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Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....he Appellant. FKMA Mahbub, Assistant Attorney-General—For the State. Criminal Appeal No.2087 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 30-11-96 passed by the Divisional Special Judge, Rajshahi Division in Special Case No.26 of 19......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......f 1996 (Pabna), convicting accused appellant Md. Rowshan Ali under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him thereunder to suffer rigorous imprisonment for three years and to pay a fine of Taka 1,96,800.00, in default, to suffer rigorous imprisonment f..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
..... Writ Petition No.723 of 1994. Judgment Md. Abdul Quddus J.- Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order bearing No.32/94 (Ga)/Ra: FO-2/5231 dated 27-3-94 (Annexure A) to the petition should not be declared to have been made without lawful a......itioner Begum Tahmina an active member of the Jatiya Party and Secretary of the Health and Planning Department of the Central Committee of the National Mahila Party was served with the above impugned notice dated 27-3-94 (Annexure-A) under section 4(1) of the Anti-Corruption Act asking her to submit......assment of the petitioner who was earlier put to unnecessary trouble and harassment through arrest in connection with GD entry No.6767 dated 12-6-93 under section 54 of the Code of Criminal Procedure for which she moved the Metropolitan Magistrate Court wherefrom she was granted bail but she was the..Category: Criminal Law | Date: | Hits: 78
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....and 2. Civil Revision No. 3078 of 1994. Judgment Md. Abdur Rashid J.- This Rule was obtained by the successors-in-interest of the plaintiff, late Sultan Ahmed against the judgment and decree dated 16-06-94 passed by the Additional District Judge, 4th Court, Chittagong in Other Appeal No.146......s an out and our sale. There is no question of any mortgage ever entered into by plaintiff and defendant No.3. The defendants Nos. 1 and 2 further claimed to be bona fide purchasers for value without notice of the ‘Ekrarnama’. They asserted that the plaintiff was estopped from raising any questi......, at Upazila Mirsharai, Chittagong in other suit No.11 of 1982, and dismissing the suit. 2. On 21-02-82 the said predecessor-in-interest of the present petitioners as plaintiff instituted the suit for recovery of possession of the suit land purportedly under section 95 read with section 95A of th..Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....s. Civil Revision No. 2043 of 1991. Judgment Khademul Islam Chowdhury J.- This Rule issued on an application under section 115(1) of the Code of Civil Procedure is directed against the order dated 6-3-1991 passed by the learned Assistant Judge, Additional Court Rajshahi in OC Suit No. 402 o......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......the Code of Civil Procedure is directed against the order dated 6-3-1991 passed by the learned Assistant Judge, Additional Court Rajshahi in OC Suit No. 402 of 1982/69 of 1990 allowing an application for amendment of the plaint by way of striking out the name of the deceased sole defendant and addin..Category: Property Law | Date: | Hits: 71
Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)
....eral—For the Respondents. Writ Petition No.884 of 1995. Judgment Md. Fazlul Karim J.- In this application Rule was issued calling upon the Respondent No.1 to show cause as to why the order dated 20-4-92 passed by the respondent No.1 dismissing the Case No.191 of 1988 (Ka 303) Mirpur, Dhak......d to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456.......ia, that after liberation of Bangladesh the property was wrongly enlisted as abandoned property and it was published in the official gazette ‘Ka’ on 23-9-86. The petitioner filed an application before the Chairman Court of Settlement being case No.191 of 1988 for release of the house from the ab..Category: Procedural Law | Date: | Hits: 92
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....vil Revision No. 2073 of 1998. Judgment AK Badrul Huq J.- The subject matter of challenge in this Rule arising out of an application under section 115 of the Code of Civil Procedure is an order dated March 3, 1998 recorded by the learned Family Court and Senior Assistant Judge, Comilla Sadar i......rty is represented by the learned Advocate Ms. Farida Begum (Khan). 7. In approaching the controversy the relevant provision enshrined in section 21 of the Family Court Ordinance may profitably be noticed which is quoted hereunder: “Appearance through agents.— If a person required under th......nahar……………………….Opposite Party. Judgment June 24, 1999. Case Referred to- Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 43 DLR 543. Lawyers Involved: Lucky for Mashuque Hossain Ahmed, Advocates—For the Petitioner. Farida Begum (Khan), Advocate—For t..Category: Procedural Law | Date: | Hits: 67
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
