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Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)

....li Sikder, Advocates, — For Respondent No.1. First Miscellaneous Appeal No. 145 of 2002. Judgment Md. Abdur Rashid J. - This appeal was presented by defendant Nos. 1 and 2 against an order dated 22-1-2002 passed by Joint District Judge, Court No. 3 at Chittagong in Other Suit No. 217 of 2......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515...

Category: Property Law | Date: | Hits: 33

Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)

.... Court of the Assistant Judge Hatia, Noakhali. Section 96 of the State Acquisition and Tenancy Act, 1950 obliges a pre-emptor to file his application for pre-emption, within 4 months, either from the date of transfer of the ‘case land’ to the transferee or from the date of knowledge of such tran......ngness to make parties the persons who have been described by his adversary as the co-sharers of the case holding. He has claimed that, at 61, he is still a bachelor; he has been obliged to defer his marriage, as he has no house where he could have established his matrimonial home. I see no relevanc..

Category: Property Law | Date: | Hits: 37

Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)

.... has submitted that cognizance was taken by the learned Magistrate under section 138 of the Negotiable Instruments Act, 1994, but according to him, legal notice was not served within 15 days from the date of dishonoring the cheque issued by the accused petitioner. So, he has argued that taking of co......d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ..

Category: Criminal Law | Date: | Hits: 28

Bangladesh Shipping Lines Ltd. Vs. Commissioner of Customs, Chittagong and others, 2002, 31 CLC (HCD)

....n, Advocate‑ For Opposite Party No. 3. Civil Revision No. 5243 of 2000. Judgment Md. Abdur Rashid J.- This Rule arises out of an order of the Third Court of Subordinate Judge at Chittagong dated 13‑8‑2000 passed in Other Suit No. 23 of 1999, which rejected an application for amendment......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ..

Category: Procedural Law | Date: | Hits: 60

Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

....tate. Criminal Appeal No.281 of 1986 Re-Criminal Appeal No. 46 of 1998 Judgment Md. Abdul Aziz J. - This criminal appeal is directed against the impugned judgment and order of conviction dated 26-8-86 passed by the learned Sessions Judge Perojpur on Sessions Case No. 21 of 1986 convicti...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502...

Category: Criminal Law | Date: | Hits: 30

Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)

.... was obtained by the preemptor- petitioner of the Miscellaneous Case No. 36/1994 upon making an application for revision under section 115(1) of the Code of Civil Procedure against judgment and order dated 13-7-1998 passed by the learned District Judges, Serajganj in Miscellaneous Appeal No. 37 of 1......, as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ..

Category: Procedural Law | Date: | Hits: 75

Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)

.... Md. Nurul Islam Chowdhury, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1 & 3-31. Civil for Leave to Appeal No. 2281 of 2009. (From the judgment and order dated 02.07.2008 passed by the High Court Division in F. M. A. No.168 of 2001.) Judgment Md. A......ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ..

Category: Trust/Waqf Law | Date: | Hits: 183

Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)

....on-Record- For the Appellants. Saheed Alam, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent. Civil Appeal No.197 of 2004. (From the judgment and order dated 04.07.1999 passed by the High Court Division in Writ Petition No.705 of 1998.) Judgment ...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ..

Category: Employment/Service Law | Date: | Hits: 80

Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)

.... T.H. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents (In both the appeals). Civil Appeal Nos. 149-150 of 2005. (From the judgment and order dated 14.12.2004 passed by the High Court Division in Writ Petition Nos. 5512, 4338 of 2003 with Wri......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505...

Category: Property Law | Date: | Hits: 28

Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)

....r. Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 1515 of 2009. (From the judgment and order dated the 20th day of May, 2009 passed by the High Court Division in Civil Revision No.4741 of 2006)......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707...

Category: Property Law | Date: | Hits: 42

Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)

....No. 3612 of 2001. Judgment Md. Abdur Rashid J. - This Rule was obtained by the defendant upon making a revision application under section 115 of the Code of Civil Procedure against order No. 17 dated 14-6-2001 passed by Subordinate Judge, Court No. 4 in Title Suit No. 296 of 2000, which reject......d above, on 12-10-2000 opposite party No. 1 instituted the family suit before the Family Court for dower and maintenance. The petitioner has already appeared and filed a written statement denying his marriage with her. He has got every opportunity to challenge the ‘kabinnama’ and the solemnisati..

