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Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)

....manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......his appeal by special leave is against a judgment of a Bench of the High Court Division allowing a First Appeal against a decree of the trial Court and dismissing the suit brought by the appellants for declaration of their title and for confirmation of possession in some portion of the land in sui......manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......f Bangladesh and others…………………Respondents Judgment March 25, 1976. Result: The appeal is allowed in part. Case Referred to- Lopez Vs. Muddan Mohan, 13 M.I.A. 567. Lawyers Involved: T. Ali, Senior Advocate, with Md. Yahya, Advocate, instructed by A Rab II, Ad..

Category: Property Law | Date: | Hits: 75

Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)

....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......�ancy Act as amended by President's Orders No.72, 135 and 137 of 1972. 2. The appellants instituted the suit being Title Suit No.30 of 1948 in the Second Court of the Subordinate Judge, Barisal, for a declaration of the plaintiffs' right, title and interest in the disputed lands as Karsha ten......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195....... Judgment June 3, 1977. Result: The appeal is allowed. Cases Referred to- Felix Lopez Vs. Muddun Mohan Thakoor, 13 Moor's I. A. 467; Lauri Vs. Renad, (1892) 3 Ch. 402 at page 421. Lawyers Involved: T.H. Khan, Senior Advocate, with Abul Kashem Bhuiyan, Advocate, instructed by B..

Category: Property Law | Date: | Hits: 133

Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)

....e is remanded back to the Tribunal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191....... is directed against an order dated 11.7.78 passed by the High Court Division in Writ Petition No.806 of 1977. Facts giving rise to the proceeding are as follows:— Respondent No.2 contested for the post of Chairmanship of No.14, Badarkhali Union Parishad which was held on 26.1.77. He was d......e is remanded back to the Tribunal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191.......��.Respondents Judgment January 10, 1979. Result: The appeal is allowed. Cases Referred To- 17 DLR (1965) 444; Niaz Ahmed Vs. Azizuddin, (1967) 19 DLR (SC) 388=PLD 1967 (SC) 466. Lawyers Involved: Ahmed Sobhan, Senior Advocate, with Nurul Islam Chowdhury and M. Fazlul Karim, ..

Category: Election Law | Date: | Hits: 163

Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)

....wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......-For the Petitioners. Abul Kalam Mainuddin, Advocate, instructed by Nurul Islam Chowdhury, Advocate-on-Record-For Respondent Nos.1-13. Not represented- Respondent Nos.14-113. Civil Petition for Leave to Appeal No.681 of 2009. (From the judgment and order dated 15.01.2009 passed by the H......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......judgment and order passed by the High Court Division affirming the judgment and order passed by the learned District Judge is set aside and the order of trial Court allowing amendment is restored. Lawyers Involved: Shaheed Alam, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-..

Category: Procedural Law | Date: | Hits: 100

M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)

....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......be quashed and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the case were stayed for a limited period, which subsequently has been extended from time to time. 3. Dilip Piuri Fike......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......R (AD) 69; N Mahmud Vs. M Ahmed, 36 DLR (AD) 14: 1984 BLD (AD) 97; SM Hashem, 48 DLR (AD) 87; Kazi Forhad Hossain Vs. Mostafa Sarwar, 2007 BLD (AD) 47; Abdul Motaleb Vs. Iman Ali, 42 DLR (AD) 123. Lawyers Involved: Khair Ezaz Masood, Advocate with Kazi Md. Joynal Abedin, Advocates - For the Ac..

Category: Criminal Law | Date: | Hits: 86

Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)

....t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......d not quashed, so far it relates to the accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all further of proceedings of the aforesaid case were stayed. 3. The facts relevant for the purpose of disposal of the Rule are that......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......551; Habib Vs. State, 52 DLR 105; SM Hashem Vs. State, 1995 BLD (AD) 115 = 48 DLR (AD) 87; State Vs. Lailun Nahar Ekram, 15 BLT (AD) 185 = 62 DLR (AD) 283; Nazrul lslam Vs. State, 13 MLR (AD) 185. Lawyers Involved: AM Mahbub Uddin, Advocate - For the Petitioner. W Aziz Khan, Advocate - For ..

Category: Criminal Law | Date: | Hits: 61

Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)

....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......out of same Judgment let both the Rules be disposed of by this single Judgment. 3. The petitioner here as plaintiff filed Title Suit No.63 of 2003 in the Court of Assistant Judge, Feni Sadar, Feni for declaration that the gift deed No. 6457 dated 25-11-2001 registered with Feni Sadar Sub-registry......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......Referred to- Mohsena Khatun Vs. Habib Knitting Mills, 1997 BLD (AD) 47; Hussain Ahmed Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162; Habibullah Vs. Sher Ali Khan, 57 DLR (AD) 55; 6 DLR (AD) 97. Lawyers Involved: Md. Oziullah, Advocate - For the Petitioner. Abdul Kalam Chowdhury, Advocate..

