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Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)

....ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......of Jibannagar P.S. Case No. 3 dated 16.11.1998 corresponding to G.R. Case No. 243 of 1993 convicting the appellant under section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 (ten) years. 2. The Prosection Case, in short, is that, on 16.11.1999 the informant Md. Na......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......…………………………………………Respondent Judgment July 5, 2011. Result: The Appeal is allowed. Case Referred to- Aslam Jahangir Vs. The State, XX BLD (HCD) 426. Lawyers Involved: Md. Aminul Ahsan - For the appellant. Abdus Salam Mondal, Deputy Attorney Ge..

Category: Criminal Law | Date: | Hits: 95

Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)

.... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ...... 1/2003 directing the defendant-judgment-debtor-opposite party to restore possession of the land in the decree to the plaintiff-decree-holder-petitioners should not be set aside. 2. Facts relevant for disposal of the Rule, in short, is that the petitioners as plaintiffs instituted Title Suit No. ...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ...... absolute. Cases Referred to- Ajiran Nessa Bewa Vs. Md Abdul Mannan, 45 DLR 66 = 1992 BLD 323; Safar Ali Miah Vs. Badsha Siddique, 45 DLR 483; Sashi Mohan Sen Vs. Ain Ullah, 1992 BLD (AD) 8. Lawyers Involved: GM Azizur Rahman, Advocate - For the Petitioners. No one - For the Opposite ..

Category: Civil Law | Date: | Hits: 100

Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)

.... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242.......: Mahbubey Alam, Senior Advocate with (J. N. Deb, Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioners. For Respondents—Not represented. Civil Petition for Leave to Appeal No. 1762 of 2009. (From the judgment and order dated 2nd June, 2009 passed by...... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242................................Petitioners Vs. Md. Foyzur Rahman and others………………………………………..Respondents Order January 23, 2012. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, Senior Advocate with (J. N. Deb, Advocate), instructed by Chowdh..

Category: Property Law | Date: | Hits: 87

Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)

.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......a suit in the Court of the Subordinate Judge, Sylhet being Title Suit No.151 of 1977, subsequently renumbered as Title Suit No.174 of 1992 on transfer to the Court of Assistant Judge Sylhet praying for a declaration that the orders dated 13-11-1976 and 16-4-1977 passed in Miscellaneous Case No.2...... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......l Haq and others……………………Petitioners Vs. Maloti Bala Dey & others……………………Opposite Parties Judgment May 4, 1998. Result: The Rule is discharged. Lawyers Involved: Md. Faruque Ahmed, Advocate - For the Petitioner. Idrisur Rahman, Advocate -..

Category: Property Law | Date: | Hits: 88

Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)

.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......of the 4th court of learned Subordinate Judge, Dhaka, (subsequently re-numbered as Title Suit No.107 of 1988 of the Court of learned Subordinate Judge, Dhaka) against defendant No.1 A Satter Solaiman for specific performance of contract. Plaintiff Asaduzzaman died on 8-12-1991 (after dismissal of th...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......s (Bangladesh) Ltd. Vs. Bangladesh, 31 DLR (AD) 266; Asaduzzaman Vs. Bangladesh, 36 DLR (AD) 108; Fazle Karim and others Vs. Government of Bangladesh and others, 16 BLD (AD) 9 = 48 DLR (AD) 178. Lawyers Involved: Khandakar Mahbubuddin Ahmed with SM Munir, Fida M Kamal, Advocates - For Petiti..

Category: Property Law | Date: | Hits: 89

Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)

.... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ......rties. Civil Revision No. 66 of 1996. Judgment Abu Sayeed Ahammed J.- This Rule has been issued at the instance of the plaintiffs in Title Suit No.207 of 1982 which was dismissed on contest, for a declaration that two kabala deeds which were registered on 6-6-81 in the sub-registry Office, ...... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ......ter and another, 16 BLD 375; 33 DLR (AD) 1; Hosna Banu and others Vs. Keamat Ullah Malitha and others, 18 BLD (AD) 10; Seth Suganmal and others, Vs. Mt. Umraobi and others, AIR, 1938 (Nagpur) 550. Lawyers Involved: Hasan Foiz Siddique, Advocate - For the Petitioner. Md. Osman Gani, Advocate..

Category: Procedural Law | Date: | Hits: 105

Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)

.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......feree-petitioners question the propriety of the order dated August 2, 1993 passed by the learned Assistant Judge, Sathkhira in Title Suit No.4 of 1991 refusing to implead them as defendants in a Suit for declaration of title and confirmation of possession and also a declaration that kabala deeds dat...... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......Dassi and another, AIR 1958 SC 394; Udit Narain Singh Malpaharia Vs. Additional Member, Board of Revenue, Bihar and another, AIR 1963 SC 786; Munshi Ram Vs. Narsi Ram and another, AIR 1983 SC 271. Lawyers Involved: SH Md. Nurul Huda Jaigirdar, Advocate - For the Petitioner. PC Guha, with Pu..

