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Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......ng a joint written statement denying all the material allegations made in the plaint. Thereafter the learned Subordinate Judge by his order 26.7.1987 framed the issues and September 8, 1987 was fixed for delivering the interrogatories by the plaintiffs. After taking several adjournments the plaint......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ..................Petitioners Vs. Eastern Shippers & Traders Ltd..............................Opposite Party Judgment March 20, 1989. Result: The application is rejected in limine. Lawyers Involved: Moqbul Ahmed, Advocate - For the Petitioners. Civil Order No.155 of 1989. ..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
.... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......7.11.76 with the Nalchity Police Station against the present petitioner and others alleging that on 27.11.76 the petitioner and others took away one-band radio, gold ring, soap, powder etc. and the informant recognised the petitioner as one of the dacoits. Police after investigation submitted char...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......Result: The Rule is made absolute. Cases Referred to- Sakyapada Barua & ors. Vs. The State and others, 38 DLR 86; Kazi Md. Wahidun Nabi Vs. Abdus Satter @ Monaya and ors., 36 DLR 200. Lawyers Involved: Enayet Peer Khan with Md. Mostafa, Md. Abdur Rahim Khan, Advocates - For the pe..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......difying the judgment and order dated 19.8.86 passed by the Election Tribunal and Subordinate Judge, Jhalakati in Election Case No.2 of 1985. 2. The petitioner and opposite party No.4 contested for the post of Chairman of the Nalchity Upazila Parishad in the election held on 20.5.85 and in t......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......6); 38 DLR 435; Sk. Tabibar Rahman Vs. Election Tribunal, 1981 BLD 298; Management Board, A.R. Howlader Jute Mills Ltd. Vs. Chairman, 1st Labour Court, (1976) 28 DLR 368; 38 DLR 435; 1981 BLD 298. Lawyers Involved: Khandker Mahbub Hossain with Syed Ziaul Karim, Advocates - For the Petitioner. ..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......assed by the learned Sessions Judge, Moulvibazar in Sessions Case No.30 of 1984 convicting the accused appellants under section 302 of the Penal Code and sentencing each of them to transportation for life. 2. Short facts of the prosecution case is that on 24th Baishakh, 1383 B.S. correspondin......Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......, AIR 1955 (SC) 419; Md. Anwar and another Vs. The State, PLD 1956 440; Lachhman Singh Vs. The State, AIR 1952 (SC) 167; AIR 1954 SC 204 (H); Barendra Kumar Ghosh Vs. Emperor, AIR, 1925 PC on (I). Lawyers Involved: Nazrul Islam Chowdhury, Advocate - For the Appellant. Miftahuddin Chowdhury,..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ...... J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Secretary, Ministry of Land Administration and Land Reforms and others..................................Respondents (In Writ Petition No. 425 of 1985). ......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......f 1985 is made absolute. The Rule Nisi in Writ Petition No.1634 of 1988 is made absolute. Case Referred to- Bangladesh and others Vs. Marium Khatun and others, Civil Appeal No.8 of 1972. Lawyers Involved: Md. Hannan with M. Khaled Ahmed, Advocates - For the Petitioners (In Writ Pet..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356................Respondents (Writ Petition No.533 of 1985) Judgment April 13, 1989. Result: All the Rules Nisi are made absolute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorn......they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......; another............................................................Respondents (Writ Petition No.533 of 1985) Judgment April 13, 1989. Result: All the Rules Nisi are made absolute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Pet..Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......2 of 1984. Judgment Habibur Rahman Khan J.- The appellants Abdul Khalek and Mohubullah @ Mohibullah have been convicted under sections 302/34 of the Penal Code and sentenced to transportation for life and the appellant Sabjan Bibi has been convicted under section 201 of the Penal Code and ......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349........ State, 29 DLR (SC) 246; PLD. 1950 Lahore (FB) 288; 5 DLR (FC) 207; 9 DLR (SC) 177; AIR 1956(SC) 404; Ram Bhorosay Vs. Emperor, AIR 1936 (ALL) 833; Shamblu Nath Mahra Vs. The State, AIR 1956 404. Lawyers Involved: Nozrul Islam Chowdhury, Advocate - For appellant. Abu Hasan Abdullah, Advo..Category: Criminal Law | Date: | Hits: 101
....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.
