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MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)

....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......lt: The appeal is dismissed. Cases Referred to- Water Development Board Vs. Shamsul Huq, 51 DLR (AD) 169; Aftabuddin Vs. Mahfuzus Sobhan and others, 10 BLD (AD) (1990) 47, 42 DLR (AD) 78. Lawyers Involved: Khandker Mahbubuddin Ahmed with Ozair Farook, Advocate ‑ For the Appellant. ......into one for a money decree of Taka 47,000,000 for price of the works done. 3. The plaintiff made two applications, one under section 151 for mandatory injunction on 19-03‑03 and the other under Order XXXIX rules 1 and 2 of the Code of Civil Procedure. In the applications, it is stated that the..

Category: Civil Law | Date: | Hits: 73

Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)

....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......itta Ranjan Mistry and others ………………Petitioner Vs. Radheshyam Mistry and others ……………Opposite Parties Judgment May 13, 2002. Result: The Rule is discharged. Lawyers Involved: Sadananda Rana, Advocate - For the Petitioners. AH Farooqui with AM Ruhul Qu......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...

Category: Property Law | Date: | Hits: 65

Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)

....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......National Dock Labour Board, [196] 3 ALL E R 939; Executive Committee UP Warehousing Corporation Vs. Chandro Kiron Tyagi, AIR 1970 SC 1244; Indian Airlines Corporation Vs. Sukdeo, AIR 1971 SC 1828. Lawyers Involved: Md. Khalilur Rahnian with AQM Shafiqulla and Md. Ali Jinnah, Advocate ‑ For t......o appeared to be his appointing authority." 19. It is also not disputed that at the time of termination Uttara Bank was one of the six banks constituted by the Bangladesh Banks (Nationa­lisation) Order, 1972 (President Order No. 26 of 1972) by taking over the undertaking of the Eastern Banking C..

Category: Employment/Service Law | Date: | Hits: 174

Bangladesh Electrical Indus­tries Limited and another Vs. Sena Kalyan Sangstha and others, 1992, 21 CLC (HCD)

....urt, however, is directed to dispose of the concerned suit expeditiously. Communicate this order to the concerned Court immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 749....... Ltd., AIR 1936 (Bom) 2; Hunter Vs. Hunter and others, 1936 Appeal Cases 222; Lyle & Scott Ltd. Vs. Scott's Trustees, 1959 Appeal Cases 763; Haji Md. Elias Vs. Mrs. Suraya Rahman, 1981 BCR 47. Lawyers Involved: Syed Ishtiaque Ahmed, Advocate with Rokan­uddin Mahmud, and Murad Reza, Advoca......s defendant No.6 and making payment thereof to M/s NV Philips the defendant No.6. f) All costs of the suit. 3. After institution of the suit the plaintiffs filed an application on 13.9.92 under Order 39 rules 1 and 2 of the Code of Civil Procedure for temporary injunction and on the said appli..

Category: Company Law | Date: | Hits: 181

CQM Md. Ayub Ali Vs. Bangladesh, represented by the Secretary, Minis­try of Works & others, 1993, 22 CLC (HCD)

....' list of Gazette notification as the abandoned property. 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) 746. ......n, Court of Settlement and another, Civil Petition Leave to Appeal No.290 of 1990; Civil Petition Leave to Appeal No.6 of 1991; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116. Lawyers Involved: M I Farooqui, Advocate ‑ For the Petitioner. Md. Saidur Rahman, AAG ‑ Fo......ted the same at the hearing mainly on the ground that the lessee was absent, his whereabout was not known and left the house uncared for and the buildings became abandoned by operation of President's Order 16 of 1972 and vested in the Government; that the alleged Bainanama is got up and ante‑dated..