Category: Procedural Law | Date: | Hits: 74

Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)

....ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......al No. 95 of 1967 affirming the judgment and decree dated 18.3.1967 passed by Subordinate Judge, 2nd Court, Comilla in Title Suit No. 69 of 1965. 2. Respondent Nos. 1‑14 as plaintiffs filed the aforesaid suit of partition of the suit property claiming plaintiffs No. 1‑13 as heirs of one of th......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.....................................Appellants Vs. Julekha Khatoon and others............................Respondents Judgment November 21, 1994. Result: The appeal is allowed in part. Lawyers Involved: Amir Hossain with Farzana Hoque, Advocates ‑ For the Appellants. Abdul Kud..

Category: Procedural Law | Date: | Hits: 85

Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)

....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......per. 2. The prosecution case, in brief, is that on 16.5.89 an FIR was lodged with the Fakirhat PS by one Md. Serajul Islam to the effect that on the night following 15.5.89 at about 11.00 PM the informant's maternal uncle Motaleb Shikari was shot in the thigh through the open window. Rabeya Begum......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......scharged. Cases Referred to- Ramjoy Mondal & others Vs. State, 37 DLR 252; Nayan @ Fazlul Huq Vs. State, 38 DLR 415; Aktar Ali Vs. State, 1987 BLD 135; Ekramul Hoq Vs. State, 40 DLR 139. Lawyers Involved: MA Aziz with M Rezaul Karim, Advocates - For the Petitioner. Md. Latifur Rah..

Category: Procedural Law | Date: | Hits: 80

Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)

....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......f by the following one judgment. 2. The trial Court decreed both the suits in part but the lower appellate Court decreed the suit of the present plaintiff‑respondent in full allowing specific performance of the contract and dismissing the other suit of the present appellant for declaration of t......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......thers Vs. Farida Hasan, 1984 BCR (AD) 127; Tobarak Ullah Vs. Ram Gupta, 43 DLR (AD) 100; ML Devender Singh and others Vs. Syed Khaja, AIR (SC) 2457; Satya Narayana Vs. Yelloji, AIR 1965 (SC) 1405. Lawyers Involved: Miah Abdul Gafur with NK Saha and Abbasuddin Ahmed, Advocates ‑ For the Appel..

Category: Procedural Law | Date: | Hits: 129

Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)

.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ...... passed by the then Secretary of the Muktijudda Kalyan Trust accepting the petitioner's resignation more than one year after it was submitted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring the impugned memo to have been made without ...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ...... 35 DLR (AD) 203; Dr. M. O. Ghani, Vice-Chancellor, Dacca University Vs. Dr. ANM Mahmood, 18 DLR (SC) 463; Bangladesh Vs. Shamsuddin Ahmed, 1 ADC (2004) 144; AIR 1984 (SC) 1826; AIR 1970 (SC)1767. Lawyers Involved: Lt. Cdr. (Retd.) AHM Mahmud (In person)—For the Petitioner. AKM Nazrul Isl..

Category: Employment/Service Law | Date: | Hits: 156

Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)

....er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......ecial District Judge, and Paribesh Adalat, Dhaka refusing to comply the order dated 6-6-2006 passed by learned District Judge, Dhaka. 2. Material facts are that the plaintiff instituted the suit for permanent injunction which was dismissed by the trial Court. Against which Title Appeal No.392......er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......and another...........................Petitioners Vs. Md. Ali Hossain Prodhan.............................Opposite party Judgment August 20, 2009. Result: The Rule is discharged. Lawyers Involved: Golam Arshed, Advocate—For Petitioners. No one appears—For the Opposite..

Category: Civil Law | Date: | Hits: 95

Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)

....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......estion the legality and propriety of the judgment and order dated 17-1-2002 passed by the learned Joint District Judge, First Court, Chittagong, in Title Suit No.41 of 2000, allowing an application for amendment of the plaint. 2. Short facts leading to this Rule are that on 22-3-2000 opposite p......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......hury Vs. Saleha Begum, 1997 (AD) 86=2 BLC (AD) 20; SN Roy Chowdhury Vs. A Jabber, 1994 BLD 229 =46 DLR 273; Moyjuddin Mondol Vs. Bena Rani Das, 45 DLR 154; MA Jahangir Vs. Abdul Malek, 41 DLR 389. Lawyers Involved: Kamal-ul-Alam, Advocate—For the Petitioner. Rabi Shankar Chakraborty, Advo..

