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Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)

....with Md. Mozammel Haque-For the State. Criminal Revision Case No.26 of 1986. An application under Section 439 with Section 435 of the Code of Criminal Procedure, against the Judgment and order dated 10.8.85 passed by Mr. Nazrul Islam Magistrate 2nd Class Rajshahi arising out of G.R. No.89 of ......agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85...

Category: Criminal Law | Date: | Hits: 26

Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)

....M.M Khan - For the appellant. Md. Awlad Ali-For the respondent. Appeal from Original Order No. 286 of 1986. Judgment Anwarul Hoque Chowdhury J.- This appeal is directed against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attaching the......igin which are very much inferior in quality and the price of the said machineries arc much lower and according to the plaintiff this non supplying of machineries according to the indent amounts to a breach of the terms of the contract for which they have sustained a loss of U.S.A 3142 equivalent to..

Category: Business or Commercial Law | Date: | Hits: 209

State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)

....flect and assurance was given to him that he would not be given back to police custody rather ho would be sent to judicial lock up. The con­fessional statement of appellant Dablu was recorded on the date on which he was arrested. The Magistrate being satisfied that the confessional statement was vo......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...

Category: Criminal Law | Date: | Hits: 61

M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)

....y. Civil Revision No. 96 of 1987. In the matter of an application for stay. And in the matter of an application under Section 115 of the Code of Civil Procedure, 1908 for setting aside an order dated 3.12.86 passed by the Subordinate Judge and Commercial Court No.1 Dhaka in Money Suit No. 287/......b­servation made above. Therefore, we make Rule ab­solute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56...

Category: Civil Law | Date: | Hits: 88

Titas Gas Transmission and Distribution Company Ltd. Vs. Habib Oil Mills (BD) Ltd., 2001, 30 CLC (HCD)

....1. Judgment NK Chakravartty J.- This Rule at the instance of defendant-petitioner namely, Titas Gas Transmission and Distribution Company Ltd. is directed against the judgment and Order No. 23 dated 14-11-2000 passed by the learned Subordinate Judge, 4th Court Dhaka in Title Suit No. 276 of 1......fic Relief Act is totally misconceived inasmuch as the defendant company is under no obligation either legal or moral to restore gas connection to the plaintiff who is a habitual defaulter by willful breach of the terms of the contract. And, according to him, on the contrary, the plaintiff is under ..

Category: Civil Law | Date: | Hits: 115

Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)

....General- ­For the Respondents. Writ Petition No. 1791 of 1997. Judgment Md. Awlad Ali J.- This Rule was issued calling upon the respondents to show cause as to why the impugned Notification dated 17‑6‑1996 vide Annexure-F should not be declared to have been issued without lawful author......aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ..

Category: Fiscal/Taxation Law | Date: | Hits: 56

New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....rit Petition No. 3215 of 2001. Judgment Md. Hamidul Haque J.- This Rule Nisi issued calling upon the respondents to show cause why the impugned SRO No. 184 Ain/2001/Srakom 10/Ni: Mo: Ni 28/2001 dated 8th July, 2001 published in the Bangladesh Gazette (Annexure D) fixing minimum wages for worke......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33...

Category: Labour and Industrial Law | Date: | Hits: 96

Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)

....ner. MA Samad with MGH Ruhullah, Advocates—For the Opposite Parties. Civil Revision No. 4008 of 1999. Judgment Md. Fazlul Haque J.- This Rule is directed against the judgment and order dated 12-7-99 passed by the District Judge, Dhaka in Transfer Miscellaneous Case No. 326 of 1999 rej......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ..

Category: Civil Law | Date: | Hits: 73

Paul Reinhurt Limited and another Vs. Prime Textiles Spinning Mills Ltd. and others, 2001, 30 CLC (HCD)

....ill dispose of the above three Rules. 2. The Rules were obtained by defendant Nos. 1 and 2 upon making three revision applications under section 115 of the Code of Civil Procedure against an order dated 24-5-95 passed by Subordinate Judge, 5th Court at Dhaka in Title Suit No. 139 of 1994. 3. O......e suit is also stated to be with reference to the award as hereunder,- “21. “the cause of action for this suit arose on 25-5-92 when the defendant No. 1 falsely accused the plaintiff to commit breach of the alleged contract, on 3-6-92 when the plaintiff received notice of arbitration from LCA..

Category: Civil Law | Date: | Hits: 101

M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)

....Opposite Parties. Civil Revision No. 1389 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule the opposite party Nos. 1 and 2 were called upon to show cause as to why the impugned order dated 5‑5‑1996, passed by the learned Senior Assistant Judge, Sadar, Bhola in Miscellaneous Case......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32...

