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Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)

....nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......suit on contest. 2. The opposite parties as plaintiffs have instituted a Title Suit being Title Suit No.16 of 1993 in the court of Senior Assistant Judge, Rupganj under the District of Narayangonj for permanent injunction against the petitioners and the defendant-respondent opposite party Nos.7......nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......, 30 DLR (SC) 41; Shah Alam (Md.) Vs. Farida Begum, 2 BLC (AD) 92; Amanatullah & others Vs. Ali Mohammed Bhuiyan and others, 2 BLC (AD) 134; Earfan Ali Vs. Joynal Abedin Mia, 35 DLR (AD) 216. Lawyers Involved: Md. Ibrahim Mollah, Advocate—For the Petitioners. Probir Halder Advocate�..

Category: Property Law | Date: | Hits: 144

Deputy General Manager, Rupali Bank Limited and another Vs. Nazrul Islam Patwary and others, 1992, 21 CLC (HCD)

.... of law and thus call for no interference from this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 406.......rder of termination is mala fide. The plaintiff‑opposite‑party filed a Review petition but got no reply. Finding no other alternative the plaintiff filed the suit being Title Suit No.41 of 1988 before the learned Munsif, Upazila Ramganj, District, Laxmipur. 3. The defendant Nos.3 and 5 app...... of law and thus call for no interference from this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 406.......…..……Petitioners Vs. Nazrul Islam Patwary and others……………..…….Opposite Parties Judgment January 27, 1992. Result: The Rule is discharged. Lawyers Involved: Md. Ruhul Amin, Advocate‑For the Petitioner. Amir Hossain, Advocate ..

Category: Labour and Industrial Law | Date: | Hits: 233

Syed Mozammel Huq Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others, 1991, 20 CLC (HCD)

....e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 403.......(Annexure C) it is necessary to mention briefly certain facts of this case. The petitioner's case is that he is a pilot of Bangladesh Biman. He applied to the Directorate of Housing and Accommodation for giving him a Government accommodation for his family to live and accordingly ground floor of hou......e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 403.......epublic of Bangladesh represented by Secretary, Ministry of Works and others ..................Respondents. Judgment January 24, 1991. Result: The Rule is made absolute. Lawyers Involved: Md. Fazlul Karim with Azizul Huq, Advocates ‑For the Petitioner. SA ..

Category: Property Law | Date: | Hits: 160

Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ...... 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 ......irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ......rs ………..Respondents Judgment February 17, 1992. Result: The Rule is made absolute. Case Referred to- Syed Mokbul Hossain Vs. Government of Bangladesh & ors. 44 DLR 39. Lawyers Involved: Syed Ishtiaq Ahmed, with Mahmudul Islam and Md. Fazlul Hoque, Advocates‑For t..

Category: Business or Commercial Law | Date: | Hits: 601

James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)

....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......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. ......(AD) 172; Nur Muhammad & others Vs. Moulvi Mainuddin 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, Adv..

Category: Civil Law | Date: | Hits: 169

Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Pahartali Textile & Hosiery Mills, Pahartali Chittagong, 1992, 21 CLC (HCD)

....ormulated in this application is in the affirmative and against the Revenue. Parties are to bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 389. ......iery Mill is a nationalised concern and managed and controlled by the Bangladesh Textile Mills Corporation. The Deputy Commissioner of Taxes completed assessment of the income of the assessee company for the assessment year 1979‑80 on the basis of a provisional return of its income. In computing o......ormulated in this application is in the affirmative and against the Revenue. Parties are to bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 389. ......ax Officer, Special Circle, Ambala Canit, 30 ITR, 500; Dialdas Parmanand Kripalani Vs. PS Talwalkar, 1957 Bomb; Commissioner of Income Tax Vs. Zoroastrian Building Society Ltd., (1955) 27 ITR 218. Lawyers Involved: Md. Moksudur Rahman, Advocate ‑ For the Applicant. No one appears ‑ For ..

Category: Fiscal/Taxation Law | Date: | Hits: 266

Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)

....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......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. ...... is made absolute. Cases Referred to- Panjab Ali Vs. Mokarram Hussain 29 DLR (SC) 185; Arjun Singh Vs. Mohiadra Kumar AIR 1964. 993; AIR 1961 Assam 47; Tulsiram Bhagwan Das AIR 1959 Cal.379. Lawyers Involved: Faruqe Ahmed, Advocate -For the Petitioner. Sarojendu Roy, Advocate -For th..

Category: Procedural Law | Date: | Hits: 127

Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)

....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......83 against the Order of conviction and sentence of death and along with these appeals, we have heard the death Reference No.9 of 1983 made to this Court by Additional Sessions Judge, 3rd Court Khulna for confirmation of sentence of death. This Judgment will dispose of aforesaid appeals as well as ......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......rs 27 DLR 77 AIR 1971 S.C. 1584; State Vs. Nawab Ali Biswas, (1961) 13 DLR 646; State Vs. Mosammat Maleka Khatun, (1985) 37 DLR 55; Khardi Khan and others Vs. Crown, PLD 1951 (Vol.III) Lahore 322. Lawyers Involved: Serajul Hoque with M.A. Aziz and Kazi A.T. Monowaruddin, Advocates - For Condem..

Category: Criminal Law | Date: | Hits: 134

Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)

....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......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. ...........................................Respondent Judgment November 4, 2002. Result: The appeal is allowed. Cases Referred to- Abdur Razzak and another Vs. State, 28 DLR (AD) 35. Lawyers Involved: SMG Amirullah Chowdhury with Md. Omar Ali Khan, Advocates—For the Accused-App..