Category: Family Law | Date: | Hits: 167

Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)

....usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......led seeking quashment of the proceedings of Metropolitan Sessions Case No.793 of 2008 under section 138 of the Negotiable Instruments Act, 1881, arising out of CR Case No.1 309 of 2007, now pending before the Court of Joint Metropolitan Sessions Judge, Court No.5, Dhaka. 2. The case of the compla......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......0, 2009. Result: The Rule is discharged. Cases Referred to- Zahid Hossain Vs. State, 61 DLR 386; Stalion Shox (Pvt.) Vs. Auto Teisions (Pvt.) Ltd. (1994) 79, Company Cases 809 (Delhi). Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate - For the Petitioner. SM Shahjahan, with..

Category: Criminal Law | Date: | Hits: 86

Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)

....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......1 of 1998 convicting the appellant Khalil @ Md. Khalilur Rahman, Moazzem Hossain and Nurul Islam and others under section 395 of the Penal Code sentencing each of them to suffer rigorous imprisonment for 10(ten) years and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 3(th......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......ult: Criminal Appeal Nos.3282 of 2001 and Criminal Appeal 3604 of 2001 are allowed and Criminal Appeal No.3698 of 2001 is dismissed. Cases Referred to- Ustar Ali Vs. State, 3 BLC (AD) 53. Lawyers Involved: Aminul Huq Helal with Momtaz Uddin Fakir and Kalipada Mridha, Advocates - For t..

Category: Criminal Law | Date: | Hits: 116

Atahar and others Vs. State, 2007, 36 CLC (HCD)

....ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......abna PS Case No.9(5)92 corresponding to GR Case No.130 of 1992 convicting the accused appellants under sections 302/34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life and also to pay a fine of Taka 5,000 (five thousand) each and in default to suffer rigorous......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......llowed. Cases Referred to- Abdul Gafur Vs. State, 1992 BLD (AD) 90; Annadi alias Ayenuddin Vs. State, 6 BLC 310; Shah Alam Vs. State, 42 DLR (AD) 31; Mahiruddin Vs. State, 1986 BLD (AD) 318. Lawyers Involved: JBM Hassan with NA Chisty, Advocates - For the Appellants. Rabiul Ahsan Habi..

Category: Criminal Law | Date: | Hits: 66

Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)

....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......der J. - This appeal by the plaintiffs, directed against Judgment and Decree dated 19-6-2007 passed by the learned Joint District Judge, Arbitration Adalat, Dhaka dismissing Title Suit No.102 of 2004 for Specific Performance of Contract. 2. Appellants who are plaintiffs, stated in the plaint, tha......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66...................................Respondents Judgment May 31, 2010. Result: This appeal is allowed and the order of injunction granted earlier at the time of issuance of rule is by vacated. Lawyers Involved: Jamiruddin Sirker with AHM Mushfiqur Rahman, Advocates-For the Appellants. A..

Category: Property Law | Date: | Hits: 78

Bangladesh Freedom Fighters' Welfare Trust and others Vs. Joint District Judge and Artha Rin Adalat & another, 2004, 33 CLC (HCD)

....udgment and decree dated 14‑5‑02 is without jurisdiction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ...... of the petitioner No.1 Trust. The respondent No. 2 Janata Bank, Local Office as plaintiff instituted Title Suit No. 165 of 2001 in the Court of the Subordinate Judge and Artha Rin Adalat No.1, Dhaka for realisation of Taka 8,64,87,775 as on 30‑6‑01 by selling the mortgaged property impleading t......udgment and decree dated 14‑5‑02 is without jurisdiction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ......- Bangladesh represented by the Secretary, Ministry of Public Works and Urban Development Vs. Md Suruzzamal and others, 48 DLR (AD) 1; Gannysons Ltd Vs. Sonali Bank and others, 36 DLR (AD) 146. Lawyers Involved: AKM Nazrul Islam with MA Rashid and Md. Mainul Islam, Advocates ‑ For the Pet..

Category: Property Law | Date: | Hits: 173

Hanif Shaikh (Md) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ......t petition, should not be declared to be without lawful authority and of no legal effect. The Rule has been opposed, but no affidavit-in-opposition has been filed. 2. Learned Advocate appearing for the petitioner taking us through the application and the Annexure thereto, submitted that the ne......nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ...... Shaikh (Md) ........................Petitioner Vs. Government of Bangladesh and others ..................Respondents Judgment May 26, 2004. Result: The Rule is made absolute. Lawyers Involved: MI Forooqui with Ruhul Quddus and Abdul Mannan kha, Advocates ‑ For the Petit..

