appear before this Court and no order has been passed regarÂding him and as he is allegedly the main culÂpr......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......r Razzaque……………………… Petitioner Vs. State and another………………………… Opposite party Judgment November 9, 1982. Result: The rule is made absolute. Lawyers Involved: Mujibur Rahman - For the Petitioner. M. Shehabullah - For the Complaint. Opp..Category: Criminal Law | Date: | Hits: 110
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ...... why a declaration should not be made to the effect that the petitioner was and continue to be in service with all attended benefits of pay and others service benefits. 2. The short facts relevant for the purpose of the case are that the petitioner obtained the degree of M.SC from Rajshahi Univer......vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......) 141; Anwarul Huq Khan Vs. Government of Bangladesh, 31 DLR 21; Bangladesh Krisi Bank Vs. Abdul Mannan, C.A 99/97 and AIR 1966 M.P. 193; Anwarul Huq Khan Vs. Government of Bangladesh, 31 DLR 122. Lawyers Involved: Abdur Rab Choudhury with Salauddin Dolon and Syeda Anwara Sattar, Advocates - F..Category: Employment/Service Law | Date: | Hits: 165
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
.... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......al No.1011 of 1992 and Jail Appeal No.1025 of 1992. Judgment Qazi Shafiuddin J.- This reference being Death Reference No.17 of 1992 has been submitted by the learned Sessions Judge, Mymensingh for confirmation of the death sentence passed upon accused Raisuddin, Samar, Anumullah, Morshed and ...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......owed. Cases Referred to- Muhammad Ilyas and 5 others Vs. State, PLD 190 (SC) 443; Kashmira Singh Vs. State of Madhya Pradesh, AIR 1952 SC 159; Uma Shankar Vs. State of UP, AIR 1979 SC 1456. Lawyers Involved: TH Khan with MA Wahab Mia, Advocates ‑ For the Condemned‑Prisoners. Syed..Category: Criminal Law | Date: | Hits: 104
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ......ee passed by the Subordinate Judge, 2nd Court, Dhaka, in Title Suit No. 471 of 1990, decreeing the suit in favour of the plaintiff, should not be set‑aside. 2. The defendant No.1 is petitioner before this Court, opposite party No.1 as plaintiff instituted the aforesaid Title Suit for a decree f...... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ......nd Urban Development........................Petitioner Vs. Hosne Ara Begum and others......................Opposite Parties Judgment May 8, 1994. Result: The Rule is discharged. Lawyers Involved: AY Salehuzzaman, Deputy Attorney‑General - For the Petitioner. Md. Zakir H..Category: Property Law | Date: | Hits: 157
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......n order passed by the Sub-Divisional Magistrate, Bhola, taking cognizaÂnce of a case under section 379 of the Penal Code against the accused petitioner and others. We have heard the learned Counsels for the petitioner and the complainant-oppoÂsite party and perused the petition and the annexures t......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......mp; others………………Opposite Parties Ahmed Sultan son of late Miajan Mollah………………Opposite Parties Judgment August 20, 1982. Result: The Rule is made absolute. Lawyers Involved: B.N. Chowdhury with Parimal Chandra Guha and Arun Kumar Bhattacharjee - For the..Category: Criminal Law | Date: | Hits: 107
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......ent Syed Amirul Islam J.- This Rule is directed against the order dated 12‑8‑95 passed by the learned Subordinate Judge, 4th Court, Dhaka, in Title Suit No.89 of 1969 rejecting the application for amendment of written statement. 2. The opposite party No.1 as plaintiff instituted Title suit......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ...... Moulavi Mukhilisur Rahman and others……………………………Opposite Parties Judgment January 21, 1997. Result: The Rule is made absolute. Case Referred to- 46 DLR 273. Lawyers Involved: Mahbubey Alam with Ali Aminuddi, Advocates ‑ For the Petitioner. Md. Nawab..Category: Procedural Law | Date: | Hits: 118
.... illegality in the impugned Judgment to interfere in the same.
In the result, the Rule is discharged without any order as to cost.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 314.
......sion dated 4‑9‑95 passed by the respondent No.1 in Complaint Case No.19/1993 should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioners after placing the impugned Judgment and other materials on record submitted that...... illegality in the impugned Judgment to interfere in the same.
In the result, the Rule is discharged without any order as to cost.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 314.
......r……Petitioners
Vs.
Chairman, Third Labour Court, Dhaka and another………………………………….Respondents
Judgment
March 10, 1997.
Result:
The Rule is discharged.
Lawyers Involved:
Habibur Rahman Mia, Advocate - For the Petitioners.
Shamsul Huda, Advocate â..
