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Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)

....First Court, Patuakhali for disposal of the Miscellaneous Case in ac­cordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......oner Vs. Jugal Chandra Shaha & others............................Opposite Parties Judgment November 30, 1988. Result: The Rule is made absolute without any order as to costs. Lawyers Involved: A.K.M. Zahirul Huq, with Fakhrul Islam, Ad­vocate - For the Petitioner. Sub......led to ap­pear when the suit was called on for hearing and the learned Munsif dismissed the suit for default by his order dated 18.6.84. Thereafter on 4.8.84 the plaintiff filed an application under Order 9, rule 9 and section 151 of the Code of Civil Procedure praying for resto­ration of the suit..

Category: Limitation Law | Date: | Hits: 275

Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)

....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......: The Rule is made absolute without any order as to costs. Cases Referred to- 29 DLR 301; 9 DLR 89; 5 DLR 451; 8 DLR 258; Sasadher Ghose, 53 CWN 694, 699; 5 DLR 43; 6 DLR 434; 9 DLR 394. Lawyers Involved: Faruque Ahmed, Advocate - For the Petitioner. Md. Abdul Kuddus Miah, Advocat......ate Acqui­sition and Tenancy Act, 1951 and as such the remedy available under the repealed Act was not available to the petitioner at the relevant time and that though the application was also under Order 21, Rule 19 of the C.P.C. read with Section 18 of the Limitation Act, 1908 none of these provi..

Category: Property Law | Date: | Hits: 106

Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)

....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......7 Delhi 98; Municipal Corporation of Delhi Vs. Subhagwanti, AIR 1966 SC 1750; Davies Vs. Powel Duffrvn Associated Companied Ltd. 1942 AC 601; AIR 1936 Mad 247; AIR 1959 Punj 297; AIR 1956 Cal 555. Lawyers Involved: Sheikh Fazle Noor Tapash, Mohammad Mehedi Hasan Chowdhury, AKM Rabiul Hasan and......1990 and last date was 3-12-1989 as such, as per section 4 of the Limitation Act the suit was within time. Since the suit was filed within time the appellant was added under order 1 rule 10 read with Order XXII of the Code of Civil Procedure as such, the question of limitation does not arise. 63...

Category: Civil Law | Date: | Hits: 339

Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......ali Bank Vs. Artha Rin Adalat, 15 MLR (AD) 20; 62 DLR (AD) 231; Md. Nur Islam Vs. Agrani Bank, 1 MLR 373; Jahan Ara Akhtar Begum Vs. BHBFC, 47 DLR 158; BHBFC Vs. Jahan Ara Akhtar, 49 DLR (AD) 80. Lawyers Involved: AJ Mohammed Ali with Md. Nurul Amin, Advocates - For the Petitioners. Jamiru...... by the learned District Judge, Dhaka dismissing Miscellaneous Appeal No.90 of 2006 affirming the other dated 7-3-2006 passed by the Artha Rin Adalat No.3, Dhaka rejecting the application filed under Order XXI Rule 90 of the Code of Civil Procedure in Miscellaneous Case No.33 of 2005. 2. Decree h..

Category: Civil Law | Date: | Hits: 156

Trading Corporation of Bangladesh Vs. Commissioner, Customs, Excise and VAT Commissionarate and others, 2010, 39 CLC (HCD)

....und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471.......h…………..Petitioner Vs. Commissioner, Customs, Excise and VAT Commissionarate and others…………..Respondents Judgment July 18, 2010. Result: The Rule is made absolute. Lawyers Involved: ARM Quiyum Khan with AB Siddique, Advocates - For the Petitioner. SM Moniruz......ed to have been made without lawful authority and are of no legal effect. 2. Background of the issuance of the Rule, in short, is that the petitioner is a corporation created under the President's Order 68 of 1972 and stated importing sugar from the year 1998 and since the petitioner is not a tra..

Category: Fiscal/Taxation Law | Date: | Hits: 323

Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......lso Reported in: 62 DLR (HCD) (2010) 463. ......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ..