.... Md. Azizul Hoque, Advocate—For the Petitioner. No one—For the Opposite Parties. Civil Revision No. 2138 of 1991. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 16-6-91 passed by the Subordinate Judge, 2nd Court, Dhaka allowing the application under Order......udge re-admitted the appeal by the impugned order without serving a copy of the application for re-admission upon the respondent, although on an earlier occasion he had passed an order for service of notice upon learned Advocate of the respondents. The learned Subordinate Judge by his order dated 16......assed by the Subordinate Judge, 2nd Court, Dhaka allowing the application under Order 41 rule 5 read with section 151 of the Code of Civil Procedure. Title Appeal No.226 of 1981 was earlier dismissed for default by order dated 6-6-91 which was ultimately set aside and the appeal re-admitted. 2. M..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....hmed, Deputy Attorney General—For the Respondent. Reference Application No.200 of 1991. Judgment Syed Amirul Islam J.- This reference application is directed against the judgment and order dated 17-9-90 passed by the Taxes Appellate Tribunal Bangladesh, Dhaka, in Income Tax Appeal No.1656.......1656 of 1985-86 (Assessment year 1981-82). 2. The assessee applicant did not file any return for the assessment year 1981-82 and on his failure to file the return the assessing authority issued a notice on 12-3-82 under section 22(2) of the Income Tax Act, 1922 (hereinafter called the Act) calli......d order dated 17-9-90 passed by the Taxes Appellate Tribunal Bangladesh, Dhaka, in Income Tax Appeal No.1656 of 1985-86 (Assessment year 1981-82). 2. The assessee applicant did not file any return for the assessment year 1981-82 and on his failure to file the return the assessing authority issued..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....asan Shaheen, Assistant Attorney-General—For the Respondents. Writ Petition Nos. 548 and 464 of 1994. Judgment Syed Amirul Islam J.- Both the Rules arise out of the same Judgment and order dated 1-12-1991 passed in Case No.719 of 1987 by the 1st Court of Settlement, Dhaka and as such they......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......ed in the Bangladesh Gazette (Extraordinary) on 23rd September 1986. Thereafter the petitioners filed Case No.719 of 1987 in the 1st Court of Settlement claiming to be owner of the case property and for exclusion of the same from the ‘ka’ list of the abandoned buildings and also prayed for rest..Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....hamsuddin, Advocates—For the Respondents. First Appeal No. 97 of 1994. Judgment Md. Abdul Maim J.- This appeal at the instance of the defendants is directed against the judgment and decree dated 19-1-1994 passed by the Subordinate Judge Munshiganj in Money Suit No.1 of 1991. 2. The Res......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......dinate Judge Munshiganj in Money Suit No.1 of 1991. 2. The Respondent as plaintiff instituted Money Suit No.1 of 1991 in the Court of Subordinate Judge, Munshiganj against the defendant-appellants for a decree of Taka 87,75,000.00 as damage. The plaintiff in the suit is Alhaj Muhammad Nurul Islam..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
.... Senior Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record - For the Respondent (In Civil Appeal No. 151 of 2001) Civil Appeal Nos. 95 and 151 of 2001 (From the Judgment and Decree dated 30.5.2000 passed by the High Court Division in First Appeal No. 225 of 1999) Judgment ......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......t those dated 28.4.1999 passed by the Second Commercial Court, Dhaka in Title Suit No. 1 of 1996 decreeing the suit. 2. The above title suit was filed by Aziz Pipes Ltd., a Public Limited Company for a decree of Tk. 1,44,39,817/- claiming that the said amount was realized by the defendant Bangla..Category: Civil Law | Date: | Hits: 126
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....o. 2088 of 1996. Judgment Md. Abdur Rashid J.- This Rule was obtained by defendant No. 11 upon making an application under section 115 of the Code of Civil Procedure against judgment and decree dated 25-11-95 passed by Additional District Judge at Kushtia in Title Appeal No. 262 of 1990 modify...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. .......) ………..Petitioner Vs. Md. Mokarram Ali and others ……….Opposite Parties. Judgment March 15, 2001. Lawyers Involved: Mir Mokhlesur Rahman with Nasrin Parvin, Advocates—for the Petitioner Md. Asaduzzaman Advocate- For the opposite Party No. 1 AFM Zubair, Advocate- f..Category: Property Law | Date: | Hits: 91
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....01. Judgment Kazi AT Monowaruddin J.- This Rule was issued calling upon the respondent Nos.1-7 to show cause as to why they shall not be directed to abide by the decision of the meeting No.8823 dated 13-9-2000 (Annexure-B to the petition) of the Board of Chittagong Port Authority, the responde...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......eting No.8823 dated 13-9-2000 (Annexure-B to the petition) of the Board of Chittagong Port Authority, the respondent No.1, which found respondent No.8 as a non-responsive bidder in respect of the bid for supply of four Rail Mounted Quay Gantry Cranes (QGC) with necessary spare parts and services and..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....olved: Not represented— the Petitioner. Not represented — the Opposite Parties. Civil Revision No. 190 of 1981. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.186 of 1978. 2......sed of with utmost expediency. The learned Subordinate Judge, 3rd Court, Dhaka is hereby directed to dispose of Money Suit No.186 of 1978 within six weeks from the date of receipt of this order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Cou....... Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.186 of 1978. 2. Short facts relevant for the purpose of the case are that the opposite party as plaintiff instituted a suit in the 3rd Co..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
