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Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)

....mstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......with the building standing thereon at a consideration of Tk. 2,700/‑ and the possession of the same was delivered to him on 20.7.1961. The plaintiff was compelled to leave the suit property for the time being, for his personal safety just after the liberation of Bangladesh being a non‑local and ......appearing for the plaintiff‑appellant, submitted that the learned Trial Court erred in dismissing the suit without considering that the property is in possession of the government and no prayer for recovery of possession is required. 9. Mr. Kaiseruddin Ahmed, the learned Deputy Attorney‑Gener......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ..

Category: Property Law | Date: | Hits: 73

Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)

....hat the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......of factors to be taken into account. The claim usually made in that arbitration is quicker, cheaper, more expert and more private than litigation…………..If you are in the wrong and want to gain time, insist upon the best Arbitrator in the business”. The reasons for which I am driven to quote......und of the partnership firm of which Golam Hossain Ariff and his son through first wife were partners. And on the death of Golam Hossain Ariff his son Ismail and Aisha filed Suit No.22161 of 1989 for recovery of money from Bengal Silk Mills Ltd. The Bengal Silk Mills Co. Ltd. thereafter filed anothe......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..

Category: Alternative Dispute Resolution | Date: | Hits: 174

Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)

....ning sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......W.s and from their statements under section 342 of the Code of Criminal Procedure and the documents filed by them is that they are innocent and they were in actual possession of the case lands at the time of occurrence and it was the complainant party whose members trespassed into the same and attac......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ...... accused persons assaulted them. He further states that apart from the accused persons Abul Hashem, Bacha Miah, Abdur Rahim also came with the accused but he could not remember whether there were any arms with the said persons except the accused persons. He further states that he was picking up gras..

Category: Criminal Law | Date: | Hits: 86

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

............Petitioner Vs. Bangladesh and others…………………………..Respondents Judgment January 6, 2011. Lawyers Involved: Shah Md. Munir Sharif with Md. Sohel Rana, Advocates-For the Petitioner. Ali Mostafa Khan with Ms.Nahid Sultana, Advocates-For the Respondent. ......cuting Court is directed to grant certificate under Order XXI rule 83 (2) of the Code of Civil Procedure allowing the petitioner to sell the schedule-A property or any part thereof within a specified time in Artha Execution Case No.131 of 2009. If the petitioner fails to sell the said property or a ......k Limited, Bangshal Branch, Dhaka as plaintiff instituted Artha Rin Suit No.33 of 2003 before the Artha Rin Adalat No.3, Dhaka against the defaulting borrower M/S Florida International and others for recovery of loan amounting to Taka 1, 80, 92,680.24 (one crore eighty lac ninety two thousand six hu......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 80

Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)

....rt Division (Special Original Jurisdiction) Present: Mohammad Anwarul Haque J Md. Akram Hossain Chowdhury J Mohammad Shahabuddin, Proprietor, Sunrise Engineers, 18/1 Moneswar Road, Zigatola, Dhaka-1209………...................................................Petitioner Vs. Go......spondent No.3 issued the impugned letter cancelling the tender proceeding on the ground of limitation Annexure-C to the petition asking the petitioner to take back the earnest money at his convenient time. Thereafter, the petitioner filed an application to review the impugned order of cancellation A...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 133

Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)

....ants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......of his family went to bed after having supper at about 9 p.m. His wife (Sufia Begum, P.W.2) and daughter waked up at about 3 o’clock and went outside of the room to respond natural call. In the meantime, two robbers entered into the room, following whom his wife and daughter rushed there. The robb......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 58

Babul and others Vs. State, 2011, 40 CLC (HCD)

.... bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......, they asked her to go away. After coming back from Bashurhat, she heard an alarm from the house of the informant and rushed there. She further stated that on the following day she was present at the time of lifting the dead body from the canal. At the instance of the villagers including appellant N......told that the police had asked to burry the dead body at once and accordingly the dead body was buried. In cross-examination she could not mention the name of rickshaw puller, who apprised them about recovery of the dead body. She further stated that she herself did not see any occurrence and could ......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 111

Bulu and others Vs. State, 1992, 21 CLC (HCD)

....e set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......unded him and then the accused Mozahid dealt a blow on his belly by Pashali and other accused caused injuries at different parts of the body of Md. Abu Sayeed with the weapons in their hands. At that time witnesses Sohel and Abul Khair came to the place of occurrence on a motor cycle. P.W. Backkar s......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..

Category: Criminal Law | Date: | Hits: 83

Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)

.... accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......thi on 12.8.86 at 10‑00/11‑00 AM. Monir informed him at Sharsha on 13.8.86 that his niece Rahima had died Liking poison. Then he went to the house of his sister to inform about the same . At that time P.W.6 Abul Kashem, P.W.7 Amir Hossain and Abdul Jabbar went to that house and told them that th......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75...

Category: Criminal Law | Date: | Hits: 78

Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)

....eme Court High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Tobarak Ali Sikder.....................Petitioner Vs. The Administrator of Waqfs……………...........Respondents Judgment November 4, 1992. Cases Referre......EC No.1571/9 of the office of the Administrator of Waqfs. That the Waqif, late Alhaj Md. Yousuf Sarder died childless. In accordance with the Waqf deed the Waqif remained the mutwalli during his life time and the petitioner became the first mutwalli after his death Two of Waqif s relations, namely M......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...

