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....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.
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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
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....nt Md. Abdur Rashid J. - This application at the instance of the decree holder is made under section 151 of the Code of Civil Procedure for recalling and/or vacating the direction given vide order dated 22-10-2001 by this Division in above Civil Order No. 5742 for stay of further proceedings in O......e is established the Court will be astute to ensure that a plaintiff who obtains [ex parte injunction] without full disclosure……………. is deprived of any advantage he may have derived by that breach of duty” 16. In Lazarus Estate Ltd. Vs. Beasley, 1956(1) QB 702), Lord Denning observed ..Category: Civil Law | Date: | Hits: 125
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
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......ding by the trial Court that the tender of pardon given to the appellant has been forfeited which is sine qua non for prosecuting an approver and as we have already shown that actually there was no breach of the condition on which pardon was tendered, the prosecution of appellant Angur is theref..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
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....ocate—For Respondent Nos. 4. Writ Petition No. 628 of 2000. Judgment Kazi AT Monowaruddin J. - This Rule was issued calling upon the respondents to show cause as to why the impugned letter dated 21-6-1999 (Annexure G to the petition) shall not be declared to have been made without any law......f of the yearly rent and, not only that, he has been occupying one godown out of the 3 godowns since 1992 till now without paying any rent whatsoever. Mr. Ahmad argues that even then, if there be any breach of the contract the petitioner can go for specific performance of the contract or for damages..Category: Property Law | Date: | Hits: 22
..... 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
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....is Sarwar Garments Ltd., a company incorporated under the Companies Act. In Writ Petition No. 2718 of 2001 the petitioner has impugned an order vide Memo No. 5(13)29/Bond-Commi/Investigation/2001/840 dated 21-5-2001 issued by the respondent No. 2, i.e. the Commissioner, Customs Bond Commissionerate,......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420...Category: Fiscal/Taxation Law | Date: | Hits: 63
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....te—For the Opposite Parties. Civil Revision No. 5361 of 1991 with Civil Revision No. 5361 of 1991. Judgment Gour Gopal Saha J.- These two Rules are directed against the judgment and decree dated 28-9-1983 (decrees signed on 1-11-1986) passed in Other Appeal Nos. 2 of 1986 and 3 of 1986, h......the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409...Category: Civil Law | Date: | Hits: 69
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