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Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......ed by M.G. Bhuiyan, Advocate-on-Record-For Respondent No.1 (In both the appeals) Not represented-Respondent Nos. 2-5 (In both the appeals) Civil Appeal No. 45 of 1993. (From the judgment and order dated 1st September, 1992 passed by the High Court Division in First Appeal No.138 of 1990). ......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

....in Haider J Islamia Automatic Rice Mills Ltd……………………………………….Petitioner Vs. Bangladesh Shilpa Rin Sangstha and others......................Respondents Judgment July 21, 2...... namely, order dated 18‑4‑96 and 21‑4‑96 and by the first order the present petitioner was asked to show cause within 7 days why the property of the petitioner shall not be attached and by ad interim order of attachment the defendant Nos.2 and 3 were restrained from interfering with the afor......sued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted by this Court on 5­-11‑97 passed in Writ Petition No.3285 of 1996 or suc...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....d. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......ame are not true and voluntary. 7. The learned Additional Sessions Judge, First Court, Gazipur having heard both the parties and considered the materials on record passed the impugned judgment and order of conviction and sentence dated 27.2.2008 convicting all the above named 5 accused persons in...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 98

Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....sional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Abdul Hasib J Capital Properties Ltd…......Petitioner Vs. Government of the People's Republic of Bangladesh and others.........Opposite Parties Judgment July 3, 1991. Result: The......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308....... The learned Advocates of both sides also agreed that a Single Bench matter can be heard and disposed of by a Division Bench. 2. This Rule, calling in question the legality and propriety of the order dated 20.2.91 passed by the Subordinate Judge and Commercial Court No.1, Dhaka, in Title Appea......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308...

Category: Procedural Law | Date: | Hits: 113

Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)

....costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ...... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......use as to why the respondent No.1 should not be directed to organise, hold and conduct a fresh election in the disputed centre, namely No.13 Tetoya Government Primary School centre or such or further orders or orders passed as to this Court may seem fit and proper." 2. In this case election of...... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ..

Category: Election Law | Date: | Hits: 177

Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)

....g towards their home but hardly they reached near the house of Kamal Akhi in the village of Venda, the accused appellants along with some other persons forming an unlawful assembly being armed with deadly weapons like ramdao, valla, lathi, gupti, gun etc. encircled them. Accused Ekramul Hoq passed o......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......the accused appellants along with some other persons forming an unlawful assembly being armed with deadly weapons like ramdao, valla, lathi, gupti, gun etc. encircled them. Accused Ekramul Hoq passed order to kill them. Accused Shahjahan Biswas, Kuti Shaikh and Shaheb Shaikh and Dulu Biswas caught h......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..

Category: Criminal Law | Date: | Hits: 95

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

.... Court High Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Quazi Shafiuddin J Mostafizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic o......and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......desh on 6.12.90 in the greater interest of the country. The detenu was arrested on 11. 12.90 from his Sena Bhaban residence and has been kept in detention with effect from 12.12.90 in pursuance of an order passed by the Government under section 3(1) (a) of the Special Powers Act, 1974 for 120 days. ......and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...

Category: Criminal Law | Date: | Hits: 113

Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)

....y of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......cial Tribunal No. II, Bagerhat. 2. Main ground taken in this Rule is that after acquittal of the petitioner on 25.1.89 further proceedings of the case against him is illegal. It appears that an order of acquittal was recorded on 25.1.89 under the signature of Mr. Dabiruddin Shaikh, the then Sp......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ..

Category: Criminal Law | Date: | Hits: 73

Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)

....heerin Alam Chowdhury.................Opposite Party (In Criminal No. 604 of 1993) Judgment August 1, 1995. Result: The Rules in respect of Civil Revision Nos. 3451 and 3474 of 1992 are made absolute. The Rule in Civil Revision No. 604 of 1993 is discharged. Cases Referred to- ...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......rn the garden that he gave you." She agreed and the Prophet said to Sabit: Take the garden and divorce her. According to another version in Bukhari, when she, agreed to return the garden, the Prophet ordered Sabit and he separated her. The other tradition of Habiba, as stated by Imam Malik and Abu D...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ..

Category: Family Law | Date: | Hits: 265

Tahera Nargis Syed Vs. Shamsur Rahman, Deputy In­spector General of Prisons, Dhaka Central Jail, 1989, 18 CLC (HCD)

....e No.6 of 1989. Judgment Mustafa Kamal J.- This Rule of Con­tempt of Court was issued calling upon the opposite party No.3 Mr. Shamsur Rahman, Deputy Inspector-General of Prisons, Nazimuddin Road, Dhaka Cen­tral Jail, Dhaka to show cause why he shall not be committed for Contempt of Court fo......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple im­prisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ......man, Deputy Inspector-General of Prisons, Nazimuddin Road, Dhaka Cen­tral Jail, Dhaka to show cause why he shall not be committed for Contempt of Court for willfully vio­lating and disregarding the orders of this Court to re­lease the detenu A.T. Kamruzzaman Syed passed on 16.2.89 in Criminal Mis......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple im­prisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ..

Category: Criminal Law | Date: | Hits: 124

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

.... no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......istrict Laxmipur to his two daughters. For this purpose he entrusted the defen­dants and his sons-in-law to help him in this matter and went to Laxmipur Sub-Registry Officers where the defendants in orders to grab his properties fraudu­lently and collusively created a deed of Ewaj on 21.11.83 and ......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500...

