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Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)

....ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......n against an order of the trial Court refusing to modify valuation of a suit as contemplated under section 8(c) of Court Fees Act upon an application filed by the defendant. 2. The facts necessary for disposal of this Rule are that the plaintiff instituted Title Suit No. 498 of 1981 in the Court ......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ............Opposite Parties. Judgment July 25, 1990. Cases Referred to- Keramat Ali Bepari Vs. Province of East Pakistan, 22 DLR 646; Syed Ahmed Vs. Keshab Chandra and another, 1988 AD 60. Lawyers Involved: Rabi Shankar Chakraborty with SC Das, Advocates ‑For the Petitioner. Musta..

Category: Procedural Law | Date: | Hits: 83

Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)

....t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ....... 18 and 20 dated 28.8.84 and 2.9.84 respectively passed by the Commercial Court No. 1 in Title Suit No. 29 of 1984 should not be set aside. 2. The plaintiff‑opposite party filed a mortgage suit for recovery of Tk. 668118/‑ from the defendant‑petitioner on the allegations, inter aila, that ......t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......ammel Haque...........................................................Petitioner Vs. Uttara Bank, Bangabandhu Avenue Branch, Dhaka.............Opposite Party. Judgment August 30, 1990. Lawyers Involved: Ajmalul Hossain with Iftekher Ahmed, Advocates ‑For the Petitioner. A Q M ..

Category: Property Law | Date: | Hits: 90

Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)

....e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......en fraught with inconvenience and as the share of the defendant Nos. 5 and 6 has been wrongly and collusively recorded in their names, the plaintiff has been constrained to institute the present suit for declaration of her title to 1.216 acres of land and for partition of her total of 2.48 acres of ......e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......dra Kapali Chowdhury and another Vs. Arjun Chandra Kapali & others, 15 DLR 628; Sadak Ali Vs. Surju Ali & others, 7 DLR 94; Lala Hem Chand Vs. Laid Pearey Lal and others, AIR 1942 (PC) 64. Lawyers Involved: Md. Shahjahan with SM Amin Azhar, Advocates ‑For the Appellants. Akram Hos..

Category: Property Law | Date: | Hits: 71

Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)

....further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......For the Petitioner. Sk. Abul Hossain, Advocate-For the Respondent. Matter No. 48 of 1988 Judgment Md. Mozammel Hoque J. -This is an application under section 38 of the Companies Act, 1913 for an order directing the respondent‑company for the rectification of the Share Register of the M......further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ...... Present: Md. Mozammel Hoque J Investment Corporation of Bangladesh.............Petitioner Vs. Bata Shoe Company (Bangladesh) Ltd.............Respondent. Judgment May 24, 1990. Lawyers Involved: ABM Khairul Hoque, Advocate-For the Petitioner. Sk. Abul Hossain, Advocate-F..

Category: Company Law | Date: | Hits: 208

Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)

....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ......fter referred to as the IDBP) established a jute mill at Chowmohani in the district of Noakhali under Promoters Agreements dated 25.6.63 as amended on 12.8.65. Subsequently the petitioner company was formed on 27.7.65 and it took over the said jute mill. After the liberation of the country the petit......hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ...... Naimuddin Ahmed J Delta Jute Mills Limited and another................Petitioners Vs. Sonali Bank and others..................................Respondents. Judgment March 14, 1990. Lawyers Involved: Rafiqul Haque with Shoriful Haque Advocates‑ For the Petitioner. Asrarul H..

Category: Company Law | Date: | Hits: 213

Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)

....h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ......e order No. 78 dated 9.3.89 passed by the learned Subordinate Judge, 1st Court, Dhaka in Miscellaneous Case No. 6 of 1987 rejecting an application under Order 9 rule 13 of the Code of Civil Procedure for setting aside the ex parte decree passed in Title Suit No. 95 of 1982 should not be set aside. ......h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ......pposite Parties. Judgment February 19, 1990. Cases Referred to- M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court, 1988 BLD page 1; Syed Anisul Huq Vs. MH Arif, 40 DLR 314. Lawyers Involved: S A M Mahbub Elahi with Md. Mizanur Rahman Bhuiyan, Advocates ‑ For the Petit..

Category: Procedural Law | Date: | Hits: 68

Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)

....uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......Police Station under section 409 of the Penal Code by the Upazila Nirbahi Officer, Gobindaganj Upazila through Deputy Commissioner, Gaibandha which was sent to the District Anti Corruption Bureau for investigation by the Gobindaganj police. The facts of the case as narrated in the FIR in short, ......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ........ Opposite-Party Judgment December 11, 1991. Cases Referred To- Md. Safiruddin alias Safiruddin Vs. State, 1981 BLD 150; State Vs. Azizur Rahman and another, 1937 CrLJ 225 (Karachi). Lawyers Involved: M Nurullah with AKM Safiullah, Shah Miron Alam and Bazlul Kabir, Advocates ‑ ..