Category: Property Law | Date: | Hits: 28

Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)

....Opposite Parties. Civil Revisional No. 2699 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96 passed by the learned Assistant Judge, Dacupe Court under Khulna District in Misce......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...

Category: Property Law | Date: | Hits: 36

Aliluddin and others Vs. Ministry of Land Administration and Land Reforms & others, 1999, 28 CLC (HCD)

....olved similar facts and a common question of law are taken up together and disposed of by a single Judgment. 2. The above Rules were issued calling upon the respondents to show cause why the order dated 6-4-1994 passed by respondent No.1 (communicated under the signature of Respondent No.3 vide A......hout lawful authority and to be of no legal effect. In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ..

Category: Property Law | Date: | Hits: 31

Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)

.... Court Division at Rangpur Bench by the pre-emptee as petitioner in a revision application made under section 115 (1) of the Code of Civil Procedure, referred to hereinafter as the Act, against order dated 01-02-86 passed by the learned Munsif at Upazila Pirgachha, Rangpur allowing an application ma......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..

Category: Civil Law | Date: | Hits: 69

Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)

....din Ahmed, and some other respondents contested the general election for the Member of National Assembly of the Constituency No. 165, Kishoreganj‑1 and respondent No. 4 was declared as elected candidate and accordingly, Gazette notification was made by the Election Commissioner on 9th October, 200......s follows: "Where if all the necessary parties have been joined to the election petition, the circumstances that a person who is not a necessary party, has also been impleaded does not amount to a breach of the provisions of section 82 and no question of dismissing the petition under sub‑sectio..

Category: Election Law | Date: | Hits: 85

Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)

.... Ahmed, Advocate —For the Petitioner. Not represented —the State. Criminal Revision No. 30 of 1993. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and order dated 14-10-92 passed by the Additional District Magistrate, Manikganj in Criminal Appeal No. 2 of 1...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97...

Category: Criminal Law | Date: | Hits: 30

Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)

.... Rabiul Alam Chowdhury, Advocate-For the Respondents. Appeal from Original Decree No. 328 of 2001. Judgment Md. Abdur Rashid J.- Defendant No. 1 presented the above appeal against the decree dated 30‑4‑2001 passed by the Subordinate Judge, Court No. 3 at Dhaka in Title Suit No. 14 of 20...... after such admission, no further evidence was necessary. 56. We have perused the entire written statement. In last part of paragraph No. 13 defendant No. 1 has stated that the plaintiff committed breach of the contract and after the expiry of 31‑3‑1986 the contract dated 2‑4‑1985 expired..

Category: Civil Law | Date: | Hits: 78

Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)

....o. 368 of 2002. Judgment Md. Joynul Abedin J.- This Jail Appeal by the accused appellant Md. Shahidul Islam alias HM Shahid is directed against the judgment and order of conviction and sentence dated 15‑5‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Bishes Adalat No. 2 in Nari‑oâ€......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35...

Category: Criminal Law | Date: | Hits: 43

Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)

....nt Amirul Kabir Chowdhury J.- The petitioner in Writ Petition No. 5951 of 2003 challenged the vires of sections 5 and 6 of Druta Bichar Tribunal Ain, 2002 and the Notification issued vide SRO dated 2nd August, 2003 issued under section 6(a) of the aforesaid Ain transferring Companygonj (Noak......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..

Category: Criminal Law | Date: | Hits: 50

National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)

....re that on the request of one Md. Salauddin (the plaintiff in Title Suit No. 56 of 1987) the National Bank Ltd., Khulna Branch, Khulna ('NBL' for short) opened a letter of credit being No. 7‑9‑86 dated 3rd March, 1986 for US$ 2,79,500 in favour of Navegadora Panocenica SA (the defendant No. 5 in...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ..

Category: Business or Commercial Law | Date: | Hits: 202

Abu Jafar Md. Nurul Islam Vs. DG, Department of Environ­ment, Government of Bangladesh and others, 2003, 32 CLC (HCD)

.... the Applicants. Writ Petition No. 6970 of 2002. Judgment Md. Abdul Wahhab Miah J.- This Rule Nisi was issued calling upon the respondents to show cause as to why Memo No. Paribesh 4480/2204 dated 16­11‑2002 of respondent No. 2 issued under the signature of respondent No. 3 directing the......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 1. ..

Category: Environmental Law | Date: | Hits: 226