Category: Property Law | Date: | Hits: 136

Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)

.... Court High Court Division (Dhaka Bench) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Bajla Rice Mills………………Petitioner Vs. Bangladash..............................Opposite Party Judgment May 25, 1989. Result: The Rul......hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......sion No. 657 of 1973. Judgment Md. Mozammel Hoque J.- In this Rule issued under section 115 of the Code of Civil Procedure, the plaintiff-opposite party was directed to show cause as to why the order dated 18.4.73 passed by the learned Subordinate Judge, 4th Court, Dhaka in Title Suit No. 37 o......hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ..

Category: Procedural Law | Date: | Hits: 93

Mercantile Fire and Gen­eral Insurance Co. Ltd. Vs. Bata Shoe Company Pakistan Ltd., 1989, 18 CLC (HCD)

....y the Subordinate Judge, 4th Court, Dhaka in Money Suit No.25 of 1967. 2. The plaintiff’s case, in brief, is that the plaintiff Bata Shoe Company placed an order with defendant No.1 Mercantile Trading Company for supply of certain quantity of wired glass to be deliv­ered at the factory premise......ance in the contentions raised by the learned Advocate for the appellant. In the result, the appeal is dismissed without any cost. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 45. ......gainst the judgment and decree passed by the Subordinate Judge, 4th Court, Dhaka in Money Suit No.25 of 1967. 2. The plaintiff’s case, in brief, is that the plaintiff Bata Shoe Company placed an order with defendant No.1 Mercantile Trading Company for supply of certain quantity of wired glass t......ance in the contentions raised by the learned Advocate for the appellant. In the result, the appeal is dismissed without any cost. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 45. ..

Category: Business or Commercial Law | Date: | Hits: 325

Syed Alim Mansur Vs. Registrar, Joint Stock Compa­nies, 1989, 18 CLC (HCD)

.... High Court Division (Chittagong Bench) (Original Civil Jurisdiction) Present: AM Mahmudur Rahman J Syed Alim Mansur, Director of the Aqua Culture Farms Ltd., Osman Court, 70 Agrabad C/A, Chittagong.......................................Petitioner Vs. Registrar, Joint Stock......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ......, a Director of the Company, has stated in the petition that the Company entered into a loan agreement on June 24, 1987 with Saudi Bangladesh Industrial and Agricultural Investment Company Limited in order to finance the costs of goods and services required to carry out a project of the Company whic......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ..

Category: Company Law | Date: | Hits: 191

Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

....ourt Division (Barisal Bench) (Civil Revisional Jurisdiction) Present: Qazi Shafi Uddin J Suresh Majumder and Others...........................Petitioners Vs. Government of Bangladesh & Others............Opposite Parties Judgment March 23, 1988. Result: The Rule...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ...... P.C. Guha, Advocate-For the Petitioners. No one -For the Opposite Party. Civil Revision No. 655 of 1981. Judgment Qazi Shafi Uddin J.- This Rule is direct­ed against the judgment and order dated 4th of April, 1981 passed by the learned Subordinate Judge, Pirojpur in Title suit No.41...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..

Category: Procedural Law | Date: | Hits: 82

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....Public Service Commission. The petitioner was promoted to the post of Executive Engineer in the month of June, 1971 and in 1978 he was promoted to the next higher post of Superintending Engineer in Roads and Highways Department and in December, 1982 he was posted as Superintending Engineer, Road Cir......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ...... Mahtabuddin Ahmed.......................Petitioner Vs. The Principal Secretary, President's Secretariat, Dhaka and Others......Respondents Judgment November 14, 1989. Result: The order passed to review. Lawyers Involved: Shamsul Huq Chowdhury with Mahmudul Is­lam. Salm......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ..

Category: Employment/Service Law | Date: | Hits: 209

State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)

....d Court below for information and necessary action at once. Ed. This Case is also Reported in: ......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......s case against them quite falsely. 9. The learned Bicharak, Druta Bichar Tribunal, Chittagong having heard both the parties and considered the materials on record passed the impugned judgment and order of conviction and sentence dated 19.9.2006 convicting all the above named 8 accused persons un......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 105

Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)

....t once. Ed. This Case is also Reported in: ......ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......accept the documents as evidence filed by the plaintiffs with the plaint of the suit. This does not give right to remand of the case……………………..(17)    Before passing an order of remand the learned Judge decide the question rose in appeal on the basis of evidence on rec......ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 113

Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)

....l Procedure (Act V of 1908) at the instance of the defendants-petitioners is directed against the order No.33 dated 9‑10‑95 passed by the learned Assistant Judge, 1st Additional Court, Gaibandha Sadar, in Miscellaneous Case No.1 of 1994 allowing relation of the original suit to its file and numb......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ....... 214 of 1996. Judgment Md. Abdur Razzaque J.-This Rule under section 115(1) of the Code of Civil Procedure (Act V of 1908) at the instance of the defendants-petitioners is directed against the order No.33 dated 9‑10‑95 passed by the learned Assistant Judge, 1st Additional Court, Gaibandha......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ..

Category: Procedural Law | Date: | Hits: 94

Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corrup­tion Officer & others, 2001, 30 CLC (HCD)

.....................Petitioner Vs. Md. Sirajul Huq, District Anti-Corrup­tion Officer & others………………………..Respondents Judgment June 17, 2001. Result: The Rule is made absolute. Under section 165 of the Code of Criminal Procedure the Sessions Judge concerned ca......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......ssued by the respondent No.1 asking the petitioner to remain present in the concerned banks in connection with the inspection of her lockers as evidence by Annexure A to the writ petition and why the order dated 1‑1‑1992 passed by the respondent No.5, the Sessions Judge, Dhaka according permissi......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ..

Category: Criminal Law | Date: | Hits: 305