......o.26 of 1986.
Judgment
Mozammel Hoque J.- This First Appeal is directed against the Judgment and decree passed by the learned Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 553 of 1981 (formerly Title Suit No.888 of 1979) decreeing the suit in favour of the plaintiff.
2. Respondent ......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.
......ssioner (Revenue) Dhaka………………Appellant
Vs.
Md. Mostafa Ali Mridha and others…………………Respondents
Judgment
July 22, 1993.
Result:
The appeal is dismissed.
Lawyers Involved:
Md. Moksudur Rahman, Advocate ‑ For the Defendant-Appellant.
SS Halder, Ad..
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... 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. ......t AM Mahmudur Rahman J.- By this Civil Rule the petitioner seeks review of the Civil order No.2160 of 1993 passed on 2.8.1993 by Syed Fazle Ahmed, J. 2. The plaintiff‑opposite party in a suit for specific performance of contract got a decree on 31.7.1977. Against that decree the defendant-pe...... 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. .........Opposite Party Judgment January 12, 1994. Result: The Rule is made absolute. Case Referred to- Sir Hari Sankar Pal and another Vs. Anath Nath Mitter and others, 1949 (FC) 106. Lawyers Involved: Nikhilesh Datta, Advocate ‑ For the Petitioner. Golam Mohiuddin, Advocate ..Category: Civil Law | Date: | Hits: 157
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......nt Qazi Shafiuddin J.- The death reference being Death Reference No.9 of 1992 submitted by the Additional District and Sessions Judge, Sunamganj under section 374 of the Code of Criminal Procedure for confirmation of the death sentence upon accused Khalilur Rahman along with Criminal Appeal No.65......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......ur Rahman Vs. Emperor, AIR 1931 Pat 339; Comming Vs. Ratnam, 1932 Mad Cr C 23; Sarwan Sinh Rattan Singh Vs. State of Punjab, (S) AIR 1957 SC 637; AIR 1959 Pat 362; PLD 1954 PC 304; AIR 1946 PC 20. Lawyers Involved: AA Chowdhury Advocate - For the Appellants. AFM Shahid, Deputy Attorney-Gen..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....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. ......uzur Rahman J Judges of the High Court Division............Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for contempt is dropped against Contemners. Cases Referred to- Quintin Hogg Case, (1958) 2 WLR......ddressing the Section officers of the erstwhile Pakistan he made certain observations with regard to the power of the Supreme Court and the High Courts of Pakistan to issue writ after proclamation of Martial Law by the Military Ruler General Ayub Khan of Pakistan. The offending passages contained in...... Cases Referred to- Quintin Hogg Case, (1958) 2 WLR 1206; 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 Ala..Category: Criminal Law | Date: | Hits: 149
Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)
....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. ...... Abdus Salam Mamun, Assistant Attorney-General - For the State. Criminal Revision No.1106 of 1993. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioners is for quashing the proceedings of Santrash Daman Tribunal Case No.5 of 1993 pending in the Court of Sa......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. ......hidullah Kazi, Amjad Hossain.................Petitioner Vs. State, Abul Kasem...............Opposite Parties Judgment August 24, 1995. Result: The Rule is made absolute in part. Lawyers Involved: Not Represented ‑For the Petitioners. Osman Ghani, Advocate ‑ For the Op..Category: Criminal Law | Date: | Hits: 97
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....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. ...... of 1993) against order dated 28.8.93 passed by the 1st Assistant Judge, Dhaka, rejecting the application of the defendant‑petitioner to transfer the suit. 2. The opposite parties filed the suit for ejectment of the defendant‑petitioner who is a monthly tenant on the ground of bonafide requir......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. ...... 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 Involved: Miah Abdul Gafur, Advocate ‑ For the petitioner. Sayed Md. Dastagir Husain..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....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. ......hall hereinafter be called the Act). 2. Nazamat Ali gifted the disputed land including his homestead measuring 0.70 acres to his daughter‑in‑law (son's wife) the opposite party 1 Nazuma Khatun for love and for good service rendered by the son's wife to her widower father-in‑law in his old a......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. ....... Osmn Ali and others, 37 DLR 324; Upendra Chandra Roy Vs. Janab Ali, 29 DLR para 7; 18 DLR 317; Gobinda Dayal Vs. Inayetullah, ILR 7 (All.) 775; Bishan Singh, AIR 1958 (SC) at page 838 (pars 11). Lawyers Involved: Farmanullah Khan, Advocate ‑ For the Petitioner. Md. Ismail with Omar Far..Category: Property Law | Date: | Hits: 127
....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.......a Supervisor on 26-1-1988. He joined on same date. He was made permanent on 10-3-1996. Suddenly he was terminated vide order dated 17-8-1997.