Category: Labour and Industrial Law | Date: | Hits: 156
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......al Uddin Mollah, Deputy Attorney-General with Mohammad Abdul Baset, Assistant Attorney-General—For the State. Criminal Appeal No.125 of 1991. Judgment AK Badrul Huq J.—Gateway to Justice for redressal of grievance by seekers of Justice now-a-Âdays faces bottleneck impairing case of Jus......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568....... Sinnu Goundan, ILR 38 Mad 1028, 1034=AIR 1914 Mad 628=15 Cri LJ 236; Queen-Empress Vs. Karigowda, (1894) ILR 19 Bom 51; Sheo Swarup Vs. King-Emperor, 61 Ind App 398=AIR 1934 PC 227=36 Cri LJ 786. Lawyers Involved: Farida Khan, Advocate—For ComplainantÂ-Appellant. No one—For the Accuse..Category: Family Law | Date: | Hits: 165
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......cord-For the Petitioners. A. J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record- For Respondent No.1. None represented- For Respondent Nos. 2-27. Civil Petition for Leave to Appeal No. 1779 of 2007. Judgment Mohammad Fazlul Karim J.- This petitioners seek......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......an and another……………….....Petitioners Vs. Abdul Mannan Mia and others…..........................Respondents Judgment May 18, 2008. Result: The petition is dismissed. Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on..Category: Property Law | Date: | Hits: 88
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......h represented by the Secretary, Ministry of Establishment and three others. Both the appeals by leave have arisen from the judgment and order dated 13.7.2000 passed by the High Court Division in the aforesaid writ petition making the Rule absolute. Since both the appeals involve a common question of......ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......lishment .....Appellant Vs. Sk. Abdur Rashid and others …..............Respondents (In Civil Appeal No.200 of 2000) Judgment January 19, 2004. Result: The appeals are allowed. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate, instructed by A. S. M. Khalequzzaman, Advoc..Category: Employment/Service Law | Date: | Hits: 149
....t any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 263.
......ry, will only give findings as to whether the delinquent is guilty or not of the charges levelled against him but in the present case the Inquiry Committee, while submitting their report, recommended for inflicting major penalty on the respondent which caused prejudice to the respondent, which can n......t any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 263.
......n law………………………………………..(6)
Case Referred to-
Chairman, Bangladesh Council of Scientific and Industrial Research and another vs. Abdul Khaleque, 43 DLR (AD) 209.
Lawyers Involved:
Golam Mohiuddin, Advocate, instructed by Mrs. Sufia Khaton, Advocate-on-Record-..
Category: Labour and Industrial Law | Date: | Hits: 832
M. Tofazzal Ahmed Vs. Jashim Uddm Hayder Faruque, 2007, 36 CLC (AD)
....learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ......e, instructed by Mrs. Mahmuda Begum, Advocate-on-Record- For the Petitioner. Abdul Momen Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.550 of 2006 Judgment Mohammad Fazlul Karim J. - The petitioner seeks Le......learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ......ed……………………..............Petitioner Vs. Jashim Uddm Hayder Faruque....…………………Respondent Judgment November 5, 2007. Result: The petition is dismissed. Lawyers Involved: Ajmalul Hossain, QC, Senior Advocate, instructed by Mrs. Mahmuda Begum, Advocat..Category: Trust/Waqf Law | Date: | Hits: 117
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
.... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......ion of Barakhada Union Parishad within the district of Kushtia. Three persons, including the petitioner and the opposite party No.1, filed nomination paper's and contested the election; the last date for filing nomination paper was 7‑12‑91 and the following day i.e. 8‑12‑91 was fixed for the...... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245....... DLR 543; Ram Singh Vs. Crown, AIR 950 (E. Punjab) Full Bench 25; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; Central Exchange Bank Ltd. Vs. Ch. Dilwar Khan and others; King Vs. Chandra N Dharma. Lawyers Involved: Hasan Foez Siddique, Advocate ‑ For the petitioner. Idrisur Rahman with Ta..Category: Election Law | Date: | Hits: 301
....bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243.......nt M/s. Concord Engineers and Construction Limited, a Company incorporated under the Companies Act, with the averments, inter alia, that the Government of Bangladesh drew up a comprehensive programme for construction of two fly‑overs in the city of Dhaka, namely, one at Mohakhali and the other at ......bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243.......mp; Highways Department...............Appellant
Vs.
Concord Engineers & Construction Ltd...............Respondent
Judgment
January 15, 1996.
Result:
The appeal is dismissed.
Lawyers Involved:
Sharifuddin Chakladar, Assistant Attorney‑General - For the Appellant.
S R..
Category: Alternative Dispute Resolution | Date: | Hits: 263
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......1992 restraining the defendant appellant from proceeding with the Execution Case No.10 of 1992 pending in the 1st, Court of Assistant Judge, Chittagong. Short facts relevant from the disposal of the aforesaid appeal are, that the defendant‑appellant instituted a suit being SCC Suit No.33 of 1983 f......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239....... Vs. A Samad Mollah and others, 29 DLR (SC) 282; Sokman Miah and others Vs. Ishaque Ali being dead his heirs and others, 41 DLR (AD) 104; A Barek Miah and others Vs. ABM Serajul Islam, 20 DLR 501. Lawyers Involved: SK Sinha with AK Ahmadul Hasan and Shafiqur Rahman, Advocates ‑ For the Appel..Category: Civil Law | Date: | Hits: 130
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......amuddim Dhali guilty of offence punishable under section 409 of the Penal Code and sentencing him to suffer two years imprisonment and to pay fine of Taka 300.00 and in default to suffer imprisonment for another three months. 2. The prosecution case, in short, is that accused‑appellant Md. Niza......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......t July 19, 1993. Result: The appeal is allowed. Cases Referred to- 5 DLR 509; 39 DLR 14; PLD 1960 (Dhaka) 13; 41 DLR (AD) 158; 16 DLR 223; 28 DLR (AD) 35; 33 DLR 191; 39 DLR 437. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Appellant. MA Rouf, Assistant Attorne..Category: Criminal Law | Date: | Hits: 95
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