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Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)

....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......arad Druta Bichar Ain, 2002, now pending in the Court of Mr. Golam Kabir, Magistrate 1st Class Druta Bichar Ain Adalat Sherpur should not be transferred from that Court to any other appropriate Court for fair and impartial trial and disposal. 2. The matter being urgent service of notice upon Stat......e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......bdur Rahman J Abdul Halim Ukil ....................Petitioner Vs. State........................... Opposite Party Judgment January 13, 2004. Result: The Rule is made absolute. Lawyers Involved: Rana Kawser, Advocate ‑ For the Petitioner. ABM Waliur Rahman Khan, Assist..

Category: Criminal Law | Date: | Hits: 71

Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)

....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......88 decreeing the suit should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. Opposite party No. 1 as plaintiff, filed the suit for declaration that the sale deed mentioned in schedule 2 to the plaint in respect of the suit prop......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ...... Miah J Foez Ahmed…………………………Petitioner Vs. Joynal Abedin and others…………Opposite Parties Judgment July 23, 2002. Result: The Rule is discharged. Lawyers Involved: Bashiruddin Ahmed, Advocate ‑ For the petitioner. Md Salahuddin, Advocate ..

Category: Property Law | Date: | Hits: 80

Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)

....ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......g these hard days of economic crisis. The service of the plaintiff though not regulated by the service regulations of the board but is protected by the principle of natural justice and hence the suit for declaration that the order of the principal dated 07‑09‑96 is illegal, void, inoperative and......ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......d Vs. Bangladesh Jute Industries, 31 DLR 196; Bangladesh Small Industries Corporation Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 411; 3 DLR 458; 13 DLR (AD) 228; 19 DLR 307; 21 DLR 581; 30 DLR 262. Lawyers Involved: Golam Mohammad Bhuiyan, Advocate ‑ For the Petitioner. Abul Kalam Chowdhur..

Category: Employment/Service Law | Date: | Hits: 96

MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)

....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......Rashid J. - Plaintiff presented the above appeal against an order dated 15‑04‑04 passed by Joint District Judge and Arbitration Court at Dhaka in Title Suit No. 1 of 2003, which rejected a prayer for mandatory injunction. 2. On 25‑02‑03 the plaintiff instituted the suit first for several ......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......lt: The appeal is dismissed. Cases Referred to- Water Development Board Vs. Shamsul Huq, 51 DLR (AD) 169; Aftabuddin Vs. Mahfuzus Sobhan and others, 10 BLD (AD) (1990) 47, 42 DLR (AD) 78. Lawyers Involved: Khandker Mahbubuddin Ahmed with Ozair Farook, Advocate ‑ For the Appellant. ..

Category: Civil Law | Date: | Hits: 73

Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)

....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......89 dismissing the suit should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioners as plaintiffs instituted the said suit for declaration that the deed of gift dated 13‑12‑88 executed and registered by Manada Sundari i......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......itta Ranjan Mistry and others ………………Petitioner Vs. Radheshyam Mistry and others ……………Opposite Parties Judgment May 13, 2002. Result: The Rule is discharged. Lawyers Involved: Sadananda Rana, Advocate - For the Petitioners. AH Farooqui with AM Ruhul Qu..

Category: Property Law | Date: | Hits: 65

Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)

....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ...... accordingly, sent the file to the teamed Chief Justice. Learned Chief Justice was pleased to direct us to hear and dispose of the matter. 3. Defendant No. 1 Uttara Bank obtained the Rule against aforesaid decree of reversal. Opposite party No. 1, Syed Abidur Reza as plaintiff on 17‑3­-82 inst......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......National Dock Labour Board, [196] 3 ALL E R 939; Executive Committee UP Warehousing Corporation Vs. Chandro Kiron Tyagi, AIR 1970 SC 1244; Indian Airlines Corporation Vs. Sukdeo, AIR 1971 SC 1828. Lawyers Involved: Md. Khalilur Rahnian with AQM Shafiqulla and Md. Ali Jinnah, Advocate ‑ For t..

Category: Employment/Service Law | Date: | Hits: 174

Bangladesh Electrical Indus­tries Limited and another Vs. Sena Kalyan Sangstha and others, 1992, 21 CLC (HCD)

....urt, however, is directed to dispose of the concerned suit expeditiously. Communicate this order to the concerned Court immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 749.......r was passed by this Court. Since no ad‑interim order was passed, the matter was heard expeditiously by this Court. It appears from a copy of the plaint that the plaintiffs have instituted the suit for the following reliefs: a) To pass a decree declaring that the notice dated 3.9.92 for the Boa......urt, however, is directed to dispose of the concerned suit expeditiously. Communicate this order to the concerned Court immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 749....... Ltd., AIR 1936 (Bom) 2; Hunter Vs. Hunter and others, 1936 Appeal Cases 222; Lyle & Scott Ltd. Vs. Scott's Trustees, 1959 Appeal Cases 763; Haji Md. Elias Vs. Mrs. Suraya Rahman, 1981 BCR 47. Lawyers Involved: Syed Ishtiaque Ahmed, Advocate with Rokan­uddin Mahmud, and Murad Reza, Advoca..

