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Administrative Officer, Housing Settlement, Chittagong & others Vs. Abdur Rashid Chowdhury and others, 2011, 40 CLC (HCD)

....et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479.......is allowed. Cases Referred to- Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, 14 BLC 831; Nawshed Chowdhury Vs. Ministry of Land Administration and Land Reforms, Government of Bangladesh, 3 BLC 18; Messrs Mollah Industry Estate Vs. Government of Banglades......et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479.......awshed Chowdhury Vs. Ministry of Land Administration and Land Reforms, Government of Bangladesh, 3 BLC 18; Messrs Mollah Industry Estate Vs. Government of Bangladesh, 6 LG (AD) 205; 6 MLR (AD) 41. Lawyers Involved: AKM Badrudduza with Md. Quamrul Islam, Advocates - For the Appellants. Kamal..

Category: Property Law | Date: | Hits: 118

Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)

....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......titioner under section 138 of the Negotiable Instruments Act should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Relevant facts for disposal of the Rule are that the opposite party No.2 as complainant filed a petition of complai......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......3; Sirajul Islam Vs. Tauhid Uddin Ahmed, 15 BLC 39; Ahsan Habib Chowdhury Vs. Multi-drive Ltd., 14 BLC 66; Satya Narayan Poddar Vs. State, 53 DLR 403; Abdur Rahman Vs. Maklis Ali, 31 DLR (AD) 118. Lawyers Involved: Md. Zafar Alam, Advocate with HMA Alam, Advocates - For the Petitioner. Md. ..

Category: Procedural Law | Date: | Hits: 114

Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)

.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......thereby affirming those of dated 11-1-2004 passed by the learned Senior Assistant Judge, Chandanaish, Chittagong, in other Execution case No.5 of 2002 making an order of arrest of the judgment-debtor for detention in Civil prison for a period of 6(six) weeks. 2. Short facts leading to the issuanc...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......others……………………Opposite Parties Judgment July 14, 2010. Result: The Rule is made absolute. Case Referred to- Jiban Bima Corporation Vs. Mahibul Majid, 52 DLR 186. Lawyers Involved: Fariduddin Khan, Advocate - For Petitioners. Farida Khan, Advocate - For Op..

Category: Civil Law | Date: | Hits: 166

Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)

....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......Advocates - For Opposite Parties. Civil Revision No.4874 of 1998. Judgment Nozrul Islam Chowdhury J.- The Opposite Party Nos. 1 and 2 as pre-emptor brought Miscellaneous Case No.59 of 1993 before the Senior Assistant Judge, Shyam Nagar, Satkhira seeking pre-emption of the case land under se......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......dal………………………Petitioner Vs. Kalipada Mondal and another………………………Opposite Parties Judgment January 11, 2011. Result: The Rule is made absolute. Lawyers Involved: Bivas Chandra Biswas, Advocate - For the Petitioner. PC Guha, with Samiran M..

Category: Property Law | Date: | Hits: 79

Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)

....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......pre‑emptors case that P.W.2 Dilal Ahmed upon receipt of summons in a partition suit being TS No.251 of 1969 instituted by the opposite party No.1 came to know of the impugned transfer and then he informed about it to the pre‑emptor on 1‑1‑1970. As an unnotified co-sharer after obtaining the ......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......t: The Rule is made absolute. Cases Referred to- Basarat Ali Mondal and others Vs. Messem Ali Biswas and another, 6 DLR 589; Saroop Singh Vs. Narsingh and others, AIR 1929 Allahabad 846. Lawyers Involved: Md. Maqbul Ahmed, Advocate—For the Petitioner. Mihir Kanti Majumder, Advoc..

Category: Property Law | Date: | Hits: 132

Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)

....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515....... 2000. Judgment AK Badrul Huq J.- Fate of Civil Revision Petition hinges on answer to the following question which is, whether appeal under Order XLIII rule 1(c) of the Code of Civil Procedure (for short The Code) against an order passed in a proceeding laid under Order IX, rule 9 of the Code ......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515...............Opposite Party Judgment July 17, 2002. Result: The Rule is made absolute. Cases Referred to- Belayet Hossain and another Vs. Md. Abu Taher and others, 32 DLR (AD) 231. Lawyers Involved: Zaman Akter, Advocate—For the Petitioner. Shasti Sarker, Advocate—For th..

Category: Procedural Law | Date: | Hits: 104

Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ......n Shaheen, Deputy Attorney-General—For Respondent Nos.1 to 3. Writ Petition No. 5885 of 2000. Judgment MA Aziz J.—Under challenge in this Rule is the processing of the award of Contract for Construction of 415 meter long pre-stressed concrete girder bridge over river Sitalakhya on Jo......l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ......, AIR 1976 SC 2216; Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & ors, 39 DLR (AD) 85; Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board and another, 48 DLR (AD) 20. Lawyers Involved: Khandker Mahbubuddin Ahmed with Md. Ruhul Quddus, Advocates—For the Petitione..