Category: Property Law | Date: | Hits: 81

Madina Vegetable and Oil Refi­nery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)

....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ...... Limited, (1959) AC 576; Al‑Sayar Navigation Co. Vs. Delta International Trader Limited and others, 34 DLR 110 (AD); Sakh Steel Industries Ltd. Vs. TSS Pacific Abeto and others, 35 DLR 188 (AD). Lawyers Involved: Dr. Kamal Hossain, with Shah Abu Nayeem, Mominur Rahman, Advocates ‑ For the ......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 383

Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)

....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63....... Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; ETV Ltd., 54 DLR (AD) 130, Professor Golam Azam Vs. Bangladesh, 45 DLR 423, Ram Chandra Sankar Deodhar Vs. State of Maharashtra, 1974 SCC 317. Lawyers Involved: Abdur Razzaque, Advocate‑For the Petitioner. Rafiqur Rahman with Serajur R......respondents to show cause why the assent given by the Chancellor on 14‑12‑1972 to the said resolution, Annexure‑B, which comprised clause 18(2)(i) of the First Statutes of the Dhaka University. Order, 1973 (President's Order No.11 of 1973) should not be declared without any lawful authority an..

Category: Civil Law | Date: | Hits: 63

Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ...... Abdur Rahman (Md.) & another...........Petitioners Vs. Government of Bangladesh and others..............Respondents Judgment July 10, 2004. Result: The Rule is discharged. Lawyers Involved: Mahbubey Alam with Md. Abdul Alim Miah, Samarendra Nath Biswas Advocates-For th......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ..

Category: Property Law | Date: | Hits: 113

KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)

.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......Hossain Ahmed J KM Akhtaruzzaman........................Appellant Vs. Agrani Bank and others.................Respondents Judgment June 18, 2003. Result: The appeal is allowed. Lawyers Involved: Khandaker Mahbuhuddin Ahmed with Abdur Razzak Meah, Younus Halder and Md. Akbar...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ..

Category: Civil Law | Date: | Hits: 83

Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)

....nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......thers Vs. Azizuddin Industries Ltd., 23 DLR (SC) 73 and Md. Shoib Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Industries, Dhaka and others, 27 DLR 315. Lawyers Involved: Mahmudul Islam with Mizanul Hoque Chowdhury Hasan Razib Prodhan and MA Hannan-F......the goods were shipped and the supplier sent all the shipping documents, viz, commercial invoice, bill of lading, packing list, etc. As per provision of Article 5(ka) of the Pre‑shipment Inspection Order, 1999, the invoice and the packing list of the consignment have been endorsed by the PSI agenc..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Abul Kashem Al-Asad Vs. Bangladesh, represented by the Secretary, Ministry of Land & others, 2004, 33 CLC (HCD)

....or amendment of the written statement stands rejected. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 51.......ers...............Opposite Parties Judgment June 22, 2004. Result: The Rule is vacated. Case Referred to- Abul Kalam Azad and another Vs. Sushar Ali and others, 46 DLR (AD) 130. Lawyers Involved: JN Deb, Advocate‑For the Petitioner. Not one appears- For the Opposite Par......or amendment of the written statement stands rejected. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 51...

Category: Property Law | Date: | Hits: 71

Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)

....and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......Begum..................... Plaintiff-Appellant Vs. Afroza Bewa and others..............Defendants Respondents Judgment April 20, 2004. Result: The appeal is dismissed on contest. Lawyers Involved: Zahedul Bari, Advocate‑For the Appellant. Md. Amanullah, Advocate‑For th......either deposed further nor examined any witness. Thus she did not avail the opportunity of adducing further evidence allowed to her. None of the grounds of remanding a suit for retrial as provided in Order XLI rule 23 of the Code of Civil Procedure is present in this case. So, the suit should not be..

Category: Property Law | Date: | Hits: 63

A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)

....er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......alu and others…….......Opposite Parties Judgment April 27, 2004. Result: The Rule is made absolute. Cases Referred to- AIR 1917 Lah 423; AIR 1921 Lah 156, AIR 1930 (All) 600. Lawyers Involved: Md. Rezaul Hoque, Advocate-For the Petitioner. Omar Ali Khan, Advocate-For t......s. Rokeya Begum, the learned Senior Assistant Judge, Muktagacha, Mymensingh on her findings that the plaintiff proved the suit. 13. On 8‑6‑1999 an application was filed by the defendants under Order IX rule 13 of the Code of Civil Procedure for setting aside the ex parte decree and the Miscel..

