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A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....s of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......lise the decretal amount within 15 days and further ordered the defendant to furnish the bank guarantee for the rest. Against which this revisional application was moved and the rule obtained. At the time of issuance of the rule the operation of the order was stayed by this Court which is now heard ......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131...Category: Civil Law | Date: | Hits: 104
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....z............... ………………………………..........Opposite Party Judgment March 22, 2011. Cases Referred To- Khandaker Mobarak All Vs. Jahanara Begum, 1 ADC (2004) 401; Jinnatunnessa Vs. Bangladesh 48 DLR 208; Abul Hossain Vs. Amjad Hossain, 62 DLR (AD) 436; Hridoy Ranjan ......ted that record of Tahsil office shows that the suit plot No.931 was never recorded in the name of any person in the recent survey conducted by the government and any person did not make claim at the time of survey; that nobody had paid rent against the said suit plot No.931 and the plaintiff at the......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)
.... (Criminal Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J Ruhul Amin & others……………………………………..Accused-Petitioners Vs. State.....................................................Opposite-Party Judgment January 23, 2......e order of framing charge the petitioners moved this application and obtained the present Rule. 7. No one appears to support the Rule although the matter appears in the daily cause list for a long time. 8. The learned Assistant Attorney General appearing for the opposite party opposes the Rule...... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896....... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896...Category: Criminal Law | Date: | Hits: 71
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... (Special Original Jurisdiction) Present: Abdul Awal J M Moazzam Husain J Iqbal Hossain and six others.......................................Petitioner Vs. Chairman, Labour Appellate Tribunal and Others..............Respondents Judgment January 11, 2011. Lawyers Invol......ted to him by a Guard of the respondent No.3. Thereafter, he was not allowed to enter into the office of the respondent No. 3 and no copy of such termination letter was ever served on him. In the meantime, he became sick and remained as such till 26-7-2002 and on his recovery he went to the Head Off...... allowed to enter into the office of the respondent No. 3 and no copy of such termination letter was ever served on him. In the meantime, he became sick and remained as such till 26-7-2002 and on his recovery he went to the Head Office of the respondent No. 3 located at Kawran Bazar on July 27, 2002...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ..Category: Labour and Industrial Law | Date: | Hits: 161
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
....………………....................Petitioner Vs. Bangladesh and other............................Respondents Judgment January 18, 2011. Lawyers Involved: SM Rezaul Karim, Advocate-For the Petitioner. Karunamoy Chakma, Deputy Attorney-General-For the Respondent. Writ Pet......states the mode of giving appointment in the Freedom Fighters quota but the respondents in this-Case have utterly failed to follow the circular as well as instructions issued by the Government from time to time and, as such, the respondents should be directed to follow the circular very meticulous...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ..Category: Employment/Service Law | Date: | Hits: 91
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....ng him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......ation calling upon the Registrar of Trade Marks, Dhaka and "the company" to show cause as to why the Trade Mark No.C-5707 in Class-29 should not be expunged from the register of Trade Marks. At the time of issuance of that rule a stay order also was granted staying operation of the said registered......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..Category: Intellectual Property Law | Date: | Hits: 270
Nasir Uddin Vs. State, represented by the Deputy Commissioner, Narayanganj, 2011, 40 CLC (AD)
....ffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......gonj, being informant, lodged an ejahar with Siddirganj Police Station to the effect that on 14-3-2005 he along with other accompanying force were on special duty within Siddirganj PS area. At that time they received secret information that terrorist Nasir was staying in his house with illegal arm...... alleged arms and ammunitions from the heap of garbage and handed over those to police. The learned Advocate has argued that in this case the seizure list witnesses did not support the prosecution of recovery of these arms and ammunitions and that the sole evidence of police personnel only cannot pr......-3-2005 he along with other accompanying force were on special duty within Siddirganj PS area. At that time they received secret information that terrorist Nasir was staying in his house with illegal arms. The informant and other accompanying force then went to the house of terrorist Nasir and arr..Category: Criminal Law | Date: | Hits: 64
....gladesh and others…………Respondents
Judgment
June 1, 2011.
Cases Referred to-
Md. Arfan Uddin Akand with Mr. Kamal Uddin Akand Vs. Joint District Judge and Artha Rin Adalat No.1, Gazipur and another, 15 BLT(HCD) 2007, 343; Tafijul Huq Sarker Vs. Bangladesh and othe......nbazar Branch, Dhaka (shortly the plaintiff-Bank). The petitioner obtained an SOD limit of Tk.65, 00,000/- (sixty five lacs) in terms of a sanction letter dated 29.01.2004. The loan was enhanced from time to time and lastly it was enhanced to Tk.4, 85, 00,000.00 (four crore eighty five lac) only by ......ld pay the entire loan liabilities. But they failed to repay the loan. So the plaintiff Bank filed Artha Rin Suit No.182 of 2006 in the court of Subordinate Judge and Artha Rin Adalat No.2, Dhaka for recovery of an amount of Tk.5, 90, 40,000/- with interest. Subsequently, the suit was transferred to......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....urt record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ....... The miscreants pointed arms to Azizur Rahman and Akter Hossain and asked them to keep silent and eventually the said Azizur and Akter Hossain managed to escape from the place of occurrence. At that time, the accused-persons went on raising slogans in the name of Purbabangla Communist Party and fle...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ...... road and thereafter other persons, who were waiting besides the road, came forward and participated in slaughtering Majedur Rahman Mridha alias Maju with sharp cutting weapon. The miscreants pointed arms to Azizur Rahman and Akter Hossain and asked them to keep silent and eventually the said Azizur..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....ts be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521....... 1. 9. In cross‑examination he stated that they returned to the BDR Head Quarter at 9‑45 PM and typed the numbers of currency notes seized in the office room of their Commander P.W.13. At that time no Civil Officer or civilian were present and admitted that they deposited Tk. 700.00 less in t......covered it from the belt of a sofa but P.W.12 Magistrate Asadul Islam stated that one Captain Wadud recovered the gold bars from the ‘puja Ghar’ and it is curious enough this important witness of recovery namely, Captain Wadud, has not been examined in the case nor he has been cited as a witness......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...Category: Criminal Law | Date: | Hits: 75
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
.... and others……………..Opposite Parties Judgment July 27, 1993. Case Referred to- Md. Shamsul Huda Vs. Mozammel Hoque, 26 DLR 319. Lawyers Involved: Khondker Saiful Hoque, Advocate ‑ For the Petitioner. SK Sinha with AK Ahmadul Hasan, Advocates - For the Opposite Parties.......e instance of the plaintiff petitioner. 11. Mr. SK Sinha, the learned Advocate for the opposite parties, submitted that the plaintiff-petitioner did not take steps for interrogatories within the time specified under the law and as such is not entitled to get any relief as prayed for and referre......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...Category: Procedural Law | Date: | Hits: 68
....s illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......ards the Administrator General the (High Court Division) shall be deemed to be a Court of competent jurisdiction for the purpose of granting probate or letters of administration under any law for the time being in force wheresoever the estate to be administered is situate.