Category: Trust/Waqf Law | Date: | Hits: 157

Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)

....n appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......f the Income Tax Act and not under section 10(2)(XVI) of that Act as alleged. It appears from the impugned judgment of the Income Tax Appellate Tribunal that in mentioning under section 10(2), second time in the above quoted judgment, it was not mentioned whether the claim was allowed under clause (......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)

....(HCD) (1993) 35....... case. On 3.1.91 the complainant was personally present before the tribunal but the hearing of the case was adjourned due to the absence of the opposite party without any step. A petition praying for time appears to have been left with the Bench Assistant but there was none to move it. The Tribunal ......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35.......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35...

Category: Employment/Service Law | Date: | Hits: 94

Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)

....owdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ......The learned Deputy Attorney‑General then endorsed the matter to the learned Assistant Attorney‑General (Civil) who, received it on 6.1.90 and prepared the memo of appeal on 7.1.90. But in the meantime prescribed period for filing appeal expired on 4.1.90. Petitioner presented the memo of appeal ...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ..

Category: Procedural Law | Date: | Hits: 87

Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)

....ashid Ahmed................. Petitioner Vs. Abdul Nabi Sawdagar and others.....................Opposite Party Judgment August 14, 1990. Lawyers Involved: Mustafa Niaz Muhammad, Advocate ‑ For the Petitioners. Not represented‑ the Opposite Parties. Civil Revision No.199 of......under the Government with regard to the enemy property as lessees from year to year. Now the question is whether the petitioners who had limited interest as lessees only for certain limited period of time can obtain a decree for permanent injunction. It seems to me that the finding of the lower appe......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ..

Category: Property Law | Date: | Hits: 75

Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)

....per, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ......e only thing that remains to be done is to engross it on stamped paper under Article 45 of the Stamp Act for which no limitation has been prescribed. Any of the parties to the decree may do it at any time and the only effect of engrossment of the decree on stamped paper would be that it would be ren...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ..

Category: Property Law | Date: | Hits: 76

Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)

....tioner Vs. University of Dhaka and others...................Respondents Judgment March 14, 1991. Cases Referred to- Wasim Ahmed Khan Vs. Secretary, Board of High School and Intermediate Education, UP Allahabad and another, AIR 1961 Allahabad 290; Karamjit Kaur Vs. The Punjab Univer......tory and Culture‑1st paper and Philosophy‑3rd paper in the script sitting in the Examination Hall and that the allegations brought against him are false. The petitioner also contended that at the time of examination or before publication of the result no invigilator or the persons responsible fo......in passing the impugned order dated 28.11.89 (Annexure-I). 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) 20. ......in passing the impugned order dated 28.11.89 (Annexure-I). 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) 20. ..

Category: Others | Date: | Hits: 122

Abdul Jalil Sheik­ Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)

....bdul Hasib J Abdul Jalil Sheik­………..Petitioner. Vs. Md. Abdul Quddus Sarker............Opposite Party. Judgment June 12, 1991. Lawyers Involved: Abdul Momin Talukder, Advocate ‑For the Petitioner. Not represented ‑ the Opposite Party. Civil Revision No. 1332 of ......al area of 0.34 decimals after depositing the consideration money. 3. The opposite party contested the case by filing written objection. When the case came up for hearing the petitioner prayed for time and such prayer for time was allowed with a cost of Taka 200.00. The petitioner or his lawyer d......e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ..

Category: Property Law | Date: | Hits: 75

Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)

....yed Fazle Ahmed J Afzal Meah.................Petitioner Vs. Bazal Ahmed and others.................Opposite Parties Judgment April 1, 1991. Lawyers Involved: Md. Ruhul Amin, Advocate ‑ For the Opposite Party-Petitioner No. 8. Md. Momtazuddin Ahmed, Advocate ‑ For the Peti...... All the co-­sharers of the entire land amicably are in possession as per their convenience. 4. Opposite Party No.1 pre‑emptor has been residing in Qatar, Middle East for considerable period of time in connection with his service and in August, 1977 he came back to this country and on 2.12.79 ......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ..

Category: Property Law | Date: | Hits: 72

Nasir Miah, Malik Nasir Soap Factory Vs. Md. Anwar Hossain Executive Officer, Commander Soap Factory Ltd., 1994, 23 CLC (HCD)

....ned Advocate for the appellant. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (1996) 28. ......unction. Plaintiffs prayed for temporary injunction against the defendant appellant was allowed by the impugned order. 3. Being aggrieved by the same defendant preferred the present appeal. At the time of Admission of the appeal this Court stayed operation of the impugned order for two months. ......herefore, find no merit in the contentions of the learned Advocate for the appellant. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (1996) 28. ......herefore, find no merit in the contentions of the learned Advocate for the appellant. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (1996) 28. ..

Category: Intellectual Property Law | Date: | Hits: 224

Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)

..... Rupali Bank and others………………………………………Opposite Parties Judgment June 12, 1994. Lawyers Involved: Nurul Islam Chowdhury, with Md. Khurshid Alam Khan, Advocates-For the Petitioner. Badruddin Ahmed, Advocate-For the Opposite party No.1. Civil Revision......arned Subordinate Judge is directed to hear the application for amendment and the objection filed by the defendant Nos.1-4 afresh and to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also...... was not entitled to recover any money and that the defendant by way of counter claim and set off prayed for a decree for a sum of Taka 4,75,51,476.60 paisa with interest at the rate of Taka 20% till recovery for the loss sustained by the defendants on account of the illegality, misconduct and mis......d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ..

Category: Civil Law | Date: | Hits: 92