Category: Property Law | Date: | Hits: 80

Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)

....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......others, 45 DLR (AD) 26; Idris Miah (Md.) Vs. Promode Ranjan Das and others, 45 DLR 126; Golchera Khatun, 45 DLR (AD) 133; Sayeda Khatun and another Vs. Abedur Rahman and others, 1986 BLD (AD) 330. Lawyers Involved: AHM Obaidul Kabir with Ali Iman Khaled Rahim and Md. Ashrafuzzaman, Advocates-F......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..

Category: Property Law | Date: | Hits: 79

Azam Reza Vs. State, 2004, 33 CLC (HCD)

....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......sult: The Rule is discharged. Cases Referred to- Ashraf Ali Munshi Vs. State, 48 DLR 590; Ashraful Vs. State, 1 MLR (AD) 372; Major (Retd.) Khairuzzaman Vs. State, 1998 BLD 357=3 BLC 344. Lawyers Involved: Abdul Malek with Khan Saifur Rahman, Md. Abu Hanif, Md. Shajibur Rahman, Advoca......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ..

Category: Criminal Law | Date: | Hits: 96

Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others Vs. Managing Committee, Khashmahal Balurchar High School and others, 2003, 32 CLC (HCD)

....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed. The plaint of title Suit No.12 of 2002 is hereby rejected. Ed. This Case is also Reported in: 57 DLR (2005) 34. ......ry Education Dhaka and others Vs. Motijheel Model (High School) and others, 46 DLR 485; Secretary of State Vs. Masket, AIR 1940 (PC) 105; Farida Begum and others Vs. Moulavi Md. Hasen, 43 DLR 242. Lawyers Involved: Dewan Mokhdum with Nurul Amin, Advocates-For the Petitioners. Md. Habibullah...... order dated 8‑6‑2002 passed by the Senior Assistant Judge, Sirajdikhan, Munshigonj in Title Suit No.12 of 2002 rejecting the prayer of the defendant-petitioners for rejection of the plaint under Order VII rule 11 of the Code of Civil Procedure should not be set aside and or pas such other order..

Category: Procedural Law | Date: | Hits: 72

One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)

....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......ent of Bangladesh and others ... ……………………………………..Respondents (In Civil Petition No. 1428 of 2011) Order July 28, 2011. Result: The petition is disposed of. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Shamsul Alam, Advocate-on-Reco............Petitioner (In Civil Petition No. 1428 of 2011) Vs. Government of Bangladesh and others ... ……………………………………..Respondents (In Civil Petition No. 1428 of 2011) Order July 28, 2011. Result: The petition is disposed of. Lawyers Involved: Dr. M. Z..

Category: Civil Law | Date: | Hits: 59

Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)

....fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......nd another........................Appellants Vs. Nanda Lal Mridha and another.................................Respondents Judgment May 26, 2010. Result: The appeal is dismissed. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-......fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..

Category: Civil Law | Date: | Hits: 55

Roy Mohan Dey Vs. Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others, 2011, 40 CLC (AD)

.... and decisions of the High Court Division and in the circum­stances this appeal be dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ......andra Dey being died his legal heirs: Snehabala Dey and others......................................................Respondents Judgment June 15, 2011. Result: The Appeal is dismissed. Lawyers Involved: Sobrala Chowdhury, Advocate instructed by Sufia Khatun, Advocate-on-Record-For ...... and decisions of the High Court Division and in the circum­stances this appeal be dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ..

Category: Property Law | Date: | Hits: 49

Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)

....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ...... Md. Shamsul Huda J Dipak Datta Bhola……………………. Petitioner Vs. The State..................... Respondent Judgment February 27, 2012. Result: Leave is granted. Lawyers Involved: Md. Helaluddin Mollah, Advocate - For the Petitioners. Md. Shohrowardi, Depu......spondent. Jail Petition No. 17 of 2008 (From the judgment and order dated 20th April, 2008 passed by the High Court Division in Death Reference No.85 of 2004 with Jail Appeal No.578 of 2004) Order Muhammad Imman Ali J. - This petition for leave to appeal at the instance of the condemned ..

Category: Criminal Law | Date: | Hits: 68