7. Any letters of...... the same are applicable to such assets.
(2) Any order of Court made under the provisions of this section shall entitle the Administrator General,
(a) to maintain any suit or proceeding for the recovery of such assets, and
(b) if he thinks fit, to apply for letters of administration of the ...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
..
Category: Trust/Waqf Law | Date: | Hits: 183
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......twali P.S. Case No. 16(6)2005 under section 13 of the Money Laundering Protirodh Ain, 2002. 13. The High Court Division considered that even if the allegations made in the second F.I.R. were true, recovery of a huge amount of local currency from the vault of the principal accused, who admittedly ......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
.... Das, 2 BLC (AD) 59; Abdul Kader Mondal and others Vs. Md. Shamsur Rahman alias Md. Shamsur Rahman Saha, 19 BLD (AD) 183. Lawyers Involved: Abul Kalam Chowdhury, with Md. Osman Ghani, Advocates- For the petitioner. Khayer Ejaj Masud, with Sarder Abul Hossain, Advocates-For opposite par......nan, the defendant No. 5 had been serving in Saudi Arabia. The defendant Nos.1 and 2 are the daughters of the plaintiff. Their husbands are clever men. The defendant Nos.1 and 2 made attempts several times to grab the property of the plaintiff fraudulently. The plaintiff executed a power of attorney......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....1. Cases Referred to- 33 DLR (AD) 113; 31 DLR (AD) 89; Ashini Kumar Karmakar being dead his heirs Vs. Hari Mohan Shil and others 4 BLD (AD) 27. Lawyers Involved: Syed Mahmudul Ahsan, Advocatep-For the petitioner. Probir Halder with Abul Kalam Azad, Advocates-For the opposite-party No......tified copy of the impugned kabala shows that the kabala was registered on 9.10.2001 as per provision of section 60 of the Registration Act and the present case was filed long lapse of the stipulated time of limitation on 17.05.2003. 11. During trial 4 witnesses were examined by the pre-emptor-op......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....ministrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......e No.33 of 2002. 2. The facts, leading to the filing of this petition, in a nutshell, are as follows: 3. The petitioner was appointed as “Work mistri” in the Railway Department and at the time of his appointment in service, he declared that his date of birth was 08.04.1952 and in support......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....ngly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......e writ petitioner was born on 30.11.1946 and passed his matriculation examination from Bhaberchar Wazir Ali H.E. School under the East Pakistan Higher Secondary Education Board, Dhaka in 1961. At the time of registration of his name in the school records his date of birth was wrongly recorded as 30.......nt had worked beyond 22.8.2002 without any objection raised from the appellant’s side and the appellant stayed having got the work from the respondents, it was not proper at the latest date to make recovery of salary. 9. We have considered the submissions of the learned Counsel for both partie...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 58
.... (HCD) (1993) 502.......n favour of their petitioner society by the order dated 19.6.90. The respondent No.1 as plaintiff also filed a petition for temporary injunction and the petitioner appeared in the suit and prayed for time to file written statement and the Assistant Judge on consideration of the plaint came to a find......nection section 141 CPC and the decisions in the cases of Thakur Prasad Vs. Fakirulla, ILR 17 Allahabad 106 and Neerala Tea Estwo Vs. Govt. 41 DLR 90 may be seen. 'Civil' proceedings is a process for recovery of individual right or redress of individual wrong, inclusive, in its proper jurisdiction a......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
....rence application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......he assessee for the assessment years 1977‑78 and 78‑79 submitted returns of income. Notices under sections 23(2), 22(4) were issued but as the assessee did not appear, the case was adjourned from time to time for hearing and ultimately the assessment was completed under section 23(4) by the Assi...... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500....... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500...Category: Fiscal/Taxation Law | Date: | Hits: 98
.... of Public Works & Urban Development, Government of Bangladesh and others.........................Respondents
Judgment
April 28, 1991.
Lawyers Involved:
Khademul Islam Chowdhury, Advocate ‑ For the Petitioners
Hasan Arif, Deputy Attorney‑General with Delwar Hossain, Assistant ......itioners would be rehabilitated within four months from date."
6. Thus, it seems to us that the petitioners moved this High Court Division under Article 102 of our Constitution after long lapse of time. For such inordinate delay the High Court Division is loath to exercise its power under Article......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
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