Category: Criminal Law | Date: | Hits: 104

A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)

....ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......in Special Case No.1 of 1987 convicting the appellant under section 409 of the Penal Code read with section 5(2) of Prevention of Corruption Act (II of 1947) and sentencing him to suffer imprisonment for life and to pay a fine of Tk. 5000.00, in default, to suffer rigorous imprisonment for six month......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ...... Kazi Ebadul Hoque J A M A Wajedul Islam……………………Appellant Vs. State……………………Respondent Judgment March 10, 1993. Result: The appeal is dismissed. Lawyers Involved: MA Malek with M Itnan Ali, Lutfa Ara Begum and AKM Asaduzzaman, Advocates ‑ F..

Category: Criminal Law | Date: | Hits: 91

Aminuzzaman (Md.) Vs. People's Republic of Bangladesh, 1993, 22 CLC (HCD)

....rea, PS Danmondi, Dhaka, now being detained in Dhaka Central Jail at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ......in Dhaka Central Jail. The detenu was put in detention in pursuance of an order dated 29.1.93 passed by the District Magistrate, Dhaka under section 3(2) of the Special Powers Act, 1974 detaining him for 30 days. 2. The said order of detention was approved by the Government by an order dated 10.2......rea, PS Danmondi, Dhaka, now being detained in Dhaka Central Jail at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ......e's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others…………………………Respondents Judgment March 31, 1993. Lawyers Involved: Mahbubur Rahman with Md. Ahsanullah Patawary, Advocates ‑ For the Petitioner...

Category: Criminal Law | Date: | Hits: 85

Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)

....without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......4. Writ Petition No. 453 of 1986. Judgment Mainur Reza Chowdhury J.- This Rule Nisi under Article 102 of the Constitution was issued calling upon the respondents to show cause as to why the forcible eviction of the petitioners from 0.29 acres of land recorded in SA Khatian Nos. 1913, 1992,......s made by the District Authority to evict the petitioners from Government properties were met with failure because of false claims made by the petitioners in different courts". Ultimately, during the Martial Law, 1982 the District Authority by its memo No.869 (BN)/RR dated 17.6.82 and the Chalna Por......ainur Reza Chowdhury J Sk. Shahadat Ali and others…………………..Petitioners Vs. Deputy Commissioner, Khulna and others………………..Respondents Judgment May 25, 1992. Lawyers Involved: Sk Afzalur Rahman, Advocate ‑ For Petitioners. QA Hossain, Assistant Attor..

Category: Property Law | Date: | Hits: 138

Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)

....review to the Chief Martial Law Administrator and President of the Country. After the repeal of the Martial Order No. 9 pursuant to the Act I of 1986, the said Martial Law Order No.9 along with other Proclamations, Martial Law Regulations, Proclamations Orders, Chief Martial Law Administrator's Orde......ribunal in Administrative Tribunal Case No.59 of 1996 allowing-in-part. 2. The facts involved in the ease, in short, are that the respondent instituted Administrative Tribunal Case No.59 of 1996 before the Administrative Tribunal, Dhaka stating, inter alia, that he joined on 2.10.1977 as a Deputy...... granted Senior Scale on 15.07.1981; that on 04.02.1982 he joined on promotion as Additional Deputy Commissioner. By an order dated 22.05.1983, however, he was compulsorily retired from service under Martial Law Order No.9; that in view of the representation made by him from time to time against t.................Respondent Judgment April 29, 2009. Cases Referred To- Principal Secretary, President's Secretariat, Dhaka and others Vs. Mahtabuddin Ahmed, 42 DLR (AD) 214; 42 DLR (HCD) 1. Lawyers Involved: Morad Reza, Additional Attorney General, instructed by Md. Ibrahim Khalil, Advo..

Category: Administrative Law | Date: | Hits: 160

Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)

....t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ......ase No.6 of 1985 under section 34 of the Industrial Relations Ordinance, 1969, hereinafter shall be referred to as the Ordinance, in the Court of Respondent No.1, the Chairman, Labour Court, Rajshahi for declaration that the lay‑off notice of the petitioner 1 dated 10.1.85 was illegal and for an o......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ......LR (SC) 251; James Finlay and Co. Ltd. Vs. The Chairman, Second Labour Court Dacca 33 DLR (AD) 58; General Manager, Hotel Inter Continental Vs. The Chairman Second Labour Court, Dacca, 28 DLR 160. Lawyers Involved: Salauddin Ahmed, Advocate ‑ For the Petitioners. Abdur Rashid, Advocate �..