Category: Environmental Law | Date: | Hits: 1019

Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)

....l be free to cancel the bail of the petitioner in case of any viola­tion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......jeda Rahman..................Petitioner Vs. The State………………………………………………...Respondent Judgment May 8, 1988. Result: The Rule is made absolute. Lawyers Involved: MA. Aziz, Advocate. — For the Petitioner. Kaiseruddin Ahmed, Deputy Attor......l be free to cancel the bail of the petitioner in case of any viola­tion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..

Category: Criminal Law | Date: | Hits: 105

Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......h Das Durga Prashad Vs. Panna Lal Ram Richpal Oswal and others, AIR 1969 (Punjab) 57; Abdul Hashem Vs. Saleh Ahmed, 36 DLR (HC) page 303; Amal Kumar Maitra Vs. Md. Mashiur Rahman, 30 DLR (SC) 244. Lawyers Involved: Dewan A.M.S. Zaman, Advocate,—For the Pe­titioners. S.H. Md. Nurul Huda J......14 dated 21.11.85 passed by the Munsif, Sadar, Sylhet, in Title Suit No.196 of 1985 allowing the application of the opposite party Nos.5-7 to implead them as defendants in the suit in accordance with Order 1, rule 10 of the Code of Civil Procedure. 2. There is a petition for amendment of the re-v..

Category: Procedural Law | Date: | Hits: 193

Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)

....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......Elahi Vs. Lala Bishmbar Das, 16 DLR (SC) 246 20 DLR 575 (D.B.); Syed Zaman Khandaker & others Vs. Zubeda Khatun and others, 25 DLR 317; Tarujan Bibee Vs. Asamuddi Bepari and others, 4 CWN 426. Lawyers Involved: M. Fazlul Karim, Advocate—For the Peti­tioner. No one-For the Opposite Pa......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70...

Category: Criminal Law | Date: | Hits: 126

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

....stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ...... Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. Result: The Rules are discharged. Cases Referred to- 38 DLR (AD) 172 9; 40 DLR 232 9. Lawyers Involved: Gazi Abdur Rashid, Advocate—For the Peti­tioner. Ashraf Ali Kazi, Advocat......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..

Category: Alternative Dispute Resolution | Date: | Hits: 280

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ...... Bank.....Opposite Party Judgment March 16, 1989. Result: The Rule is discharged. Cases Referred to- AIR 1980 (SC) 840; 29 DLR 10; 35 DLR 224; 40 DLR (AD) 206=1988 BCR (AD) 79. Lawyers Involved: Sheikh Razzaque Ali with ABM Golam Mazid, Advocate—For the Petitioner. Abd...... set aside the Judgement. Plaintiff then ob­tained the present Rule. It is admitted that the plain­tiff was initially appointed as Probationary Officer in the then Habib Bank and by the President's Order No.26 of 1972 namely, Bangladesh Bank's Nation­alisation Order No.26 of 1972 the Habib Bank a..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......med Vs. The State, 26 DLR (HC) 211; Jiban Krish­na Samanta Vs. State I.L.R. (1950) 2 Cal.66; A.K. Roy Vs. State of West Bengal, A.I.R. 1962 Calcutta (F.B.) 135; Abul Hossain Sana, 14 DLR (SC) 96. Lawyers Involved: Abdul Malek with Mainul Hosein, Joynal Abedin, Advocates-For the Petitioner. ......e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..

Category: Criminal Law | Date: | Hits: 127

State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)

....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......State ……………………………………….Petitioner Vs. Jahaur Ali & Others..............Opposite Parties Judgment March 30, 1987. Result: The appeal is allowed. Lawyers Involved: Sultan Ahmed, Deputy Attorney General, with Md. Yunus Ali, Advocate—For the A......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..

Category: Criminal Law | Date: | Hits: 107

Md. Nasir Vs. State, 1989, 18 CLC (HCD)

....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......asir @ Nasir @ Nasir Ahmed.....................Appellant Vs. The State.......................................Respondent Judgment February 6, 1989. Result: The appeal is allowed. Lawyers Involved: Md. Ruhul Amin, Advocate—For the Appel­lant. Golam Mohiuddin, Advocateâ€......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89...