Category: Others | Date: | Hits: 207

Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)

....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......h Serajur Rahman, Advocates ‑For the Respondents. Company Matter No. 47 of 1990. Judgment Md. Mozammel Hoque J.- This is an application under section 38 of the Companies Act, 1913 for rectification of share register of respondent No.1 Company, namely, Doctor's Chemical Works Limi......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......s Referred to- Md. Soheb Vs. Uttara Bank Ltd., 43 DLR 329, 34 DLR 345 & 36 DLR 316; AER (1935) 456; AIR 1950 SC 172; AIR 1953 SC 385; AIR 1949 (BOM) 56; AIR 1962 Orissa 202 & 192. Lawyers Involved: Rukunuddin Mahmood with Murad Reza Advocates ‑ For the Petitioners. ..

Category: Company Law | Date: | Hits: 225

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......sons, Dhaka Central Jail and Deputy Inspector General of Prisons, Rajshahi Central Jail, to show cause why they shall not be directed to produce the detenu Begum Momata Wahab, wife of Mr. MA Wahab, before this court so that this Court may satisfy itself that the said detenue is not being hold in cus...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......etary, Ministry of Home Affairs, Secretariat Building, Dhaka and others……………………Respondents. Judgment February 5, 1992. Result: The Rule is made absolute. Lawyers Involved: Masood R Sobhan, Advocate ‑ For the Petitioner. A Y Salehuzzaman, De..

Category: Constitutional Law | Date: | Hits: 299

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......owdhury, Advocate - For added-Respondent Nos. 11-14. Writ Petition No. 3025 of 1996 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of fac......tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......1998. Result: All the Rules are made absolute. Cases Referred to- Mujibur Rahamn Vs. Government of Bangladesh, 44 DLR 111; Bangladesh Vs. Saifuddin Ahmed, 50 DLR (AD) 27; 3 BLC (AD) 6. Lawyers Involved: M Amir-ul Islam, Advocate - For the Petitioner AM Aminuddin, Assistant Attor..

Category: Employment/Service Law | Date: | Hits: 216

Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)

.... - This Rule obtained under the revived Article 102 (2) of the suspended Constitution of the People's Republic of Bangladesh under the Constitution (Partial Revival) (Second) Order 1985 read with the Proclamation Order No.1 of 1985 calls into question an assessment order dated 28.04.1985 passed by t...... 2. Shortly stated the facts of the case are that the petitioner who is an income-tax assessee and a retired Government official sold his land with some structures at Banani Model Town and applied for gain tax clearance certificate to respondent No.1, the Deputy Commissioner of Taxes, Taxes C......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......8; Abdur Rahim Chowdhury Vs. Excess Profits Tax Officer, Companies Circle-I, Chittagong & others, 28 DLR 381; Jute Works Vs. Chairman, National Board of Revenue (Writ Petition No.262 of 1978). Lawyers Involved: Asrarul Hossain, with Syed Shakkawat Ali, Advocates - For the Petitioner. Md..

Category: Fiscal/Taxation Law | Date: | Hits: 170

Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)

....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......ed against the order dated 15.05.1985 passed by the learned Subordinate Judge, 1st Court, Comilla, in Title Suit No.99/65 rejecting an application under section 151 of the Code of Civil Procedure for vacating the order dated 20.09.1978 accepting the Advocate Commissioner's Report. 2. The fact......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......�………………………Petitioners Vs. Abdul Hakim Maser and others…………………….Opposite-Parties Judgment September 14, 1986. Result: The rule is made absolute. Lawyers Involved: M.A. Kader Chowdhury, Advocate - For the Petitioner. Nikhilesh Dutta, Advoca..

Category: Procedural Law | Date: | Hits: 106

Abdul Mannan and others Vs. Government of the People's Republic of Bangladesh & others, 1986, 15 CLC (HCD)

....inable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ......984 passed by the learned Upazila Munsif, Begumganj, in Title Suit No.66 of 1984 appointing receiver in respect of the suit property at the instance of the defendant No.11. 2. The facts relevant for the purpose of disposal of the Rule are that Jainal Abedin, predecessor of the petitioners, as p......inable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ......ust 23, 1986. Result: The Rule is made absolute. Case Referred to- Mvi. Azizur Rahman and others petitioners Vs. Kailas Chandra Bumecha & others Opposite parties, 25 DLR (HC), 252. Lawyers Involved: Md. Ruhul Amin-II, Advocate - For the Petitioner. Humayan Habibibur Rasul, A..

