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Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)

....der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......esh) Co. operative Bank Ltd. 27 DLR (Dhaka) 523; DP Goenka Vs. Governor-General of Pakistan and another, 7 DLR 134; Pubali Bank Ltd. Vs. Santania Iron and Steel Industries and another, Civil Petition for Leave to Appeal No.644 of 1994 (unreported). Lawyers Involved: Abdur Razzak with Mamun Ali......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......Goenka Vs. Governor-General of Pakistan and another, 7 DLR 134; Pubali Bank Ltd. Vs. Santania Iron and Steel Industries and another, Civil Petition for Leave to Appeal No.644 of 1994 (unreported). Lawyers Involved: Abdur Razzak with Mamun Ali Quadri, Advocates — For the Appellant. Khan Sa..

Category: Business or Commercial Law | Date: | Hits: 196

Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)

....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......passed by the learned Additional Sessions Judge, 5th Court, Dhaka in Sessions Case No.49 of 1992 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 1,000.00 in default to suffer RI for two months more. 2. ......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......€¦â€¦â€¦â€¦â€¦..Respondent Judgment May 17, 1999. Result: The appeal is dismissed. Cases Referred to- State Vs. Basirullah, 16 DLR 189; Dhani Bux Vs. State, 1964 PLD Karachi 264. Lawyers Involved: Khurshid Alam Khan, Advocate — For the Appellant. AKM Zahirul Haque, Assis..

Category: Criminal Law | Date: | Hits: 54

Raisuddin Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others , 1999, 18 CLC (HCD)

....rd appreciation for the arguments advanced by Mr. Razzaque. For the aforesaid discussion, the Rule is discharged but with no costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 313.......espondent No.2 and the order 16-6-98 (Annexure C) of the respondent No.3 should not be declared to have been made without lawful authority and is of no legal effect. 2. Both the Rules are taken up for analogous hearing and are disposed of by this common judgment. 3. The petitioner of the Writ ......rd appreciation for the arguments advanced by Mr. Razzaque. For the aforesaid discussion, the Rule is discharged but with no costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 313.......t High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Raisuddin.....................Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ………………..Respondents Judgment Ja..

Category: Civil Law | Date: | Hits: 83

Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)

....ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......r Assistant Judge, Thakurgaon in other class Suit No.24 of 1985 striking out the written statement filed by the defendant petitioners. 2. Opposite party Nos.1 and 2 as plaintiffs instituted a suit for permanent injunction in the Court of the Senior Assistant Judge, Thakurgaon being other class Su......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......…………………Opposite Parties Judgment July 1, 1998. Result: The Rule is made absolute. Case Referred to- Arya Insurance Co Ltd. Vs. Lala Channoolal, AIR 1957 (All) 400. Lawyers Involved: Akram Hossain Amin, Advocate — For the Petitioners. Not Represented — th..

Category: Property Law | Date: | Hits: 108

Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)

....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ...... by learned Assistant Judge, Upazila Motlab, District Chandpur, decreeing Title Suit No.25 of 1987 against the contesting defendants Ito 4 and ex-parte against the rest. 2. The short fact relevant for the purpose of disposal of this Rule is that, the petitioners as plaintiffs instituted Title Sui......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......ul and others……………………Petitioners Vs. Mohammad Ali and others……………………….Opposite Parties Judgment August 25, 1998. Result: The Rule is discharged. Lawyers Involved: Mir Hasmat Ali with Lutful Hoque MajuMd.er, Advocates— For the Petitioners. ..

Category: Property Law | Date: | Hits: 65

Hindu Deity Lakshmi Gobinda Jew Vs. Deputy Custodian, Enemy Property, Government of Bangladesh and others, 1998, 17 CLC (HCD)

....t be treated as abandoned property or vested property (enemy property) by the defendants. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 300.......dinate Judge, Dhaka in Title Suit No.34 of 1970 dismissing the suit. 2. The petitioner as plaintiff instituted a suit in the Second Court of Subordinate Judge, Dhaka being Title Suit No.34 of 1970 for declaration of title in the suit properly and for a further declaration that the suit property c......t be treated as abandoned property or vested property (enemy property) by the defendants. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 300.......€¦â€¦â€¦..Opposite Parties Judgment August 16, 1998. Result: The Rule is made absolute. Case Referred to- Sukumar Bose and others Vs. Abani Kumar Halder and others, 60 CWN 778. Lawyers Involved: AB Roy Chowdhury, Advocate- For the Petitioner. AQ Rashid Ahmed, Assistant A..