Category: Criminal Law | Date: | Hits: 117

Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)

.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ......; Others...............Opposite Parties Judgment January 17, 1989. Result: The Rule is made absolute. Cases Referred to- 11 DLR 177; 21 DLR W.P. (Lahore) 333; PLD 1972 (S.C.) 25. Lawyers Involved: Md. Amir Hossain, Advocate—For the Peti­tioner. Abdul Muttalib, Advocateâ...... not bona fide pur­chaser of the disputed land, and in that view of the matter the trial Court decreed the suit. 4. During the pendency of the suit defendant Nos.3 and 4 made an application under Order 1, rule 10 of the Code of Civil Procedure claiming to be ne­cessary parties and they were mad..

Category: Civil Law | Date: | Hits: 133

Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)

....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ...... dismissed. Cases Referred to- Ilias Hussain (Md.) Vs. State, 54 DLR (AD) 78; State Vs. Shafiqul Islam, 43 DLR (AD) 92; Shamsuddin Vs. State, 45 DLR 587; Abdul khaleque Vs. State, 45 DLR 75. Lawyers Involved: Md. Jahangir Kabir with Sohel Rana—For the Convict-Appellant. Md. Altafur ......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ..

Category: Procedural Law | Date: | Hits: 118

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

..... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ......s Vs. Executive Engineer, Relief and Reha­bilitation AIR 1961 Assam 101; Talekhal Fishermen's Co-operative Society Vs. Ban­gladesh BLD(AD) 1981, 103; S.M.S. Samity Vs. Bangladesh 39 DLR (AD) 85. Lawyers Involved: Asrarul Hossain with Mozammel Huq-For the Petitioner. Nazmul Huda with &....... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ..

Category: Others | Date: | Hits: 227

Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)

....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ...... 143; Ajoy Kumar Devi Vs. Manindra Nath Chakraboriy, 32 Cal. 561; Ashfaqul Hossain 1923 Oudh. 252; Mst. Kalpa Vs. Sita Ram & another 1955 All 187 (D.B); Onkar Bhagwan Vs. Gamna 1933 Bom. 205. Lawyers Involved: M. A. Karim with Syed Mahmud Hossain, Ad­vocates-For the Appellants. Mujibu......or the Deputy Registrar. Civil Appeal No.36 of 1972. Judgment AM Mahmudur Rahman J. - This appeal at the instance of the defendants respondents is against an order recording compromise under Order 23, rule 3 of the Code of Civil Procedure. 2. The facts giving rise to this appeal, in shor..

Category: Property Law | Date: | Hits: 109

Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

....­peal find answer in the foregoing discussion. For these reasons, this Rule is made abso­lute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ...... Islam………………………...Opposite Party Judgment April 17, 1989. Result: This Rule is made abso­lute. Case Referred to- Amelendu Majumder Vs. Selimuzzaman, 7 BLD 114. Lawyers Involved: Salimul Hoque Khan Milky with Shahabuddin Faiz, Advocates-For the Petitioner. ...... calling in question an order passed by the learned District Judge admitting Election Tribunal Appeal No.5 of 1989 preferred by the opposite party from an order reject­ing an application filed under Order 47, rule 1 C.P.C. by the Election Tribunal in Misc. Case No.1 of 1989. 2. The facts are: Th..

Category: Election Law | Date: | Hits: 194

Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)

....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......ases Referred to- Habibur Rahman Khalifa Vs. Satis Chandra Ghosh, (1977) 29 DLR (H.C) 178; 29 DLR 1789; Hajera Bibi Petition­er Vs. Noor Jahan Begum & others, Respondents, 35 DLR (HC) 238. Lawyers Involved: A.K. Badrul Huq, Advocate-For the Petition­ers. Hemayetuddin Ahmed, Advocat......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ..

Category: Property Law | Date: | Hits: 100