Category: Procedural Law | Date: | Hits: 139

Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)

....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......ma Vs. Kuntaklan Kutty, AIR 1981 (SC) 1683; Pakistan Vs. Abdul Kuddus, PLD 1961 (Dacca) 616; 6 BLD (AD) 182; Federation of Pakistan Vs. Ghulam Mohiuddin, PLD 1960 (Lah) 677; PLD 1973 (Kar) 413 = 1973 Law Note 376 (DB). Lawyers Involved MI Farooque with AFM Ashaduzzaman and Nazneen Nahar, Advoc..

Category: Alternative Dispute Resolution | Date: | Hits: 251

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)

....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535....... Contempt of Court Act, 1926. 2. It is stated in the application that certain contemptuous statements have been made against Mahmudul Amin Chowdhury, a Judge of this Court, in respect of his performance as Commissioner of Chittagong University Enquiry Commission appointed under the Commissions......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535....... Judgment March 29, 1992. Cases Referred to- State Vs. Miah Abbas Ahmed, PLD 1989 (Lah) 377; AIR 1958 (SC) 538; MV Rajwade Vs. Dr. SM Hassan & others, AIR 1954 (Nag) 71. Lawyers Involved: Abdur Razzak, Advocate ‑ For the Petitioner. Salehuzzaman, Deputy At..

Category: Criminal Law | Date: | Hits: 131

Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)

....The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......he detenu is a law abiding citizen of Bangladesh. He has a heroic role in organizing freedom struggle and was one of the five young leaders who played leading role in organizing the youths who fought for the liberation of the country. The detenu is recent years developed contacts with various Un......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......210; Kalipada Hazra Vs. State 30 DLR 103; Abdul Latif Mirza Vs. Government of Bangladesh, 31 DLR (AD) 1; Rawshan Bejoya Shawkat Ali, 18 DLR (SC) 214; Mrs. Sajaeda Parveen Banu, 40 DLR (AD) 178. Lawyers Involved: Amir‑ul Islam with Mesbahuddin, Md. Ruhul Amin Bhuiyan and Enayet Hossain,..

Category: Criminal Law | Date: | Hits: 156

Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)

....assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......ee Abdul Latif ...........Petitioner Vs. Abdul Huq & others .........Opposite Parties Judgment March 13, 1991. Result: The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. Ashraf Ali and others, 30 DLR 215. ......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ...... Judgment March 13, 1991. Result: The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. Ashraf Ali and others, 30 DLR 215. Lawyers Involved: Miah Abdul Gafur with Abbasuddin Ahmed, Advocates ‑For the Petitioner. ..

Category: Civil Law | Date: | Hits: 166

Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)

....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......y Additional District Judge, Faridpur in Title Appeal No. 323 of 1969 reversing the Judgment and decree passed by Munsif, Goalundo in TS No. 84 of 1968. 2. Plaintiff‑Appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the sc......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......…………..Respondents. Judgment May 7, 1991. Result: The appeal is allowed. Case Referred To- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR page 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate-For the Appellants. Habib, Advocate �..

Category: Property Law | Date: | Hits: 122

Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)

....pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ......claring the petitioner as elected Chairman of No.3, Mirzapur Union Parishad, Hathazari, Chittagong in place of opposite party No.1 Mohammad Zulfiqar. 2. The petitioner’s case is that election for the post of Chairman of No.3 Mirzapur Union Parishad of Hathazari Upazila, Chittagong, was held ......pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ...... Abul Kalam Chowdhury ...........Petitioner. Vs. Mohammad Zulfiqar .......... Opposite Party. Judgment May 26, 1991. Result: The Rule is made absolute. Lawyers Involved: Md. Ozair Farooq with Sadiqur Nahar Papri and Md. Serajul Islam, Advocates �..

Category: Election Law | Date: | Hits: 240

Abdul Aziz Vs. State, 1990, 29 CLC (HCD)

.... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ......l Saha, Advocate - For the Appellant. No One ‑ For the Respondent. Criminal Appeal No. 49 of 1989. Judgment AM Mahmudur Rahman J.- This is an appeal at the instance of the informant from an order of conviction and sentence passed against the accused‑Respondents Jahangir A...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ...... AM Mahmudur Rahman J Abdul Aziz ............Appellant Vs. The State........... Respondent Judgment February 25, 1990. Result: The appeal is dismissed. Lawyers Involved: Gour Gopal Saha, Advocate - For the Appellant. No One ‑ For the Resp..

Category: Criminal Law | Date: | Hits: 110

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