Category: Procedural Law | Date: | Hits: 90

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ...... matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ....... UP University Colleges Pensioners Association, AIR 1994 SC 2311; Anwar Hossain Chowdhury's case, 1989 BLD (Special Issue) 1=41 DLR (AD) 165; Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111. Lawyers Involved: Dr. Zahir with Rokan uddin Mahmud, Nihad Kabir, Md. Asaduzzaman, Foyez Ah..

Category: Constitutional Law | Date: | Hits: 270

Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)

....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......order or orders passed as to this Court may seem fit and proper." 2. In the writ petition, it has been stated that the respondent No.2 Bangladesh (Freedom Fighters) Welfare Trust constituted for the Welfare of the freedom fighters and particularly the disabled (incapable of pursuing any nor......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......e process of law and if there is any plan to stop the privilege, the beneficiaries must be served with notice or given opportunities to show cause in this regard…………………………(25) Lawyers Involved: Syed Haider Ali, Advocate - For the Petitioner. JK Paul, Advocat..

Category: Others | Date: | Hits: 149

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......he appellant Life Insurance Company being holding No.13/20, Motijheel Commercial Area Circle No.13 of the Dacca Municipality at Rs. 4,26,200/- under the East Pakistan Municipal Taxation Rules, 1960 for the year 1970-71 and on the basis of the valuation assessed quarterly tax at Rs.12,786/- for the......s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......ian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell Lipuors Ltd.; Baldwin and Francis Ltd. Vs. Patent Appeal Tribunal. Lawyers Involved: Hafizullah, Advocate – For the Appellant. Mustafa Kamal, Advocate, with AK..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272....... under section 3 of the Ordinance on due approval of the Memorandum of Articles of Association of appellant—the Association, which were amended several times at the instance of the Government before the licence was granted. The chief business of the Association is weighment and measurement on ......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......Vs. Govt. of East Pakistan, (1965) 17 DLR (SC) 209; PLD 1964 SC 673; Abdur Rahman Vs. Collector and Deputy commissioner, (1964) 16 DLR (SC) 461; Eidge Vs. Baldwin and others, (1963) 2 All R.R. 66. Lawyers Involved: Hamidul Huq Chowdhury, with Asrarul Hussain, Senior Advocates, Md. Khalilur Rah..

Category: Business or Commercial Law | Date: | Hits: 208

State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)

.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......or the Petitioner. Ruhul Quddus, Advocate, instructed by Md. Abu Siddique, Advocate-on-Record—For the Respondent Nos.1 & 2. For the Respondent No.3—Not represented. Criminal Petition for Leave to Appeal No. 533 of 2011. (From the judgment and order dated 23rd March, 2011 passed b...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......��………………………..Petitioner Vs. Monsur Alam alias Mon Miah and others……………………………Respondents Order December 5, 2012. Result: Leave is granted. Lawyers Involved: Karunamay Chakma, the Deputy Attorney General, instructed by Mrs. Sufia Khatun,..

Category: Criminal Law | Date: | Hits: 122

Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)

....erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......ord—For the Petitioner. Ferozur Rahman, Advocate, instructed by Advocate-on-Record—For Respondent Nos.1 (ka) to (gha) and 3-5. Respondent Nos.2 and 6-11—Not represented. Civil Petition for Leave to Appeal No.2326 of 2009. (From the judgment and order dated 19.04.2009 passed by the ......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ...... Vs. Abdul Majid being dead his heirs:Mizanur Rahman (Minor) and others............................................Respondents Order February 27, 2012. Result: Leave is granted. Lawyers Involved: Abdus Salam Mondal, Deputy Attorney General, instructed by Mr. B. Hossain, Advo..

Category: Property Law | Date: | Hits: 93

IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)

....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......t Judge, Dhaka in Transfer Miscellaneous Case No.918 of 2005 rejecting an application tiled by the opposite party No.1-petitioner under section 151 of The Code of Civil Procedure. 2. Facts leading for disposal of this Rule are that, plaintiff i.e. the petitioner filed Artha Rin Suit Nos.49 of 200......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......gust 12, 2010. Result: The Rule is made absolute Cases Referred to- BHBFC Vs. Shahid Sarwar Abu Hossain, 9 BLT 289=6 BLC 751; BHBFC Vs. Jahanara Begum, 16 BLD (AD) 231=49 DLR (AD) 80. Lawyers Involved: AQM Safiullah, Advocate—For the Petitioner. No one appears—For the Oppos..

Category: Procedural Law | Date: | Hits: 126

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