Category: Company Law | Date: | Hits: 181

CQM Md. Ayub Ali Vs. Bangladesh, represented by the Secretary, Minis­try of Works & others, 1993, 22 CLC (HCD)

....' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ......s, that originally the suit plot was allotted by the Government to one Md. Zahoor under Memo. No.588‑AO, dated 12.6.62 followed by proper conveyance deed dated 16.1.1963 leasing out the land to him for a period of 99 years and transferring to him by hire purchase the house built thereon on payment......' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ......n, Court of Settlement and another, Civil Petition Leave to Appeal No.290 of 1990; Civil Petition Leave to Appeal No.6 of 1991; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116. Lawyers Involved: M I Farooqui, Advocate ‑ For the Petitioner. Md. Saidur Rahman, AAG ‑ Fo..

Category: Property Law | Date: | Hits: 81

Madina Vegetable and Oil Refi­nery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)

....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......ur Rahman, Advocates ‑ For the Plaintiff. M Hafizullah with SK Siddique, Advocates -­ For the Defendants. Admiralty Suit No. 21 of 1993. Judgment AM Mahmudur Rahman J.- The application for arrest of the vessel along with the application for injunction filed by the plaintiff are taken ......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ...... Limited, (1959) AC 576; Al‑Sayar Navigation Co. Vs. Delta International Trader Limited and others, 34 DLR 110 (AD); Sakh Steel Industries Ltd. Vs. TSS Pacific Abeto and others, 35 DLR 188 (AD). Lawyers Involved: Dr. Kamal Hossain, with Shah Abu Nayeem, Mominur Rahman, Advocates ‑ For the ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 383

Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)

....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......eclared to have been taken or made without any lawful authority. Subsequently, having come to learn some new facts and with a view to avoiding future complications, an application was filed and moved for issuance of supplementary Rule Nisi. Whereupon the same Bench of this Court which initially issu......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63....... Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; ETV Ltd., 54 DLR (AD) 130, Professor Golam Azam Vs. Bangladesh, 45 DLR 423, Ram Chandra Sankar Deodhar Vs. State of Maharashtra, 1974 SCC 317. Lawyers Involved: Abdur Razzaque, Advocate‑For the Petitioner. Rafiqur Rahman with Serajur R..

Category: Civil Law | Date: | Hits: 63

KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)

.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......a. 3. The case of the plaintiff‑respondent Bank, in short, is that the Agrani Bank, Gulshan Branch, Granted a loan of Taka 28,6000 to the respondent Nos.2 and 3 and the appellant stood guarantor for the loan. Both the borrowers and the guarantor have defaulted in payment of the loan despite rep...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......Hossain Ahmed J KM Akhtaruzzaman........................Appellant Vs. Agrani Bank and others.................Respondents Judgment June 18, 2003. Result: The appeal is allowed. Lawyers Involved: Khandaker Mahbuhuddin Ahmed with Abdur Razzak Meah, Younus Halder and Md. Akbar..

Category: Civil Law | Date: | Hits: 83

Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)

....nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......t may seem fit and proper. 2. In the writ petition it has been stated, inter alia, that the petitioner in course of his business opened letter of credit No.1945‑3‑1‑1838 dated 17-­11‑2003 for US$ 9000 through Export Import Bank of Bangladesh Ltd. 55‑56 Motijheel C/A Dhaka for import of......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......thers Vs. Azizuddin Industries Ltd., 23 DLR (SC) 73 and Md. Shoib Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Industries, Dhaka and others, 27 DLR 315. Lawyers Involved: Mahmudul Islam with Mizanul Hoque Chowdhury Hasan Razib Prodhan and MA Hannan-F..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Abul Kashem Al-Asad Vs. Bangladesh, represented by the Secretary, Ministry of Land & others, 2004, 33 CLC (HCD)

....or amendment of the written statement stands rejected. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 51.......m fit and proper. 2. The petitioner as plaintiff instituted Title Suit No.142 of 1991 in the Court of the Senior Assistant Judge, Sadar Sylhet impleading the opposite parties as defendants praying for declaration of title to second schedule land and recovery of khas possession therein. The plaint......or amendment of the written statement stands rejected. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 51.......ers...............Opposite Parties Judgment June 22, 2004. Result: The Rule is vacated. Case Referred to- Abul Kalam Azad and another Vs. Sushar Ali and others, 46 DLR (AD) 130. Lawyers Involved: JN Deb, Advocate‑For the Petitioner. Not one appears- For the Opposite Par..

Category: Property Law | Date: | Hits: 71

A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)

....er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......000 passed by the Senior Assistant Judge, Fulpur, Mymensingh in Title Suit No.121 of 1999 should not be set aside. 2. The case of the petitioner, in short, is that the petitioner instituted a suit for declaration of title and recovery of khas possession in respect of suit land in the Court of the......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......alu and others…….......Opposite Parties Judgment April 27, 2004. Result: The Rule is made absolute. Cases Referred to- AIR 1917 Lah 423; AIR 1921 Lah 156, AIR 1930 (All) 600. Lawyers Involved: Md. Rezaul Hoque, Advocate-For the Petitioner. Omar Ali Khan, Advocate-For t..