Category: Information Technology Law | Date: | Hits: 282

Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)

....appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......osive Substance Act, 1908 framing charge against the appellant under section 3 of the said Act. 2. The prosecution case, in short, is that, on 17‑1‑2003 at 19.30 hours one Shah Alam Molla as informant lodged the first information report with Muladi PS against 9 accused persons including the a......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......lam Chowdhury J Afzal Hossain Ahmed J Ruhul Amin Kha. .........Petitioner Vs. State ....................Respondent Judgment July 10, 2004. Result: The appeal is allowed. Lawyers Involved: Golam Abbas Chowdhury ‑ For the Accused Appellant. Md. Rabiul Karim, Assis..

Category: Criminal Law | Date: | Hits: 64

Chairman, Uttara Management Ltd. and others Vs. Chairman, Labour Court, Rajshahi and another, 2004, 33 CLC (HCD)

....excess of its jurisdiction. Therefore, there is no merit in this Rule. The Rule is accordingly, discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 627. ......vate ownership that is, to the petitioner No. 1, namely, Uttara Management Ltd. and since then the respondent No. 2 had been working under the petitioner No.3. In consideration of his satisfactory performance he was promoted to the post of Senior Supervisor. While he was performing his duties as suc......excess of its jurisdiction. Therefore, there is no merit in this Rule. The Rule is accordingly, discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 627. ......) 179; Senior Manager, Dosta Textile Mills Ltd Vs. Sudhansu Bikash Nath, 40 DLR (AD) 45 = 52 DLR (AD) 45; Pioneer Garments Ltd Vs. Md Abul Kalam Azad and another, 2000 BLD (AD) 62; 40 DLR (AD) 45. Lawyers Involved: Khalilur Rahman with Rubaiyat Hossain, Advocates ‑ For the Petitioners. Md..

Category: Labour and Industrial Law | Date: | Hits: 188

National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)

....��3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......teps would follow. The petitioner by letter dated 10‑6‑1998 replied that the relevant amendment has been made in the meeting held on 8-6‑1995 and the respondent by Memo dated 12‑10-1998 informed that by not amending the Articles of Association as required by the respondent the Company wa......��3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......ife Insurance Company Ltd …………Petitioner Vs. Controller of Insurance ………………………… Respondent Judgment April 24, 2002. Result: The Rule is made absolute. Lawyers Involved: M Zahir with Shah Muhammad Ezaz Rahman, Advocates ‑ For the Petitioner. Wr..

Category: Business or Commercial Law | Date: | Hits: 271

Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)

.... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622.......No. 411 of 2001, should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. Heard both sides at length and perused the record so placed before us. 3. Mr. Abdul Baset Majumder, the learned Advocate for the petitioners, submits that as m...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622.......msul Khan alias Himu & others ……………Petitioners Vs. State……………………………Opposite Party Judgment March 30, 2004. Result: The Rule is made absolute. Lawyers Involved: Abdul Baset Majumder, Advocate ‑ For the Accused Petitioners. Md. Halal Ud..

Category: Criminal Law | Date: | Hits: 71

Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)

....he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......ctions 467/109, Penal Code and acquitting the accused under section 247 of the Code of Criminal Procedure due to absence of the complainant-appellant in the Court on that date. 2. Learned Advocate for the appellant shows from the record that CR Case No. 3 of 1984 was earlier tried and upon eviden......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......Natisa Naicker Vs. Mari Gramani and another, AIR 1948 (Madras) 450; Md Islam Vs. State and others, 36 DLR 349; State Vs. Reva Chand, AIR 1961 (Allahabad) 352; AIR 1953 Cal. 197; 1965 Rajasthan 19. Lawyers Involved: Shahabuddin Ahmad with Ferdausi Shahab, Advocates ‑ For the Appellant. AQM..

Category: Procedural Law | Date: | Hits: 73

Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)

....vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612.......esult: The Rule is made absolute. Case Referred to- Munshi Kali Sankar Sahay and others Vs. Moharajah Protap Udai Nath Saha, (1912) 16 IC 708. Lawyers Involved: Masihuzzaman, Advocate- for the Petitioner. AJM Mohammad Ali, Additional Attorney General- for the Opposite Party. Civ......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612.......site Party Judgment July 14, 2004. Result: The Rule is made absolute. Case Referred to- Munshi Kali Sankar Sahay and others Vs. Moharajah Protap Udai Nath Saha, (1912) 16 IC 708. Lawyers Involved: Masihuzzaman, Advocate- for the Petitioner. AJM Mohammad Ali, Additional Att..

Category: Procedural Law | Date: | Hits: 54

Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)

....ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......2 of 2002, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution case, as has been initiated upon lodging a first information report (FIR) on 14-10-2002 by the informant P.W.1 Md. Jamiruddin, as Sub-Inspector of Poli......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ...... alias Taku Sattar...............Petitioner Vs. State……………Opposite party Judgment April 19, 2010. Result: The Rule is made absolute. Case Referred to- 50 DLR 356. Lawyers Involved: Nusrat Jahan, Advocate - For the Petitioner. Yeasmin Begum Bithi, Assistant..

Category: Criminal Law | Date: | Hits: 65

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