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Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Nozrul Islam Chowdhury J Anwarul Haque J Ayat Steels Limited…………………Appellant Vs. Mohammad Ali…………………Respondents Judgment February 6, 2011. Result: The appeal is......lant brought FMAT No.288 of 2010 subsequently re-numbered as FMA No.137 of 2010 and upon a separate application for injunction this Court issued Civil Rule No.421 (fm) of 2010 on 21-7-2010 with an ad-interim order of injunction upon the opposite party Nos. 1-3 i.e. respondent Nos. 1-3. The said appe......e said Execution Case No.340 of 2005 which was rejected summarily on 4-6-2008 by a Division Bench of this Court, thereafter the petiÂtioner Salam and Company being aggrieved by the said judgment and order dated 4-6-2008 passed by the High Court Division in Writ Petition No.4070 of 2008 preferred Ci...... 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
....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.
......cate - For the Respondent No.3.
Customs Appeal No. 04 of 2010.
Judgment
Md. Ashfaqul Islam J.- This is an application under section 5 of the Limitation Act for condonation of delay. From the order sheet it appears that the Customs Appeal No.04 of 2010 has been filed before this Division on ......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)
....ith any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......s acquitted of the charge. Let the condemned prisoner be set at liberÂty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......demned prisoner Manik Bala under section 302 of the Penal Code in SesÂsions Case No.4 of 1987 by his judgment dated 23.4.87. The condemned prisoner has also filed an appeal from the jail against the order of conviction and sentence passed against him by the learned SesÂsion Judge. Both the Referen......s acquitted of the charge. Let the condemned prisoner be set at liberÂty 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)
....gh and sons and another Vs. Ram Chand Issardas, AIR 1925 Sind 342; YAJ Noorul Hai and anothers Vs. SPLKR Karuppan Chettiyar, AIR 1925 PC 232; Addonzi Narayanappa and another Vs. Bhaskar Krishnappa (dead) and others, AIR 1966 SC 1300; Seodayal Khemka and another Vs. Jahar Mull Man Mull and others, AI......em. In the face of our findings in respect of Ext. W and Z series the appliÂcation is not maintainable. Accordingly, it is rejectÂed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......ime to be fixed by the Court; (b) that on failure of the defendant Nos.1 and 2 to execute and register the necessary deed of sale and/or the partnership deed within the time fixed by the Court, an order may kindly be passed for execution and registration of the same through Court at the expense o......em. In the face of our findings in respect of Ext. W and Z series the appliÂcation is not maintainable. Accordingly, it is rejectÂed. 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)
....is the Assistant Teacher of the Crescent High School of the Crescent Jute Mills Co Ltd. within the Town Khalishpur, Khulna and the said Mill, being a nationalised industry, is a component of the Bangladesh Jute Mills Corporation. He was appointed on 7-1-69 as the teacher of that school by the then m...... 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.......ondent No.2. Writ Petition No.35 of 1986. Judgment Md. Abdur Rouf J. - The petitioner obtained this Rule Nisi on 22-1-86 calling upon the respondent to show cause as to why the decision and order of the Labour Court, Khulna Division, passed in Case No.IRO. 24/82 should not be declared to h...... 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)
....alilur Rahman (Md.) alias Ismail………Petitioner Vs. State represented by the Deputy Commissioner, Dhaka………Opposite Party Judgment May 20, 1999. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad and Md. Joynul Abedin, Advocates — For the Petitioner. Abul Hossain Az......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. ......ribunal No.16, Dhaka for trial. 4. The learned Special Tribunal Judge on receipt of the case record framed charge on 24-4-1995 under section 25B(a) and section 25D of the Special Powers Act by his order No.9 and fixed 19-6-1995 for trial. 5. The petitioner being aggrieved by the aforesaid proc......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)
.... Md. Fazlul Haque J Muzaffar Ali and another…………..Petitioners Vs. Monwara Hospital & others..........Opposite Parties Judgment August 21, 1997. Result: The Rule is made absolute. Cases Referred to- 43 DLR (AD) 107; 43 DLR (AD) 160. Lawyers Involved: Sul......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....... Md. Roushan Ali with Md. Rabiul Karim, Advocates - For the Opposite Party No.2. Civil Revision No.1718 of 1935. Judgment Md. Fazlul Haque J.- This Rule is directed against the judgment and order dated 25-2-95 passed by the Additional Subordinate Judge Court, Dhaka in title suit No.62 of 1......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
....999) (HCD) 339.
......issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
......On an application made by the petitioner under Article 102 of the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the order as contained in Memo No.06/Estate/180(Part)-4/488/1(10) dated 14-5-97 issued under the signatu......issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......er to pay the bill the opposite party No.1 filed ArbiÂtration Miscellaneous Case No.11 of 1999 against the Bangladesh T&T Board and the opposite party Nos. 2 to 4. Ultimately the Court passed an order under section 20(1) of the Arbitration Act, 1940 appointing Mr. Saifuddin, retired Engineer, P......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
.... by the accused persons on their shoulders with the help of a bamboo to the house of accused Serajul Islam where also the victim was severally assaulted resulting in his death. After his death, the dead body of Waliullah was thrown at a place known as takuna to the south of Sujatpur High School. P.W......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......eal No.2266 of 1991 with Criminal Appeal No.2229 of 1991. Judgment Md. Abdul Karim J.- Criminal Appeal No.2266 of 1991 and Criminal Appeal No.2229/1991 are directed against the Judgment and the order dated 27.10.91 passed by the learned Sessions Judge, Feni in Sessions Case No.4 of 1990 convic......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....e. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......udgment and decree dated 20-10-90 passed in Other Suit 50 of 1986 by the Subordinate Judge, Cox’s Bazar, dismissing the suit. 2. Opposite parties 1-9 instituted the suit for declaration that the order pussed by the Additional Deputy Commissioner Chittagong on 4-4-84 in Settlement Appeal Case 15......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..Category: Property Law | Date: | Hits: 105
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....on. Lawyers Involved: Shaukat Ali Khan, Advocate — For the Appellant. Syed Abu Kowser, Assistant Attorney-General — For the State. Criminal Appeal No.431 of 1993. Judgment Mohammad Gholam Rabbani J.- Aleya Begum (P.W.1) came to the local Police Station on 11-6-91 at 2-15 PM and......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......4, 326, 302, 114 of the Penal Code. Subsequently, charge sheeted accused persons were placed on trial before the Court of Sessions Judge, Faridpur, in Sessions Case No.70 of 1991. By the judgment and order dated 1-12-92 learned Sessions Judge convicted Humayun under section 302 of the Penal Code and......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ..Category: Criminal Law | Date: | Hits: 108
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....um……........Petitioner Vs. Government of the Peoples Republic of and others..............Respondents Judgment May 19, 1998. Case Referred To- Md. Shoaib Vs. Government of Bangladesh, 27 DLR 315. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioner. Md....... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426....... being constructed by Dhaka Municipal Corporation and Dhaka Municipal Corporation threatened the petitioner with dispossession and as such, the Corporation has been impleaded as respondent No.4 by an order of this court dated 25-4-88. It is stated that this Court directed the parties to maintain sta...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....ule, at the instance of the plaintiff is directed against Order No.2 dated 17-11-96 in Other Suit No.146 of 1996 passed by Senior Assistant Judge. Acting Judge of the First Court of Assistant Judge, Sadar, Chittagong, in Other Suit No.146 of 1996. 2. In an application under section 115(1) of the ......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......resent: Md. Fazlul Karim J Zagir Hussain ………........Petitioner Vs. Aminul Haque and others………………. Opposite Parties Judgment May 4, 1999. Result: The impugned order is set aside. Cases Referred to- Sunahar Ali Vs. Akuali, PLD 1957 (Dhaka) 603; Narsid......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425...Category: Procedural Law | Date: | Hits: 178
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....is Case is also Reported in: 51 DLR (HCD) (1999) 420.......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420....... Petitioner. Not Represented —For the Opposite party. Civil Revision No.37 of 1990. Judgment Md. Joynul Abedin J.- This Rule obtained by the plaintiff-petitioner is directed against the order dated 17-10-1989 passed by the Assistant Judge in Title Suit No.159 of 1984 accepting the addi......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420...Category: Procedural Law | Date: | Hits: 148
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....¦..............Petitioner Vs. Waziullah………...........Opposite Party Judgment July 8, 1998. Result: The Rule is discharged. Cases Referred to- Purvada Satyanarayan Amurthy Vs. Gadeppalli Sundara Rao, AIR 1938 (Madras) 603. Lawyers Involved: ......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......For the Opposite Party. Civil Revision No.1386 of 1998. Judgment Md. Ali Asgar Khan J.- This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 27-4-98 passed by the learned Senior Assistant Judge, Daudkandi, Comilla in allowing Mis......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418...Category: Procedural Law | Date: | Hits: 131
.... (HCD) (1999) 412.
......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......ppellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal is dismissed without any order as to costs.
Cases Referred to-
Sankara Lings Vs. Ratnaswami, AIR 1952 Madras 389; Qazi ......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....s below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ....... Kaiseruddin Ahmed, Deputy Attorney General - Amicus curiae. Civil Revision No.285 of 1988 with 520 of 1988. Judgment Muhammad Ansar Ali J.- These two Rules arise out of the same and one order, namely, Order No.55G dated 19.5.87 passed by the learned District Judge, Bogra by which about......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
..........................................Petitioner Vs. Election Commission & others..........................................Respondents Judgment May 2, 1989. Result: The Rule is made absolute. Case Referred to- Kanta Devi and another Vs. State of Rajasthan and others, AIR ......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......on before the Election Commission stating that polls on 10.2.88 at Chapair High School polling centre at ward No.3 was disturbed and re-poll should take place there. The Election Commission passed an order on 18.6.88 reÂjecting the prayer of the respondent No.4 and acceptÂing the report of the Pre......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486...Category: Election Law | Date: | Hits: 216
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....er, Advocate - For Respondent No.6. Writ Petition No. 488 of 1988. Judgment Mustafa Kamal J.- This Rule Nisi obÂtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order dated 13.1.88 Annexure B passed b......ettled that Martial Law is not a part of the constitutional scheme of this counÂtry. It is an extra-constitutional dispensation. It is a temporary measure, a short-term arrangement. It meets only an interim need. When it leaves, it usualÂly legalises all past actions for purposes of immuniÂty, wi......of 1988. Judgment Mustafa Kamal J.- This Rule Nisi obÂtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order dated 13.1.88 Annexure B passed by the Upazilla Nirbahi Officer, respondent No.5 allowing resp......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484...Category: Election Law | Date: | Hits: 220
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