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Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
....Advocate - For the Respondent No.1. Rule No. 2(CA) of 2008. (Arising out of Customs Appeal No.17 of 2007). Judgment Zinat Ara J.- On an application under section 5 of the Limitation Act made by the Commissioner of Customs, Chittagong, a rule was issued calling upon the respondents to sh......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......oms, Chittagong, a rule was issued calling upon the respondents to show cause as to why the delay of 314 days in presenting the Customs appeal should not be condoned and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The respondents imported some motor ......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ..Category: Procedural Law | Date: | Hits: 111
....
Cases Referred to-
IFIC Bank Vs. Abdul Quayum, 4 BLC (AD) 255; Ismat Zerin Khan Vs. World Bank, 11 MLR (AD) 58 = 58 DLR (AD) 1; Rupali Bank Ltd. Vs. Md. Arab Ali, 7 BLC (AD) 1; 7 BLD 365; Bangladesh Small Industries Corporation, Dhaka Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; Burmah Easte......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......intiff of the suit.
2. The appellant as plaintiff on 8-4-2007 instiÂtuted Title Suit No.83 of 2007 in the 5th Court of Joint District Judge, Dhaka against the respondents for declaration that the order dated 5-7-1994 termiÂnating the plaintiff from the service of the defendant No.1. Bank from t......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
.... Judgment January 9, 2011. Result: The rule is discharged. Cases Referred to- Zahirul Islam Vs. National Bank Ltd, 46 DLR (AD) 191; Gazi M Towfiq Vs. Agrani Bank, 54 DLR (AD) 6; Bangladesh Agricultural DevelopÂment Corporation Vs. Artha Rin Adalat, 59 DLR (AD) 6; Edruk Limited Vs. ......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......hallenged the initiation of the proceeding of Artha Jari Case No.214 of 2007 without drawing up final decree as well as Order No.4 dated 29-11-2007 for issuance of sale proclaÂmation without passing order of sale as required under Order XXI, rule 64 of the Code of Civil Procedure and the successive......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ..Category: Civil Law | Date: | Hits: 269
.... Original Jurisdiction)
Present:
Mustafa Kamal J
Nurul Huque Bhuiyan J
Md. Fazlur Rahman & others…………………Petitioners
Vs.
Government of the People's Republic of Bangladesh repreÂsented by the Secretary, MiniÂstry of Home Affairs, Dhaka & others……………â...... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459.......was serving as Naib Subedar in the same outpost on 1.1.86.
3. Their common case is that on 1.1.86 at about 10 P.M. the respondent No.3, the Sector Commander, Dinajpur made a surprise visit to the border areas of the said Boirchuna border outpost. The petitioner No.1 states that the said responden...... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459...
Category: Others | Date: | Hits: 167
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....se. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......e said dues and also for realisation of damages and interest till the realisation of the total amount due to the Bangladesh Shilpa Bank. The District Judge, Pabna by his order dated 13-5-78 passed ad-interim order of attachment of the machineries of the said Oil Mill. The Court through its officer o......ectors for realiÂsation of the said dues and also for realisation of damages and interest till the realisation of the total amount due to the Bangladesh Shilpa Bank. The District Judge, Pabna by his order dated 13-5-78 passed ad-interim order of attachment of the machineries of the said Oil Mill. T......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....ji Karamat Ali Master.........................Petitioner Vs. Lehajuddin Talukder & others .......................Opposite Parties Judgment November 2, 1988. Result: The Rule is made absolute. Lawyers Involved: P.C. Guha, Advocate - For the Petitioner. Matiar Rahman Kha......d cancelled. A copy of the deÂcree be sent to the Sub-Registrar concerned for necesÂsary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......g failure of justice. In such view of the matter the impugned judgment and decree cannot be sustained in law and are liable to be set aside. 9. In the result, the Rule is made absolute without any order as to costs. The impugned judgÂment and decree passed by the learned Subordinate Judge, Bargu......d cancelled. A copy of the deÂcree be sent to the Sub-Registrar concerned for necesÂsary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447...Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....uraiya Hossain and Mrs. Taherunnessa, concerning the same residential house, namely, 19, Kakrail P.S. Motijheel, Dhaka of which house Dr. Suraiya Hossain is a tenant and Mrs. Taherunnessa is the landlady and these cases having arisen between the same parties, concerning the same properties, over the......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441....... Hoque Chowdhury J.- These Civil Revisional applications being Revision Nos.471 of 1987; 561 of 1987 1986 have been heard one after another. 2. Civil Revision No.471 of 1987 is directed against an order and judgment dated 5.2.1987 passed by the learned Addl. District Judge, 1st. Court, DhaÂka in......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441...Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....ourt Division (Dhaka) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Jalaluddin............................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government Rural Development & Cooperatio......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......mÂplied with those urban areas cannot be included in the Sylhet Pourashava and the residents of those areÂas will elect their representatives under the Union Parishads Ordinance as before. 7. In order to consider the first submission of Mr. Hannan let us quote the relevant provisions of Pourash......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132...Category: Property Law | Date: | Hits: 108
....e is also Reported in: 42 DLR (HD) (1990) 125.
......lt all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......
Mustafa Kamal J. - These 3 appeals under Clause 15 of the Letters Patent, 1865 have been heard together and will be disposed of by this comÂmon judgment as they arise out of the same judgÂment and order passed by a Single Judge of this DiÂvision.