Category: Family Law | Date: | Hits: 185

Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)

....85 were instituted on 27-9-83 and 18.4.85 respectively. Both the suits were de­creed by the learned Munsif by separate judgments on 30.8.86, but the learned District Judge also in separate judgments dated 26.2.87 allowed the appeals and dismissed the suits. 2. Both the petitioners Md. Shahabuddi......he result, the Rules issued in Civil Re­vision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...

Category: Employment/Service Law | Date: | Hits: 76

Angur Vs. State, 1988, 17 CLC (HCD)

....e order of conviction and sentence passed by Mr. Binoy Kumar Bose, As­sistant Sessions Judge, 4th Court, Kishoreganj in Sessions Case No. 163/80. The learned Assistant Sessions Judge by his Judgment dated 29.6.85 found appellant Angur guilty of the offence punishable un­der sections 395/397 of the......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66...

Category: Criminal Law | Date: | Hits: 42

Abdul Mukit Chowdhury Vs. The Chief Election Com­missioner & others, 1988, 17 CLC (HCD)

....wrote a report stat­ing that he could not count the ballots at the Centre and he was forced to sign the result sheet upon threat and intimidation. The Returning Officer of the Upa­zila by his Memo, dated 13-2-88 addressed to (nil) stated that the elections in (1) Ali Nagar Union Pari­shad (2) Bea......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57...

Category: Election Law | Date: | Hits: 119

Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)

....n No. 25 of 1997. Judgment Md. Awlad Ali J. - This reference under section 160 of the Income Tax Ordinance, 1984 at the instance of the Commissioner of Taxes Zone-7 Dhaka arises out of an order dated 9-9-96 passed by the Taxes Appellate Tribunal, Single Bench, Dhaka in ITA No. 2534/95-96, for ......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ..

Category: Fiscal/Taxation Law | Date: | Hits: 55

Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)

.... Habibul Islam Bhuiyan, Senior Advocate with Aminul Islam, Advocate—For the Respondent No.1. First Appeal No. 73 of 1992. Judgment ABM Khairul Haque J. - This appeal arises on the judgment dated 27-2-1992 and decrees 1-3-1992 passed by the Judge, Artha Rin Court Kishoregonj, in Artha Rin ......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458...

Category: Civil Law | Date: | Hits: 79

Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)

.... is found necessary and expedient in the facts of the case. The learned trial Court is directed to dispose of CR Case No. 133 of 1999 as expeditiously as possible, preferably within 3 months from the date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once fo......he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457...

Category: Procedural Law | Date: | Hits: 61

Duran Begum Vs. DC and Magistrate, 2nd Class, Railway Lands and Buildings and others, 2000, 29 CLC (HCD)

..... 53, 558, 557 and RS plot Nos. 1810, 1811 were recorded in the name of Dilu Bepary and thereafter, the heirs of Dilu Bepary made partition of the land amongst themselves by registered partition deed dated 20-5-1948 under Serial No. 3325 which was recorded in Book No. 1, Volume 38 pages 9-12 of the ......dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 448...

Category: Property Law | Date: | Hits: 22

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)

....arties. Civil Revision No. 110 of 1994. Judgment MA Wahhab Miah J. - This Rule was obtained by the heirs of deceased defendant Nos. 7, 8 and other defendants against the Judgment and decree dated 31st October, 1993, passed by the District Judge, Lakshimpur in Title Appeal No. 44 of 1989 re...... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440...

Category: Property Law | Date: | Hits: 23

Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)

....inant filed a petition of complaint before the Senior Special Judge, Cox’s Bazar alleging, inter alia, that on 29-12-91 he went to the Court of Thana Magistrate, Chokoria for inquiry about the next date and position of GR Case No. 25 of 1991 and Chokoria PS Case No. 14(9) of 1991 instituted by his......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436...

Category: Criminal Law | Date: | Hits: 62