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Government of the People's Republic of Bangladesh Vs. Subordinate Judge, 4th Court and Arbitrator, Dhaka and Others, 1992, 21 CLC (HCD)

....the Rule was issued on 13th August, 1991 against the respondent but on repeated attempts the Rule could not be served upon the respondent No. 2. Subsequently it was discovered that he was dead at the time when the Rule was issued but prior to that upon an application of the petitioner the respondent......respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 391...

Category: Alternative Dispute Resolution | Date: | Hits: 213

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

....ation and khas possession. The petitioner filed the said suit on 26.2.1977 which was registered as Title Suit No.52 of 1977 in the 4th Court of the Subordinate Judge, Dhaka. Subsequently the case was time to time transferred to different Courts and finally it was re‑numbered as Title Suit No.459 o......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 416. ..

Category: Property Law | Date: | Hits: 86

Trade Channel Vs. Collector of Customs, Customs House Chitta­gong and others, 1990, 19 CLC (HCD)

....nt August 6, 1990. Cases Referred To- A. Hannan Vs. Collector of Customs, 40 DLR 273; MA Hai and others Vs. Trading Corporation of Bangladesh, 1988 BLD (AD) 84; A Hannan 42 DLR (AD) 167; Maritime E Ca. Vs. General Dairies, AIR 1937 PC 114; K. Ramdas Vs. Udipi Mum, AIR 1974 SC. 2177. Lawy...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....hers and the members of the said committee also included Mr. Mustafizur Rahman, a businessman and relation of the former President, and, according to the prosecution, he represented HM Ershad at that time in identifying his personal belongings separated from the goods belonging to the Government. Th......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..

Category: Criminal Law | Date: | Hits: 125

Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)

....contemplated under section 108(2) of the Companies Act. 9. In the present case, it is admitted that the accused petitioners completed the share certificates and made them ready for delivery within time. But instead of delivering the same to the complainant they mortgaged the same to BSRS for rais......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ..

Category: Criminal Law | Date: | Hits: 89

Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)

....harer of the holding to which the disputed land appertains. 4. Opposite party No.1 Faizuddin Dewan contested the case by filing written objection contending, inter alia, that the case is barred by time, that it suffers from defect of parties and that the opposite party has gifted the suit land to......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ..

Category: Property Law | Date: | Hits: 81

Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)

....umar Bhattacharjee and in that petition also the fact of issuance of rule and stay by this Court was mentioned and it was further stated in that petition that if the contemner Assistant Judge granted time for, the petitioner would produce a certified copy of Rule and stay of this Court. From the ord......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..

Category: Criminal Law | Date: | Hits: 84

Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)

....d of, it is the duty of the Court to try that issue first at the earliest opportunity so that the Court may not be unnecessarily bogged down in a complicated trial of the issue of fact requiring much time and involving heavy expenditure." 5. Mr. Khandker Mahbubuddin Ahmed, the learned Advoca...... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96...

Category: Procedural Law | Date: | Hits: 62

Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)

....cation of torture and other methods extorted confession and as a result the accused appellant No.1 was physically crippled. The appellant No.2 Amir Ali having been arrested by the police after a long time was also mercilessly tortured; both the accused persons were illegally confined in the police c......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ..

Category: Criminal Law | Date: | Hits: 110

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

....ting that as on that date only 13,120 mds. were sold as against the total stock of 88,440 maunds and expressed apprehension that it would not be possible to dispose of the pledged potatoes within the time schedule. The petitioner has annexed the true copies of the letters dated 19.9.82 and 17.10.82 ......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407...

Category: Civil Law | Date: | Hits: 99

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....he said Account of the accused No.1; that one Meyer Sairee deposited US$ 4, 20,566.00 in the said Account on 05.06.2003; that Merina Zaman deposited US$ 30,000.00 in the said Account and in different times total amount of US$ 4, 11,405.00 was deposited in the said Account. Thus in the year 2003 in t......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..

Category: Civil Law | Date: | Hits: 238

AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)

....ent from further harassment the instant proceeding is liable to be quashed. Secondly, the proceeding was initiated in the year 1978 and since then more than 14 years have already elapsed during which time the trial could not commence and be concluded and this long pendency of the criminal case by it...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...

Category: Criminal Law | Date: | Hits: 80

Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)

.... not registered till 20.5.90, on which date the present petitioners filed the petition before the trial Court for rejection of the pre‑emption petition the ground of prematurity and that in the meantime, the registration of the document under section 60 has been completed. In the case of Abdur Rah...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..

Category: Property Law | Date: | Hits: 89

A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)

....n the propriety of the order of the Subordinate Judge allowing amendment of the application for pre‑emption. The application contains a prayer for condonation of delay of 857 days. As it was out of time the same was returned to the learned Advocate for speedily moving the same before the court. Th......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ..

Category: Procedural Law | Date: | Hits: 72

Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)

....des that "A person shall be­ disqualified for election or nomination as, or for being, a Chairman or a member if he has defaulted in repaying any loan taken by him from any specified bank within the time allowed by the bank therefor." The Bangladesh Krishi Bank is included in the said sub‑section......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ..

Category: Election Law | Date: | Hits: 128

Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)

.... maintainable and the plaintiff in such suit need not ask for any further relief, and the object of the proviso is only to avoid multiplicity of the suit where further relief can be sought for at the time of institution of the suit. Considering the provisions of section 42 of the Specific Relief Act......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..

Category: Employment/Service Law | Date: | Hits: 71

Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... going on, we were of the view that if the Rule was made absolute, the subsequent appointment would automatically stand cancelled and as such, we kept the application pending for consideration at the time of hearing. 20. We have already found that the licence of the petitioner was rightly cancel......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 128

Bangladesh Krishi Bank Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others, 2010, 39 CLC (HCD)

....k, Labonchora Branch and also opened L/C on 18.6.1985 in the Principal Office of Janata Bank, Dilkusha Commercial Area and thereafter, the plaintiff-Bank as per terms and conditions of the agreements time to time supplied the machineries to the defendant-company but defendant company failed to perfo...... Artha Rin Suit No.103 of 2001 is maintained. Let a copy of the judgment along with lower Court’s record be sent down at once. M. Moazzam Husain J.- I agree. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 217

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....Being aggrieved thereby the defendant-appellant has moved this application under section 115(1) of the Code and obtained the instant rule. 7. The lower court record has also been called for at the time of issuing rule by this court. 8. Mr. Mosharraf Hossain Sarder, the learned Deputy Attorney......ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ..

Category: Property Law | Date: | Hits: 89

Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)

....nd 8 wherein the entire position of the said respondents has been clarified it has been submitted that the contemnor respondent Nos.3 and 4 came to know about the order of this Division for the first time in 12 December, 2010 when the said order as passed in Contempt Petition Nos.224 of 2010 was com......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 115