Category: Property Law | Date: | Hits: 102

Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)

.... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299....... For the Petitioner. Not Represented — the Opposite Parties. Criminal Miscellaneous Case No. 4927 of 1997. Judgment AM Mahmudur Rahman J.- This application wider section 561A Cr.P.C. is for quashment of GR Case No. 3438 of 1997 pending before the Chief Metropolitan Magistrate, Dhaka. ...... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299.......amp; others…………………………Petitioners Vs. State………………………Opposite Party Judgment August 19, 1997. Result: The application is summarily rejected. Lawyers Involved: Sheikh Atiar Rahman, Advocate- For the Petitioner. Not Represented — the O..

Category: Criminal Law | Date: | Hits: 83

Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)

....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......the judgment and order dated 3-2-98 passed in Family Suit No.27 of 1996 by the learned Senior Assistant Judge and Family Court, Chouddagram, Comilla rejecting the defendant-petitioner’s application for rejection of the plaint under section 6(8) of the Family Court Ordinance 1985. 2. The Opposit......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......¦â€¦â€¦â€¦Defendant-Petitioner. Vs. Md. Shajahan (Shaju) and others…………………Plaintiff-Opposite Parties. Judgment April 2, 1998. Result: The application is rejected. Lawyers Involved: Syed Mahmud Hossain, Advocate - For the Petitioner. Not Represented - Opposi..

Category: Family Law | Date: | Hits: 166

Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)

....d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......waruddin J.- This application under section 115 of the Code of Civil Procedure directed against a judgment of affirmance arising out of a suit being Family Courts Suit No.17 of 1993 filed by the wife for the restitution of conjugal rights, realisation of dower and for maintenance. 2. The Family C......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......mmarily rejected. Cases Referred to- Abdul Kadir Vs. Salima, (1886) 8 All 149; Khodeza Begum and others Vs. Md. Sadeq Sarker, 1998 BLD 31; Anis Begum Vs. Md. Mostafa Wale, (1933) 55 All 743. Lawyers Involved: Md. Hannan with M Khaled Ahmed and AB Shawkat Ali, Advocates — For the Petiti..

Category: Family Law | Date: | Hits: 166

Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)

....urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290....... Suit No.108 of 1988. By this impugned order the learned Senior Assistant Judge allowed the case of the opposite party under Order 9 rule 13 of the Code of Civil Procedure. 2. Short facts relevant for disposal of the case are that, the petitioners as plaintiffs instituted a suit in the Court of t......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......¦â€¦â€¦Opposite Parties Judgment May 19, 1998. Result: The Rule is discharged. Case Referred to- Mozaffer Ahmed and others Vs. Moulvi Saleh and others, 40 DLR 239 = 1988 BCR 125. Lawyers Involved: Abdul Hamid with Firoza Afridi Parul Advocates — For the Petitioners. Nikh..

Category: Procedural Law | Date: | Hits: 58

Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)

....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......this Court may seem fit and proper. 2. The facts giving rise to this Rule are that the plaintiff petitioners instituted a suit being Title Suit No.53 of 1990 against the defendant opposite parties for a declaration of their title to the suit land described in the schedule to the plaint and for a ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......rs Vs. Government of Bangladesh and others………………………Opposite Parties Judgment May 20, 1993. Case Referred to- Bangladesh Vs. Israil and others, 1981 BLD (AD) 371 Lawyers Involved: AKM Faiz with Shah Mustak Ahmed, Advocates ‑ For the Petitioners. Moazzam ..

Category: Property Law | Date: | Hits: 68

Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)

....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......t Kazi Ebadul Hoque J.- This appeal by the defendants is against judgment and decree dated 27.3.1959 passed by the Subordinate Judge, Kushtia in Title Suit No.18 of 1957 decreeing plaintiff's Suit for declaration that seizure of the disputed goods on 5.1.55 and confiscation of the same on 3.9.55 ......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669....... Alim, 9 DLR 26; The Federation of Pakistan Vs. Dawood Corporation Ltd., 10 DLR 259; Rafiqul Alam Vs. Mustafa Kamal & others, 42 DLR (AD) 137; Ganesh Vs. Secretary of State, 1919 AIR (Bom) 30. Lawyers Involved: AY Salehuzzaman, Deputy Attorney General ‑ For appellants. MA Aziz with MR..

Category: Fiscal/Taxation Law | Date: | Hits: 125

Mojibar Vs. State, 1998, 17 CLC (HCD)

....er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......out of Kotwali PS Case No.19(11)94, corresponding to GR No.674 of 1994 convicting the accused appellant under sections 395 and 397 of the Penal Code and sentencing him to suffer rigorous imprisonment for 7(Seven) years in each section and also to pay a fine of Taka 2,000.00 in default to suffer rigo......er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......es Referred to- Ustar All Vs. State, 3 BLC (AD) 53; Bhobani Safer Vs. Theking, 76 indian Appeals 147; Lutfunnar Vs. The State, 27 DLR 29; Babor Ali Molla Vs. State, 44 DLR AD 10; 2 DLR (PC) 29. Lawyers Involved: Syed Ziaul Karim, Advocate — For the Appellant. Mahmud Hossain, Assistant ..

