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Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)

....e is also Reported in: 41 DLR (HCD) (1989) 156. ......nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ...... detenu, though he was not named in the F.I.R. and no arti­cles were recovered from his possession or from his godown; that during the pendency of this case, the District Magistrate, Pabna issued an order of his de­tention vide Memo No.306/C dated 15.5.87 (Annexure-C) on some false and flimsy reas......nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ..

Category: Criminal Law | Date: | Hits: 60

Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)

....rn in all these appeals. 2. All but two appeals have been preferred without being accompanied by copies of the judgment or order appealed against. In Jail Appeal No. 2098 of 1992, the appellant pleaded guilty of the charge and the Special Tribunal sentenced him to rigorous imprisonment for two ye......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495....... law, they are taken up together for disposal and this judgment would govern in all these appeals. 2. All but two appeals have been preferred without being accompanied by copies of the judgment or order appealed against. In Jail Appeal No. 2098 of 1992, the appellant pleaded guilty of the charge ......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...

Category: Criminal Law | Date: | Hits: 73

Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)

....o this Court might seem fit and proper. 2. Facts relevant for the purpose of disposal of this rule, in short, are that having found the convict petitioner Md. Ayub Ali moving suspiciously on the road at Fringi Bazar area of the Chittagong town on 24‑10‑89, PW 1 Abdul Khaleque, Sub-­Inspector......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......Ali a Rule was issued calling upon the Deputy Commissioner Chittagong and the complainant opposite party No. 1 to show cause as to why the proceedings of CR Case No. 1017 of 1989 (B‑497/90) and the order dated 23‑9‑92 passed by the Metropolitan Magistrate, Chittagong re-arresting the petitione......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ..

Category: Criminal Law | Date: | Hits: 87

Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)

....(Md.) and others ......................Respondents Judgment June 22, 2004. Result: The appeal is allowed. Lawyers Involved: ABM Mahbub Suman, Advocate ‑ For the Appellant. Nawshad Zamir with Osman Gani and Mahfuza Begum, Advocates ‑ For Respondent Nos. 1 to 4. First Misce......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......ani and Mahfuza Begum, Advocates ‑ For Respondent Nos. 1 to 4. First Miscellaneous Appeal No. 33 of 2000. Judgment Md. Abdur Rashid J. – Pre-emptors presented the above appeal against an order dated 07‑09‑99 passed by Subordinate Judge, Court No. 2 at Noakhali in Miscellaneous Case ......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485...

Category: Property Law | Date: | Hits: 71

Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)

....Quddus J AFM Abdur Rahman J Abdul Halim Ukil ....................Petitioner Vs. State........................... Opposite Party Judgment January 13, 2004. Result: The Rule is made absolute. Lawyers Involved: Rana Kawser, Advocate ‑ For the Petitioner. ABM Waliur Ra......e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......Learned Advocate refers to copy of petition filed in the Court by accused for time on 07-01‑2004 to move application under section 526 of the Code before the High Court Division and the copy of the order dated 07‑01‑2004 by the Court rejecting the prayer and proceeding with the case, examining......e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281...

Category: Criminal Law | Date: | Hits: 71

Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)

....e said words of the defendant and waited for the information from him. After about 2 months the plaintiff heard that the defendant created a sale deed in respect of the suit land. Then the plaintiff made a search and after obtaining the certified copy of the sale deed came to know definitely about t......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ...... appeal and affirming the judgment and decree dated 18‑07‑1988 passed by the Assistant Judge, Ramgati in Title Suit No. 9 of 1988 decreeing the suit should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. Opposite party No. ......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ..

Category: Property Law | Date: | Hits: 80

Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)

....red to- SE Kabir Vs. Spencer & Co, (Pak) Ltd and others, 21 DLR 581; Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 30 DLR 262; Messrs Malik and Haq and another Vs. Muhammad Shamsul Islam Chowdhury and two others, 13 DLR (SC) 228; Azizur Rahman Vs. Burmah Oil Co, (Pak) T......ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......the Managing Committee and finally dismissed the plaintiff on the ground that on 24‑06‑96 the plaintiff entered into the room of the Head Master over the ceiling, that the plaintiff disobeyed the order of the authority, that he removed some valuable records including the resolution book of the s......ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ..

Category: Employment/Service Law | Date: | Hits: 96

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

....e days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......ed of, and also to compel performance of the requisite acts". 22. Upon said principles, it is now well settled that a Court in an appropriate case is empowered to arrant mandatory injunction in ad interim form under Order XXXIX rule 1 and/or 2 of the Code of Civil Procedure. In extraordinary case...... First Miscellaneous Appeal No. 138 of 2004 with C. Rule No. 251 (fm) of 2004 and Civil Revision No. 1026 of 2004. Judgment Md. Abdur Rashid J. - Plaintiff presented the above appeal against an order dated 15‑04‑04 passed by Joint District Judge and Arbitration Court at Dhaka in Title Suit......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. ..

