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Bangladesh Sugar and Food Industries Corporation and others Vs. Md. Shamsuddin Sheikh, 2011, 40 CLC (AD)

.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368..............Petitioners Vs. Md. Shamsuddin Sheikh........................................................................Respondent Order February 24, 2011. Result: Leave is granted. Lawyers Involved: Mainul Hosein, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-R......sh Sugar and Food Industries Corporation and others....................Petitioners Vs. Md. Shamsuddin Sheikh........................................................................Respondent Order February 24, 2011. Result: Leave is granted. Lawyers Involved: Mainul Hosein, ..

Category: Employment/Service Law | Date: | Hits: 180

Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)

....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218....... December 12, 2011. Result: Leave is granted. Cases Referred to- Bangladesh Vs. Md. Azizur Rahaman, 1994 (46) DLR (AD) 19; (AIR 1986 (SC) 1830; AIR 1987 (SC) 2348; AIR 1982 (SC) 917. Lawyers Involved: M. Amir-ul Islam, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate-on......n (Head Office), Motijheel C/A, Dhaka and another……………………………………....Petitioners Vs. Mr. Sukamal Sinha Choudhury and another………………………..Respondents Order December 12, 2011. Result: Leave is granted. Cases Referred to- Bangladesh Vs...

Category: Employment/Service Law | Date: | Hits: 211

Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)

....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ...... November 20, 2011. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233; Abu Bakar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: Md. Mobarak Hossain, Advocate - for the petitioners. No one appears - for th......were made applicable in a similar transfer that took place in 1953, wherein their Lordships of the Appellate Division observed as follows: “Section 95 has been again amended by the President’s Order No. 88 of 1972 with effect from 3 August 1972, but this amendment did not touch the period of ..

Category: Property Law | Date: | Hits: 87

Md. Hanif Talukder and others Vs. Paschim Kawniya Khan Bari Jame Masjid and others, 2011, 40 CLC (HCD)

....ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......................... Petitioners Vs. Paschim Kawniya Khan Bari Jame Masjid and others ............. Opposite Parties Judgment November 29, 2011. Result: The Rule is made absolute. Lawyers Involved: Tushar Kanti Roy, Advocate - for the petitioners. Md. Mubarak Hossain, Advoc......issued to examine the legality of order dated 22.9.2010 passed by the Joint District Judge, First Court, Barisal in Title Suit No. 33 of 2008 rejecting their application for addition of parties under Order I rule 10 of the Code of Civil Procedure. 2. Facts relevant for disposal of the Rule, in br..

Category: Procedural Law | Date: | Hits: 77

Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)

.... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... Shahidullah Shaik and others …………….Petitioners Vs. Atahar Shaik and others …………....Opposite Parties Judgment November 14, 2011. Result: The Rule is discharged. Lawyers Involved: S. M. Moonir with Lokman Karim, Advocates - for the petitioners. No one appe......ments, the suit was fixed for hearing ex parte on 12.3.1995 and ultimately it was decreed ex parte. 3. Against the said ex parte decree, the defendants filed Miscellaneous Case No.17 of 1995 under Order IX rule XIII of the Code of Civil Procedure. They filed the miscellaneous case on the averment..

Category: Procedural Law | Date: | Hits: 74

Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)

....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ners Vs. Sree Reboti Mohon Saha being dead his legal heirs Sree Rathindra Mohan Saha and others ...Opposite Parties Judgment November 21, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Nurul Islam, Advocate - for the petitioners. Not represented- the Opposi......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)

.... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ue and others……………Appellants Vs. Mustafizur Rahman…………………………………………..Respondent Judgment January 21, 2003. Result: The appeal is allowed. Lawyers Involved: A. F. Hassan Ariff, Attorney General (Borhanuddin, Deputy Attorney General with...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......Nagar Palika, Jaunpur, AIR 1990 Supreme Court 307; Zakir Ahmed Vs. The University of Dacca, 16 DLR 361; Bangladesh Vs. Md. Azizur Rahaman, 46 DLR (AD) 29; Abdul Mazid Vs. Mushafi Ahmed DLR SC 131. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General, instructed by Md. Sajjadul Huq......order had been passed without affording any opportunity of hearing to the appellant, therefore the order was illegal and void. The High Court committed serious error in upholding the commissioner’s Order setting aside the appellant’s appointment. In this view, Orders of the High Court and the Co..

Category: Employment/Service Law | Date: | Hits: 155

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ......l Industries Bangladesh Limited………………Plaintiff-Respondent Judgment March 20, 2011. Result: The appeal is allowed. Cases referred to- 19 DLR (SC) 143; 28 DLR (HD) 392. Lawyers Involved: Fazlul Karim with Md. Omar Faruk - For the Appellants. No one appears - For ......he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 113

Mst. Samrun Bibi alias Shaharan Bibi and others Vs. Md. Habibur Rahman and others, 2011, 40 CLC (HCD)

....t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: .............. Opposite Parties Judgment November 30, 2011. Result: The Rule is made absolute. Case referred to- Abul Kalam Azad and another Vs. Sunhar Ali and others, 46 DLR (AD) 130. Lawyers Involved: Probir Neogi, Advocate - for the petitioners. Abdul Quiyum, Advocate - for o......t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 67

Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)

....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ...... Nogendra Krishna Kundu and another……………………………………………………………Opposite Parties Judgment November 16, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Amirul Islam with Md. Rezaul Kabir Khan Advocates - for the petitioners. ......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 76

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

....e appeal is allowed with cost, the orders allowing pre­emption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ...... 271; Anwara Begum Vs. Nurjahan, 27 DLR (AD) 109; Manindra Chandra Ghose Vs. Mujibul Islam, 12 DLR 785; Rafiqul Islam Vs. Taibur Rahman, 18 DLR 475; Md. Shukura Vs. Ram Chandra Kapali, 6 DLR, 393. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Supreme Court (Mahbubey Alam, Advo......e appeal is allowed with cost, the orders allowing pre­emption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ..