19. Almost all of the above petitioners filed petition for appeal to the authority but got no positive result. Hence above 16 writ petitions were filed and......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.......Bangladesh Public Administration Training Centre and others…………….. Respondents
Judgment
November 18, 1998.
Cases Referred to-
46 DLR (AD) 1; 43 DLR (AD) 154; 31 DLR (AD) 298.
Lawyers Involved:
SM Ebdadul Hoque, Advocate - For the Petitioners (In all above 16 Writ Petition..
Category: Employment/Service Law | Date: | Hits: 160
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....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.......ial Judge, Khulna arising out of DAB GR No.3 of 1999 corresponding to Mirpur PS Case No.9 dated 29-7-92 should not be quashed. 2. It appears that the above case was started on the basis of First Information Report lodged by District Anti-Corruption Officer, Kushtia. The allegation is that, accuse......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.......meen J Nazrul Islam and others.……………………….Petitioners Vs. State………………….. Opposite Party Judgment April 25, 1999. Result: The Rule is discharged. Lawyers Involved: M Amirul Islam, Advocate — For the Petitioners. Munsurul Haque Choudhury, ..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....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.......y the sole defendant against the judgment and decree dated 31-7-94 and 8-3-94 respectively passed by the learned Subordinate Judge, First Court, in Money Suit No.24 of 1989 decreeing the suit in full for an amount of Taka 47,13,905.70 only. 2. First Appeal No.129 of 1995 has been filed by the sam......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.......March 15, 1999. Result: FA No. 277 of 1994 is allowed. FA No.129 of 1995 is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Borada Spinning and Weaving Co Ltd. Vs..Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......eference No.20 of 1994 with Criminal Appeal No.1846, 1850 and 1990 of 1994. Judgment Mohammad Gholam Rabbani J.- In this case of death reference all the six accused have been sentenced to death for committing a murder. Convicts have also filed Criminal Appeal Nos. 1846 of 1994, 1850 of 1994 an......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355....... State……….Appellant Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others…………………Respondents Judgment February 23, 1998. Result: The death reference is rejected. Lawyers Involved: Syed Abu Kowser, Assistant Attorney-General - For the State. Anisul Huq with..Category: Criminal Law | Date: | Hits: 129
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
.... 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.......firming those dated 16-2-97 passed by the Family Judge-cum Assistant Judge, First Court, Patiya, Chittagong in Family Suit No.31 of 1996 should not be set aside. 2. The only question that survives for determination in this Rule is whether the concurrent decision of the Courts below warrant any in...... 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.......Badrul Huq J Nurul Abser Chowdhury……………….Petitioner 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. Khurshi..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... 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. ......ent Bank but eventually the loan was not repaid by the borrower as a result Islami Bank Bangladesh Limited (herein after referred to as respondent bank) instituted Artha Rin Adalat Suit No.29 of 2005 for realization of loan amount of Tk. 51,73,81735.02 before the Artha Rin Adalat, 1st Court, Chittag...... 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. ......All 273; 34 DR 418; AIR 1986 SC 391; Chinna Mal Vs. Arumuughon, AIR 1990 SC 1828 para 10 and 11; Govinda Rao Vs. Devi Sahay, AIR 1982 SC page 989 para 60 and 61; AIR 1932 642; AIR 1993 (Kant) 359. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, M Qumrul Haque Siddique, Tushar Kanti R..Category: Civil Law | Date: | Hits: 235
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