Category: Civil Law | Date: | Hits: 73

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

....: 56 DLR (2004) 468.......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.......affirming the judgment and decree dated 22‑8‑89 passed by the Assistant Judge, Nesarabad in Title Suit No. 16 of 1989 dismissing the suit should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioners as plaintiffs instit......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)

.... 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. ......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. ...... to be taken before the statutory Labour Court created by the Ordinance. 22. Proviso to unamended section 25(1) (b) of the Act at the time reads as follows: “No complaint shall lie against an order of termination of a worker under section 19, unless the worker concerned is an officer of a re......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. ..

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

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

.... Case is also Reported in: 45 DLR (HCD) (1993) 749.......haka in Title Suit No.162 of 1992 should not be set aside and/or pass such other or further order or orders as to this Court may deem fit and proper. 2. At the time of issuance of the Rule no ad‑interim order was passed by this Court. Since no ad‑interim order was passed, the matter was heard......ates ‑ For the Opposite Party No.7. Civil Revision No. 2762 of 1992. Judgment Amirul Islam Chowdhury J.- This Rule was issued on the opposite party Nos. 1 and 2 to show cause as to why the order dated 15.9.92 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No.162 of 1992 s......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...

Category: Company Law | Date: | Hits: 181

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

.... as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ......' 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. ......page 9762 (26) against serial number 62 under the caption "Name of areas" Mohammadpur, Block 'F' Dhaka" shall not be declared to have been made without lawful authority and as to why the judgment and order dated 23rd May7 1989 passed by the Court of Settlement in case No.668/88 (Annexure E annexed t......' 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. ..

Category: Property Law | Date: | Hits: 81

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

....the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......s the statements made therein does not disclose any cause of action to attract the jurisdiction of the High Court of Admiralty under section 6 of the Admiralty Court Act, 1861 and consequently the ad interim order of arrest was without jurisdiction and the ship is to be released from arrest and the ......atements made therein does not disclose any cause of action to attract the jurisdiction of the High Court of Admiralty under section 6 of the Admiralty Court Act, 1861 and consequently the ad interim order of arrest was without jurisdiction and the ship is to be released from arrest and the plaint m......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)

....73 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......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....... Syndicate was required under section 31(3) to send a draft proposal to the Chancellor for amendment of the said clause of the First Statutes setting out the reasons and the object for such change in order that the Chancellor before giving his assent was satisfied that such change in the name of the......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...

Category: Civil Law | Date: | Hits: 63

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

....h Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Abdur Rahman (Md.) & another...........Petitioners Vs. Government of Bangladesh and others..............Respondents Judgment July 10, 2004. Result: The Rule is di......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. ......Miscellaneous Case No. 20 of 2002‑2003 by the respondent No.3 (as contained in Annexure‑'I') shall not be declared to have been made without lawful authority and is of no legal effect and or such order or further order or orders passed as to this Court may seem fit and proper. 2. The case of ......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)

....amed, Advocate-For the Respondents. First Appeal No.114 of 2003. Judgment Md. Abdul Matin J.- This appeal under section 96 of the Bankruptcy Act, 1997 is directed against judgment and order (adjudication) dated 27‑1‑2003 passed by the Additional District Judge and Bankruptcy Court, Dhak...... 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. ......aled Ahamed, Advocate-For the Respondents. First Appeal No.114 of 2003. Judgment Md. Abdul Matin J.- This appeal under section 96 of the Bankruptcy Act, 1997 is directed against judgment and order (adjudication) dated 27‑1‑2003 passed by the Additional District Judge and Bankruptcy Cour...... 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)

....ll of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......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. ......y Attorney‑General-For the Respondents. Writ Petition No.1052 of 2004. Judgment Md. Abdul Wahhab Miah J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 1‑3‑2004 passed by respondent No.1 in the file under bill of entry No.C‑3187 dated......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. ..

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)

....hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 51.......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.......Not one appears- For the Opposite Parties. Civil Revision No. 3699 of 2002. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why impugned order No.104 dated 10‑6‑2002 passed by the Assistant Judge, Gowainghat, Sylhet in Title Suit No.......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)

....Subordinate Judge, Second Court, Bogra in Other Class Suit No.2 of 1994 dismissing the suit. 2. The appellant as plaintiff filed the above suit against original defendant Dr. GM Enamul Huq (now dead) for simple declaration of her title in the suit land described in the schedule of the plaint all......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. ......suit the defendant died and his legal heirs were substituted as defendant Nos. 1(ka) to 1(chha) who contested the suit adopting the written statement filed by their predecessor. 5. At the trial in order to prove the plaint case, the appellant alone deposed as P.W.1. No document was admitted into ......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. ..

Category: Property Law | Date: | Hits: 63

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

.... A Halim (Md.)...............................Petitioner Vs. Mafijul Islam Tarafder alias Kalu 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. La......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. ......ed. It was instituted on 29‑9‑1994 before the Senior Assistant Judge, Sadar, Mymensingh and was registered as Title Suit No.263 of 1994. The PW1 was examined on 2‑3‑1996 in part. On a general order, passed by the District Judge, Mymensingh on 3‑3‑1996 the suit was transferred to the Cour......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. ..

Category: Property Law | Date: | Hits: 80