2. Consequent upon a fire which broke out on t......lt all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
.... and sentencing each of them to suffer imprisonment for life. 2. Prosecution case in short, is that on ThursÂday, the 7th June, 1989 at about 5 P.M. accused apÂpellant Soleman and Rangu (since dead) went to the house of informant and asked for her son Akal Miah to come out and hearing the call ......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......minal Appeal No.83 of 1985. Judgment Qazi Shafiuddin J. - Accused appellants Soleman, Alfi Miah alias Aktar Hossain, Somed Miah and Dudu Miah have preferred this appeal against the judgment and order of conviction and senÂtence dated 30.9.85 passed by the learned Sessions Judge, Habiganj in S......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
...............................Opposite Party Judgment June 24, 1989. Result: The rule is discharged. Cases Referred to- Abdul Ilafiz and others Vs. Mafizuddin and others 7 D.L.R. 577; Sadindee Dev Vs. Ambica Singh Manipuri and others 25 DLR 327; Abdul Hafiz and others Vs. Mafizuddin a......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115....... of fact and no illegality appears to have been committed by the learned Court of appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115...Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ed in: 42 DLR (HD) (1990) 110.......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......uty Attorney General—For the ResponÂdent. Writ Petition No. 67 of 1988. Judgment Habibur Rahman Khan J. - This Rule Nisi was issued calling upon the Respondent to show cause as to why the order dated 17.10.87 issued by the Secretary, Ministry of Local Government; Rural Development and Co......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....Judgment Latifur Rahman J. - This Rule was isÂsued on 26.10.87 calling upon the Deputy Commissioner, Manikganj and the opposite party No.2 to show cause as to why accused Jalaluddin who has alÂready been acquitted in Sessions Case No.63/1984 by the Additional Sessions Judge, Manikganj on 29.9.8......rthÂwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......aw. 2. It appears from the Order Book that again on 13.3.88 the same Division Bench of this Court isÂsued a suo motu Rule on the petitioner and on the opposite party as well to show cause why the order of acquittal of the petitioner in Sessions Case No.63 of 1984 should not be set aside and the ......rthÂwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ..Category: Criminal Law | Date: | Hits: 101
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
....fa Kamal J Lal Miah........................................Petitioner Vs. Fazlul Haque Bhuiyan & Others........Opposite Parties Judgment August 16, 1989. Result: The Rule is made absolute. Cases Referred to- Bristol South-East Parliamentary ElecÂtion, (1961) 3 A E L R...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ......the Opposite Party No.1. Civil Revision No.232 of 1989. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgÂment and order dated 5.3.89 passed by the Election Appellate Tribunal and the learned District Judge, Narshin...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ..Category: Election Law | Date: | Hits: 187
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
..................Opposite Parties Judgment July 2, 1989. Result: The Rule is disÂcharged. Lawyers Involved: Amirul Islam with Abdur Razzaq, Advocates—For the Petitioner. Mohammadullah, Advocate—For the Opposite Party No.1. Civil Revision No.164 of 1986. Judgment M......atter. Therefore, we do not find any ground for interference. In the result, the Rule is disÂcharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103....... the Opposite Party No.1. Civil Revision No.164 of 1986. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 26.12.85 passed by the learned Additional District Judge, 3rd Court, Dhaka in Title Appe......atter. Therefore, we do not find any ground for interference. In the result, the Rule is disÂcharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103...Category: Business or Commercial Law | Date: | Hits: 282
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
.... High Court Division (Dhaka) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Alam Ara Huq..................Petitioner Vs. The Govt. of Bangladesh, represented by the Secy., Ministry of Home Affairs and ors……………………………â€......judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......ssed by the Senior Assistant Secretary of the Ministry of Home Affairs was served upon the detenu purporting to detain him for three months unÂder section 3(1) (a) of the Special Powers Act, 1974 in order to prevent him from acting against the ecoÂnomic or financial interest of the State. On 28.8.......judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....mp; Others................................Petitioner Vs. The State, Represented by Deputy CommisÂsioner, Bogra............Opposite Party Judgment July 3, 1989. Result: The Rule is made absolute. Lawyers Involved: Mansur Habib, Advocate—For the Petitioner. Nurul Islam, ......f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......er proceedings of the Special Tribunal No.8 of 1987 pending in the Court of Special Tribunal Case No.2, Bogra should not be stopped and the petitioners should not be released or such other or further order or orders passed as to this Court may seem fit and proper. 2. On 5.10.86, one Azimuddin lod......f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ..Category: Procedural Law | Date: | Hits: 112
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... on 25.3.87 in Title Suit No.24 of 1984 decreeing the suit. 2. The petitioners being plaintiffs instituted the aforesaid Title Suit No.24 of 1984 in the Court of the Munsif, Tongibari upazila impleading the opposite parts as defendants for a declaration of and recovery of khas possession with res...... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......tion as was in the year 1984 as if the suit has been filed afresh there and shall proceed in accordance with law. In the result the Rule is disposed of with the above observations. Communicate the order at once. Send down the lower Court records. Since it is an old case of 1984 the trial Court...... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
.... Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......filing written statement contending, inter alia that the suit was barred by limitation. The property has been vested in the government as an abandoned property within the meaning of the President’s order No.16 of 972, as such, the, plaintiffs suit is barred under Articles 14(c), 23 and 24 of the s......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161...Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
.... Rahmatullah............Petitioner Vs. State and another.................Opposite Judgment May 31, 1995. Result: The two Rules are discharged. Lawyers Involved: TH Khan with Khademul Islam Chowdhury, Advocates ‑ For the Petitioners (In both the Criminal Revisions). Khond......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......up together for disposal as common question of law and facts are involved. 2. In Criminal Revision Nos.1127 of 1994 and 1129 of 1994 Rules were issued asking the opposite Parties to show cause why orders dated 27.5.94 and 29.5.94 passed in Sessions Case Nos.3 of 1994 and 27 of 1994 respectively s......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ..Category: Criminal Law | Date: | Hits: 99
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