Category: Criminal Law | Date: | Hits: 111

Dr. Md. Shahjahan, Advocate Vs. Election Commission and others, 2011, 40 CLC (HCD)

....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......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. ......Referred to- AFM Shah Alam Vs. Mujibul Hague, 41 DLR (AD) 68; AKM Mayeedul Islam Vs. Bangladesh Election Commission, 48 DLR (AD) 208; Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90. Lawyers Involved: None appears - For the petitioner. Ahsanul Karim, Advocate - For the Respond..

Category: Election Law | Date: | Hits: 231

Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)

....etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......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......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531....... 18, 2009. Result: The Rule is discharged. Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16. Lawyers Involved: No one - For the Petitioner. Nizamul Haque Nazim, Assistant Attorney General..

Category: Criminal Law | Date: | Hits: 103

Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)

....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 ......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. ......��……..Defendant-Appellant Vs. Monija Khatun and others………………………………………Plaintiff-Respondents Judgment May 29, 2011. Result: The appeal is allowed. Lawyers Involved: Abul Kalam Chowdhury, Advocate - For the Defendant-Appellant. Waliur Reza Ch..

Category: Alternative Dispute Resolution | Date: | Hits: 227

Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)

....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......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.......itioners Vs. State……………………Opposite Party Judgment March 24, 2009. Result: The Rule is made absolute. Case Referred to- Shahinur Alam Vs. State, 56 DLR 10. Lawyers Involved: Obaidul Hasan Shaheen with Bakir Uddin Bhuiyan - For Petitioners. SM Shahjah..

Category: Procedural Law | Date: | Hits: 129

Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)

.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......-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...... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......spondents Judgment March 10, 2011. Result: The appeal is dismissed. Cases Referred to- 2 MLR (AD) 215; 57 DLR (AD) 39; 20 BLD (AD) 187; 43 DLR 360; 4 BLC (AD) 193; 5 BLD (AD) 51. Lawyers Involved: Khijir Ahmed with Hidar Alam Kollol and Shofiul Aziz, Advocates - For the Appel..

Category: Property Law | Date: | Hits: 105

Mian Abdur Rashid and others Vs. Government of People's Republic of Bangladesh and others, 1986, 15 CLC (HCD)

....ot arbitrarily. In the result, this Rule is discharged but without any order as to costs. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 122. ...... 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......ot arbitrarily. In the result, this Rule is discharged but without any order as to costs. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 122. ......represented the Secretary, Ministry of Industries & Commerce, Jute Division and others………………………Respondents Judgment July 20, 1986. Result: The Rule is discharged. Lawyers Involved: Mainul Hosein with Joynul Abedin, Advocates - For the petitioners. M.M. Huq,..

Category: Company Law | Date: | Hits: 162

Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)

....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......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.......undha Singh Vs. The Punjab State and others, AIR 1962 Punjab 82; Masafir Mghton Vs. Mt. Bachani ; AIR 1963 Patna 1; Deo Dutta Singh and others Vs. Ram Naresh Singh and others ; AIR 1973 Patna 166. Lawyers Involved: Chitta Ranjan Das with Mostafa Niaz Mahmud, Advocate -For the Petitioner. Mo..

Category: Procedural Law | Date: | Hits: 116

Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)

....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......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......ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......Opposite Party Judgment August 6, 1984. Result: The Rules is discharged. Cases Referred to- 31 DLR 39; M.G. Towab Vs. The State, 35 DLR 1982, 371; 34 DLR, 371-402; AIR 1931, 443. Lawyers Involved: Muhammad Abdul Hague, Advocate - For the Petitioner. A.H. Mahfoozur Rahman, ..

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.......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......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.......ur Court, Dhaka & others…………Respondents Judgment July 10, 1986. Result: The Rule is discharged. Cases Referred to- 29 DLR (HC) 148; 30 DLR (HC) 141; 33 DLR (HC) 376. Lawyers Involved: Khalilur Rahman with Sk. Abul Hossain, Advocates - For the Petitioner. A. F...

Category: Labour and Industrial Law | Date: | Hits: 147

Promode Ranjan Paul & others Vs. Government of Bangladesh & others, 1986, 15 CLC (HCD)

....order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......rt, Brahmanbaria, passed in Title Suit No.156 of 1982. 2. The petitioner No.1 as plaintiff instituted the suit in the 2nd Court of Munsif, Brahmanbaria against the opposite parties as defendants for declaration and permanent injunction that the order of defendant No.2 the Sub-divisional Offic......order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......Cease Referred to- Benoy Bhushana Bardhaa and others Vs. the S.D.O. Brahmaabaria and another, 30 DLR (SC) 139; Syed Ahmed Vs. Prof alia Kumar Dey 13 DLR 70; Md. Yunus Vs. Md. Yousf, 21 DLR 466. Lawyers Involved: Khandaker Mahbubuddin Ahmed, with Mirza Hussain Haider, Advocates-For the Petit..

Category: Property Law | Date: | Hits: 107

Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)

....laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......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......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554..............Respondents Judgment January 21, 2002. Result: The appeal is allowed. Cases Referred to- Ram Chandra Das Vs. Khalilur Rahman and another, 1985 BLD (AD) 41=37 DLR (AD) 21. Lawyers Involved: Mainul Islam, Advocate‑For the Appellant. ASM Wahidul Momin Chowdhury, Adv..

Category: Property Law | Date: | Hits: 104

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