Category: Property Law | Date: | Hits: 85

Syed Selim Ahmed Vs. Apparel World (Pvt.) Ltd. and another, 2011, 40 CLC (HCD)

....sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... Vs. Apparel World (Pvt.) Ltd. and another……………Respondents Judgment October 27, 2011. Result: The First Miscellaneous Appeal is dismissed and the Civil Rule is discharged. Lawyers Involved: Md. Harunur Rashid, Advocate - for the appellants. No one appears - for the ......ected against order dated 10.7.2002 passed by the Joint District Judge, third Court, Dhaka in Miscellaneous Case No. 52 of 2000 dismissing the same for default. The Miscellaneous Case was filed under Order IX rule XIII of the Code of Civil Procedure for restoration of the money suit on setting aside..

Category: Civil Law | Date: | Hits: 119

Wali Ullah Vs. Shaheda Begum and others, 2011, 40 CLC (HCD)

....ged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Case is also Reported in: ......haheda Begum and others………………………Opposite Parties Judgment March 14, 2011. Result: The Rule is discharged. Case referred to- Manohar Vs. Kishan, AIR 1938 Lah 10. Lawyers Involved: Dr. Rafiqur Rahman, with Nasima A. Rahman, Advocates - for the petitioner. N.......1991 passed by the Sub-Ordinate Judge, Second Commercial Court, Dhaka in Title Suit No. 243 of 1989. By the said order dated 21.3.1991 the learned Sub-ordinate Judge had allowed an application under Order XL rule 1 of the Code of Civil Procedure for appointment of a receiver of the suit property. ..

Category: Civil Law | Date: | Hits: 130

Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)

....Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......l Quddus J Nurul Islam and others ..............Petitioners Vs. Arif Ullah and others .................Opposite Parties Judgment March 5, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears - for either of the parties. Civil Revision No. 9386 of 1991.......possess them from the suit land, thus the cause of action for filing the suit for perpetual injunction arose. On the same averments, the plaintiffs filed an application for temporary injunction under Order XXXIX rule 1 of the Code. 4. Defendant Nos.1-6 (herein opposite party Nos.1-6) entered appe..

Category: Property Law | Date: | Hits: 70

Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)

.... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......thers..................................Petitioners Vs. Sree Sailesh Chandra Sen and others................Opposite Parties Judgment March 7, 2012. Result: The Rule is discharged. Lawyers Involved: Nahid Yeasmin, Advocate - for the petitioners. Mohammad Abdullah, Advocate -......s threatened to dispossess them from the suit land on 2.7.2002, thus the cause of action for filing the suit arose. 3. On the same averments, the plaintiffs filed an application on 10.7.2002 under Order XXXIX rules 1 and 2 of the Code for temporary injunction restraining defendant Nos.1-6 from di..

Category: Property Law | Date: | Hits: 84

Ismail Vs. State, 2009, 38 CLC (HCD)

....the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ...... Present: Mashuque Hosain Ahmed J Ismail…………… Convict-Petitioner Vs. The State……… Opposite party Judgment April 30, 2009. Result: The rule is made absolute. Lawyers Involved: Hamida Chowdhury, Advocate - For the Convict-Petitioner. Maksuda Akhter, Ass......the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 92

Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)

....ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......…………………………………………Respondent Judgment July 5, 2011. Result: The Appeal is allowed. Case Referred to- Aslam Jahangir Vs. The State, XX BLD (HCD) 426. Lawyers Involved: Md. Aminul Ahsan - For the appellant. Abdus Salam Mondal, Deputy Attorney Ge......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 95

Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)

.... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ...... absolute. Cases Referred to- Ajiran Nessa Bewa Vs. Md Abdul Mannan, 45 DLR 66 = 1992 BLD 323; Safar Ali Miah Vs. Badsha Siddique, 45 DLR 483; Sashi Mohan Sen Vs. Ain Ullah, 1992 BLD (AD) 8. Lawyers Involved: GM Azizur Rahman, Advocate - For the Petitioners. No one - For the Opposite ......atements but ultimately did not contest. The suit was ultimately decreed ex parte. On 15-11-1998 opposite party filed a Miscellaneous Case being Miscellaneous Case No. 50/1998 on an application under Order IX, rule 13 read with section 151 of the Code of Civil Procedure for setting aside the ex part..

Category: Civil Law | Date: | Hits: 100

Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)

.... pre­pare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242................................Petitioners Vs. Md. Foyzur Rahman and others………………………………………..Respondents Order January 23, 2012. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, Senior Advocate with (J. N. Deb, Advocate), instructed by Chowdh...... Muhammad Imman Ali J Md. Masuk Miah and others.....................................Petitioners Vs. Md. Foyzur Rahman and others………………………………………..Respondents Order January 23, 2012. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, S..

Category: Property Law | Date: | Hits: 87