Category: Property Law | Date: | Hits: 80

Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)

....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......It deserves mention here that during the pendency of this revisional application both the petitioner and opposite party No. 1 expired and their heirs were duly brought on record. 3. Facts relevant for the purpose of disposal of this revisional application, in short, are that the case khatian land......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......others, 45 DLR (AD) 26; Idris Miah (Md.) Vs. Promode Ranjan Das and others, 45 DLR 126; Golchera Khatun, 45 DLR (AD) 133; Sayeda Khatun and another Vs. Abedur Rahman and others, 1986 BLD (AD) 330. Lawyers Involved: AHM Obaidul Kabir with Ali Iman Khaled Rahim and Md. Ashrafuzzaman, Advocates-F..

Category: Property Law | Date: | Hits: 79

Azam Reza Vs. State, 2004, 33 CLC (HCD)

....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......ulshan Police Station Case No.18(1)04 dated 10‑1‑2004 under sections 302/201 of the Penal Code now pending in the 3rd Court of Additional Metropolitan Sessions Judge, Dhaka. 2. The short facts for disposal of the Rule is that, the petitioner's wife deceased Joyanti Munshi alias Joyanti Reza c......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......sult: The Rule is discharged. Cases Referred to- Ashraf Ali Munshi Vs. State, 48 DLR 590; Ashraful Vs. State, 1 MLR (AD) 372; Major (Retd.) Khairuzzaman Vs. State, 1998 BLD 357=3 BLC 344. Lawyers Involved: Abdul Malek with Khan Saifur Rahman, Md. Abu Hanif, Md. Shajibur Rahman, Advoca..

Category: Criminal Law | Date: | Hits: 96

Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others Vs. Managing Committee, Khashmahal Balurchar High School and others, 2003, 32 CLC (HCD)

....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed. The plaint of title Suit No.12 of 2002 is hereby rejected. Ed. This Case is also Reported in: 57 DLR (2005) 34. ...... show cause as to why the impugned order dated 8‑6‑2002 passed by the Senior Assistant Judge, Sirajdikhan, Munshigonj in Title Suit No.12 of 2002 rejecting the prayer of the defendant-petitioners for rejection of the plaint under Order VII rule 11 of the Code of Civil Procedure should not be set......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed. The plaint of title Suit No.12 of 2002 is hereby rejected. Ed. This Case is also Reported in: 57 DLR (2005) 34. ......ry Education Dhaka and others Vs. Motijheel Model (High School) and others, 46 DLR 485; Secretary of State Vs. Masket, AIR 1940 (PC) 105; Farida Begum and others Vs. Moulavi Md. Hasen, 43 DLR 242. Lawyers Involved: Dewan Mokhdum with Nurul Amin, Advocates-For the Petitioners. Md. Habibullah..

Category: Procedural Law | Date: | Hits: 72

One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)

....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......tition No. 620 of 2011). Not represented-For Respondent Nos.2-4 (In Civil Petition No. 620 of 2011). Not represented-For the respondents (In Civil Petition No. 1428 of 2011). Civil Petition for Leave to Appeal Nos. 620 & 1428 of 2011. (From the judgment and order dated 19th January......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......ent of Bangladesh and others ... ……………………………………..Respondents (In Civil Petition No. 1428 of 2011) Order July 28, 2011. Result: The petition is disposed of. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Shamsul Alam, Advocate-on-Reco..

Category: Civil Law | Date: | Hits: 59

Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)

....fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ...... Sinha J. - This appeal by leave is directed against the judgment and order dated 10th July, 2000 of a Division Bench of the High Court Division in Civil Revision No.414 of 1999. 2. Facts relevant for disposal of the appeal are that the appellants (plaintiffs) institut­ed Title Suit No.45 of 199......fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......nd another........................Appellants Vs. Nanda Lal Mridha and another.................................Respondents Judgment May 26, 2010. Result: The appeal is dismissed. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-..

Category: Civil Law | Date: | Hits: 55

Roy Mohan Dey Vs. Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others, 2011, 40 CLC (AD)

.... and decisions of the High Court Division and in the circum­stances this appeal be dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ......ainst the judg­ment and order dated 18.12.2002 passed by the High Court Division in Civil Revision No. 3847 of 1996. 2. The respondent No.1, as plaintiff, insti­tuted Other Suit No. 35 of 1990 before the Court of Senior Assistant Judge, 3rd Court, Sadar, Chittagong for partition on declaration ...... and decisions of the High Court Division and in the circum­stances this appeal be dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ......andra Dey being died his legal heirs: Snehabala Dey and others......................................................Respondents Judgment June 15, 2011. Result: The Appeal is dismissed. Lawyers Involved: Sobrala Chowdhury, Advocate instructed by Sufia Khatun, Advocate-on-Record-For ..

Category: Property Law | Date: | Hits: 49