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Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
....3 (arising out of Mortgage Suit No.33 of 1996) rejecting the petitioner’s application filed under section 20 of the Financial Institutions Act, 1993 for appointment of an audit commissioner by Bangladesh Bank to inspect and examine his C.C. account. 2. Facts relevant for disposal of the Rule ar...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... for the respondents. Writ Petition No. 3664 of 2008. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 29.1.2008 passed by Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Case No.278...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....missed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......ral Tenancy Act was served upon the defendant-appellant. On appeal the case was sent back on remand against which the plaintiff-respondent filed a Second Miscellaneous Appeal. After setting aside the order of remand, the High Court Division directed the first appellate court to decide the appeal on ......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......1982. From the Judgment and Decree dated April 6, 1982 passed by the High Court Division in Second Appeal No. 177 of 1978. Judgment Fazle Munim CJ. - This appeal is against the judgment and order of the High Court Division passed in Second Appeal No. 177 of 1978 on April 6, 1982. 2. Pla......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ..Category: Procedural Law | Date: | Hits: 109
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
....ounsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......e, (A.K.M. Zahirul Huq, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No.1. Civil Petition for Leave to Appeal No.1398 of 2003. (From the judgment and order dated 25th May 2003 passed by the High Court Division in Writ Petition No.1350 of 2003). J...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..Category: Trust/Waqf Law | Date: | Hits: 148
Category: Election Law | Date: | Hits: 190
Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)
....e impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ......iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ......etitioner Amir-ul-Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1251 of 2003. (From the judgment and order dated 11th June 2003 passed by the Administrative Appellate Tribunal in Appeal No.47 of 2003).......iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 79
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
.... from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......plicity of litigation. 3. Upon filing of the suit the petitioner filed an application under Order XXXIX Rule 1 of the Code of Civil Procedure on 14.6.2000 and the trial court issued an order of ad-interim injunction restraining defendant Nos.1-4 from taking or making any payment under letter of c......Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos.2-6. Civil Petition for Leave to Appeal No.1205 of 2003. (From the judgment and order dated 27th July, 2003 passed by the High Court Division in F.M.A. No.234 of 2003). Judgmen......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 208
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....iul Alam and another………………………Petitioner Vs. Sree Bidhan Kumar Deb, Advocate………………………Opposite Party Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Afroza Bewa and others Vs. Md. Jalaluddin Pramanik, 48 DLR (A......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......r. Muhummad Jamiruddin Sircar with Md. Asaduzzaman and Mir Hashmat Ali, Advocates - For Opposite Party. Civil Revision No.20 of 1988. Judgment MA Aziz J.- This Rule is directed against an order dated 30-6-87 passed by the SCC Judge (Assistant Judge), Sadar Dinajpur in SCC Suit No.9 of 19......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....l is allowed. Cases Referred to- Abdul Hamid Vs. Ali Baksha Mondal, (1968) 20 DLR 699; Sultan Ahmed Vs. Hazera Khatoon, Civil Revisional Case Nos. 130 and 131 of 1969; Arthur Henry Forbe Vs. Bahadur Singh, 41 I.A. 91; Maharajadhiraj Uday Chand Mahtab Vs. Samarendra Nath Matra, 51 CWN (FR) 9. ......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......the decision of the Munsif, the decree-holder appellant preferred Miscellaneous Appeal No.40 of 1970. The learned Additional District Judge after hearing the parties allowed the appeal, set aside the order of the Munsif and rejected the application for setting aside the auction sale. A revision was ......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323...Category: Property Law | Date: | Hits: 60
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....e observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......m, Senior Advocate instructed by B.C. Pandey, Advocate-on-Record - For the Respondent Nos. 1-2. Ex-parte - Respondent Nos. 3-15. Civil Appeal No.13 of 1979. (On appeal from the judgment and order dated 31st May passed by the High Court Division in Civil Order No.824 of 1976) Judgment ......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320...Category: Property Law | Date: | Hits: 78
Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)
....maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ...... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ......nd Order dated 13-12-78 passed by the High Court Division in Civil Revision Case No.167 of 1978). Judgment Kemaluddin Hossaita CJ.- Defendants are the appellants and the appeal arises out of an order of temporary injunction which was allowed by the trial Court but on appeal the prayer was reje...... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ..Category: Property Law | Date: | Hits: 78
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....ance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......ed on 27.5.68 and as such the sale was illegal and void. 5. The trial Court dismissed the suit without cost holding that the plaintiffs having purchased the suit land during the subsistence of the order of attachment the registered sale deed in favour of the plaintiffs dated 27.5.68 was void and ......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316...Category: Property Law | Date: | Hits: 79
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....thout any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......nstructed by Shafiqur Rahman, Advocate-on-Record - For the Respondent No.1. Aminul Huq, Advocate-on-Record - Respondent No.1. Civil Appeal No.153 of 1978. (On appeal from the judgment and order, dated 3.2.1978 passed by the High Court Division in Appeal Nos. 4 and 6 of 1976). Judgment......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312...Category: Company Law | Date: | Hits: 164
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......ther with the decisions as cited and discussed we are of the view that this Rule does not merit any substance which should be discharged outright. In the result, the Rule is discharged without any order as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. The ......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....vice Society (CSS)................................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is made absolute. Cases Referred to- 57 DLR 741; 28 DLR 473; 12 MLR 401; 7 BLC (AD) 119; 49 DLR (......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......429 of 2005 Judgment Mamnoon Rahman J.- In an application under Article 102 of the Constitution of the People's Republic of Bangladesh, the petitioner has challenged the impugned judgment and order dated 30-11-2004 passed by the Chairman First Labour Court, Chittagong in Complaint Case No.66......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....risdiction) Present: Md. Momtazuddin Ahmed J Golam Mowla............Petitioner Vs. Abdul Hashem.................Opposite Party Judgment August 2, 2009. Result: The Rule is made absolute. Cases Referred to- Ranju Roy Vs. Jibesh Ranjan Roy, 14 MLR (AD) 18; Anwar Hossai......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......and decree dated 31-5-1986 passed by the Assistant Judge, Upazila Circuit Court, Sadar, Noakhali in the Title Suit No. 230 of 1982 dismissing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper." 2. The plaint case, in short, i......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....d 17-5-1997 directed the Bandar Police Station to enquire into the matter and submit its report. Bandar Police concluding investigation submitted its report on 23-5-1997 stating that the allegations made in the petition of complaint were found correct and that the first party was in possession of th......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......gment Md. Delwar Hossain J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the judgment and order dated 26-10-2005 passed by the learned Additional Metropolitan Sessions Judge, Court No. 5, Ch......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....the High Court Division.) Judgment Debesh Chandra Bhattacharya J. - These four appeals are by special leave against the order of a Bench of the High Court Division rejecting four applications, made separately by the appellant the Commissioner of Income Tax, under section 66(2) of the Incom......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......ssed in Income Tax Application No.88, 96 and 99 of 1912 and 98 of 1972 by the High Court Division.) Judgment Debesh Chandra Bhattacharya J. - These four appeals are by special leave against the order of a Bench of the High Court Division rejecting four applications, made separately by the ap......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....seized and Abdur Rahman was arrested. The charge-sheet was later submitted against these two appellants and 7 others including Abdur Rahman under section 255, 256, 258 and 259 of the Penal Code read with section 16(3) of the Act. The case was then transferred to the Court of Special Tribunal for......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112....... appellant. Sultan Hossain Khan, Deputy Attorney General, instructed by S.S. Huda, Advocate-on- Record-For the Respondent. Criminal Appeal No.3 of 1977. (In appeal from the judgment and order dated the 24th September, 1974 passed by the High Court Division in Criminal Revision No.1641 ......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76