..... 4569 of 2000. Judgment Md. Joynul Abedin J.- The petitioner, Hussain Muhammad Ershad, filed this petition under Article 102 of the Constitution challenging the Notification No.1(9)/2000 Law 2 dated 30-8-2000, Annexure-A, issued by the respondent No.1, Secretary, Bangladesh Parliament Secreta......67 or 70 of the Constitution for being disqualified or otherwise and ceases to be a Member, the Speaker is required under Rule 178(3) of the Rules of Procedure of Parliament to bring this fact to the notice of the House, if it is in session. If the House is not in session, the Speaker shall inform t...... 1966 Punjab 393); re P. An Advocate, AIR 1963 (SC) 1313. Lawyers Involved: KS Nabi, with Sheikh Md. Serajul Islam, Khaled Hamid Chowdhury, Md. Shahed Au Jinnah and Kazi Rehan Nabi, Advocates—for the Petitioner. Tania Amir with Manzill Murshid- for the Respondent No. 1. Writ Petition N..Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
....ellaneous Case No. 4587 of 1999. Judgment Md. Munsurul Haque Chowdhury J.- By this Rule opposite party was called upon to show cause as to why the impugned proceeding of Motijheel PS Case No.13 dated 02-03-99 and GR case No. 1267 of 1999 now pending in the court of learned Metropolitan Magistr...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ......otijheel PS Case No.13 dated 02-03-99 and GR case No. 1267 of 1999 now pending in the court of learned Metropolitan Magistrate, Dhaka should not be quashed. 2. According to the FIR lodged by the informant, the accused petitioner took Taka 1,64,000 from the informant as loan for personal need and ..Category: Criminal Law | Date: | Hits: 43
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... Md. Abdur Rashid J .- This Rule was obtained by the pre-emptee (purchaser) by making a revision application under section 115 of the Code of Civil Procedure, in brief, the Code, against order No. 33 dated 4-5-2000 passed by Senior Assistant Judge, Sadar, Sunamganj in Miscellaneous Case No. 22 of 19......applicant or the applicants at the time of making it deposit in the Court the amount of consideration money or the value of the transferred holding or portion or share of the holding as stated in the notice under section 89 or in the deed of transfer, as the case may be together with compensation at......de of Civil Procedure, in brief, the Code, against order No. 33 dated 4-5-2000 passed by Senior Assistant Judge, Sadar, Sunamganj in Miscellaneous Case No. 22 of 1998 (pre-emption). 2. Short facts for disposal of the Rule are that opposite parties No.1 and 2 made an application under section 96 o..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....nted—the Opposite Party Jail Appeal No. 4103 of 1991. Judgment Md. Abdur Rashid J.- This appeal was presented under section 420 of the Code of Criminal Procedure against judgment and order dated 31-3-90 passed by the Sessions Judge, Pabna in Sessions Case No.33 of 1989 (arising out of Cha......tion 3 Code of Criminal Procedure, all the confession accused retracted their confession by making separate applications alleging that the was extorted from each of them by the police torture. It was noticed by the trial Court that sheeted witnesses No.8, 13 and 16 we examined without any explanatio...... No.3 dated 7-3-89 and GR No.10 of 1989) convicting the appellant and three others under section 302 read with section 34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life. 2. The appellant along with eight other accused were put to trial before the above Sess..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....Md. Alamgir and Jail Gazi, Advocates—For the Opposite Party. Civil Revision No. 3254 of 2000. Judgment SK Sinha J.- Petitioner is the decree-holder who obtained this Rule against the order dated 11-6-2000 of the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Execution......for amendment of the plaint and schedule ‘Kha’ property has been included in the plaint. 10. In the solenama filed by the decree holder petitioner with the heirs of late Md. Jalaluddin, I have noticed that in the solenama clauses ‘ga’ and ‘ja’ have been amended and schedule ‘Kha’ ......d party opposite party. 2. This Rule arises out of the following facts: Petitioner instituted title Suit No.180 of 1986 in the 1st Court of Subordinate Judge, Dhaka against late Md. Jalaluddin for Specific Performance of Contract for sale of schedule ‘Ka’ property. During pendency of the ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....tes—For the Petitioner. Abdul Quayum, Deputy Attorney-General—For Opposite Parties. Civil Revision Case No. 2164 of 1999. Judgment SK Sinha J.- This Rule is directed against the order dated 15-6-1999 of the learned Additional District Judge, Naogaon in Miscellaneous Appeal No.38 of 1......istrict Judge has committed no error of law in vacating the order of injunction. 8. Admittedly, the suit property is a Hat. In the plaint which was produced at the time of hearing the Rule, I have noticed that there is no averment therein that no annuity has been fixed by the Government but in th......in Mouza Jat Amrul, Police Station Atrai, District Rajshahi without any interference from the principal defendants. After the institution of the suit, the plaintiff petitioner filed an application for injunction restraining the principal defendants from leasing out the Waqf portion of the Ahsango..Category: Property Law | Date: | Hits: 105
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