Category: Criminal Law | Date: | Hits: 78

Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)

....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......site party to show cause as to why they should not be enlarged on anticipatory bail in GR Case No.21 of 1998 pending in the Court of the Magistrate, 1st Class, Barisal. 2. Rule is opposed by the informant by filing affidavit-in-opposition and supplementary Affidavit-in-Opposition. In reply theret......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506....... State……………………………. Respondent Judgment July 14, 1998. Result: The Rule is discharged. Case Referred to- Md. Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Syed Ziaul Karim, Advocate — For the Petitioners. Md. Zafar Imam, Advocate..

Category: Criminal Law | Date: | Hits: 84

Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)

....order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......sed in Title Appeal No.18 of 1995, arising out of the judgment and decree passed in Title Suit No.28 of 1991 by the Assistant Judge, Pirganj dismissing the suit on contest. 2. Short facts relevant for the purpose of the case are that, the petitioners as plaintiffs instituted a suit in the Court o......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......opal Saha J Shyamal Chandra Roy……………..Petitioner Vs. Probhat Chandra Roy………………Opposite Party Judgment March 10, 1999. Result: The Rule is made absolute. Lawyers Involved: Md. Marfat Ali, Advocate — For the Petitioner None appears — For the Opp..

Category: Procedural Law | Date: | Hits: 91

Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ...... passed by the Subordinate Judge and Artha Rin Adalat, 4th Court, Dhaka in Title Execution Case No.20 of 1997 rejecting the application of the petitioners under section 151 of Code of Civil Procedure for restoration of possession on the ground that no executable decree was passed. 2. Short facts ......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......shy Amma, Vijayama and another, AIR 1990 Karala 37; Mababala Hegde Vs. Meenakshi Heggadithi and others, AIR 1960 Mysore 193; 43 DLR 207 and 539; AIR 1922 (PC) 269; 5 BCR (AD) 346; 12 BLD (AD) 245. Lawyers Involved: Abdul Quayum with Swapan Kumar Dutta, Advocates — For the Petitioners. Faz..

Category: Civil Law | Date: | Hits: 66

Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)

....d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......)88 corresponding to Ghatail PS Case No. 4(3)88, convicting the accused-appellants and other co-accused under section 395 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for seven years and to pay a fine of Taka 2,000.00 each, in default to suffer rigorous imprisonment ......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......The appeal is dismissed. Cases Referred to- Nazir Ahmed Vs. King Emperor, AIR 1936 (PC) 253; Hafizuddin Vs. State 42 DLR 397; Dipok Kumar Sarkar Vs. State, 8 BLD (AD) 109 = 40 DLR (AD) 139. Lawyers Involved: Khurshid Alam Khan, Advocate — For the Accused-Appellants. Mohammad Mostaf..

Category: Criminal Law | Date: | Hits: 70

Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)

....rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ......bordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.393 of 1987 exempting the plaintiff from the necessity of impleading 36 persons as defendants in the suit. 2. Short facts relevant for the purpose of the case are that opposite party No.1 as plaintiff instituted a suit in the 3rd C......rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ......l Alam Khan and others Vs. Md. Gulzar Alam and others, 1984 BLD 21 = 36 DLR 290; Mir Shariatullah Vs. Abdur Rahman Bepary and others 8 DLR 645; Shaimon Bewa Vs. Shafiruddin and others, 38 DLR 265. Lawyers Involved: Mohammadullah, Advocate - For the Petitioner. Not Represented - the Opposite..

Category: Procedural Law | Date: | Hits: 67

Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)

....ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483....... Judgment Md. Joynul Abedin J.- The petitioner by this application has sought to review the judgment and order dated 7-2-1999 whereby this Court declared the annual general meetings of the company for the years 1982 to 1997 held on 29-8-1998 null and void and of no legal effect as the same were n......ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......Result: The review application is not allowed. Cases Referred to- Maqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and others, 48 DLR (AD) 82; 50 DLR 429; 51 DLR 118; 48 DLR (AD) 178. Lawyers Involved: Dr. M Zahir with Morshed Ahmed Khan, Advocates — For the Petitioner. Md. K..

Category: Company Law | Date: | Hits: 186

Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)

...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479....... respondent No.3, Deputy Administrator of Waqfs (1) as official Mutawalli (Annexure-F) should not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner, after placing the petition and other materials on record, submitted that petitio......, is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......d.)………………..Petitioner Vs. Secretary, Ministry of Religious Affairs and others………………..Respondents Judgment August 5, 1999. Result: The Rule is discharged. Lawyers Involved: Khondker Mahbubuddin Ahmed with MA Azim Khair Advocates — For the Petitioner...

Category: Trust/Waqf Law | Date: | Hits: 142