Category: Labour and Industrial Law | Date: | Hits: 129

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

....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ...... on 26.4.83 as an Assistant Vice‑President. Subsequently he became its Vice‑President with effect from 1.1.86 and served till 8.1.87. It appears from the papers submitted by the Bangladesh Bank before this Court that accused petitioner Mustafizur Rahman although served in the National Bank Limit......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......�….Opposite Party Judgment November 29, 1992. Case Referred to- Nadir Ali, 1960 CrLJ 188; Shaikh Shahidul Islam Vs, State, 44 DLR (AD) 192; Nisar Ahmed Vs. The State, 23 DLR (SC) 41. Lawyers Involved: Moudud Ahmed with Md. Azizul Huq, Advocates ‑ For the Petitioner. Dr. Rafi..

Category: Criminal Law | Date: | Hits: 125

Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)

....r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. .......1975 acres of ditch land of respondent had been requisitioned and finally acquired on 28.2.83 in LA case No.41/64‑65. The land acquisition collector assessed in all Tk. 1,10,627.74 as compensation for the land. 3. Being aggrieved by the assessment of compensation made by the LA Collector, the ......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......d To- Ishaque Vs. Bangladesh, 43 DLR (AD) 28; Abdul Gafur Khan and another Vs. Government of Bangladesh & ors., 42 DLR (AD) 99; Pearlman Vs. Keepers and Governors of Harrow School, All England Law Report Vol.1 1979 page 365; Anisminic Vs. Foreign Compensation etc., All England Law Report 19..

Category: Property Law | Date: | Hits: 76

Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)

....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ...... Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against the alleged illegality of the acceptance of the nomination paper of Abdul Hayat Sarker, respondent No.4 for the post of Chairman of Narsingdi Pourashava election submitted on 5.1.93. The case of the petit......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......Commission and others……………………..…..Respondents Judgment January 28, 1993. Case Referred to- Regina Vs. Medical Appeal Tribunal, ex parte Gilmore, 1957 IQB at page 583. Lawyers Involved: M Amirul Islam with Md. Nurul Huda and Raquibul Haque Miah, Advocates – For t..

Category: Election Law | Date: | Hits: 126

Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)

....en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......le 102 of our Constitution the respondents have been called upon to show cause as to why the orders dated 14.8.85 passed by the respondent No.1 declaring the Baitul Aman Mosque “a waqf by user" and forming a Management Committee with eleven members for the management of the said Mosque and the ord......en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ...... Mahmudur Rahman J Mahmudul Amin Chowdhury J Surat Ali (Md)……………..Petitioner Vs. Administrator of Waqfs and others……………….Respondent Judgment April 30, 1991. Lawyers Involved: Abdul Hamid Chowdhury, Advocate ‑ For the Petitioner. AQM Safiullah, Advoc..

Category: Trust/Waqf Law | Date: | Hits: 183

Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)

....elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......rayanganj Police Station on 15.5.85 on accusations, inter alia, that he was an employee of one Belayet Hossain, Proprietor of Comilla Salt Industries. In the morning the said Belayet Hossain had left for his village home and in his absence the accused opposite‑party Abdul Gani Bhuiyan and his two ......elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......Mahmudur Rahman J Shahabuddin………………………………..Petitioner Vs. Abdul Gani Bhuiyan………………………………….Opposite Party Judgment June 27, 1989. Lawyers Involved: Mahfuzur Rahman, Advocate ‑ For the Petitioner. Not represented ‑ the ..

Category: Criminal Law | Date: | Hits: 64

Siddique (Md) Vs. State, 1992, 31 CLC (HCD)

....e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......‑General with Shah Azizur Rahman Assistant-Attorney‑General ‑ For the State. Criminal Revision No.1325(R) of 1991. Judgment Habibur Rahman Khan J.- This is an application with a prayer for a direction for registering the appeal as being preferred within time and a Rule was issued by t......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ...... Cases Referred to- Elahi Bux Vs. The State, 39 DLR 164; Mustafizur Rahman Vs. State, 1985 BLD 335; Lal Mia Vs. the State, 42 DLR 15; Syed Mahmud Alam Vs. Syed Mehdi Hussain, PLD 1970 (Lahore). Lawyers Involved: Marfat Ali, Advocate ‑ For the Petitioner. AFM Shahid, Deputy Attorney‑G..

Category: Criminal Law | Date: | Hits: 68

Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)

.... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ......that land and the mosque and grave of their predecessor late Colonel MA Rashid to the southern side thereof. Respondent No.3, Chairman Rajdhani Unnayan Kartipakhya, in short, RAJUK required some land for construction of the link road connecting Green Road with Mirpur Road and the Planning Commission...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ......ty Commissioner, Dhaka and others………………….Respondents (In all the Petitions) Judgment July 29, 1992. Case Referred To- Sufia Khatun Vs. Secretary, Revenue, 20 DLR (SC) 18. Lawyers Involved: Khondkar Mahbubuddin Ahmed with Tofazzel Islam and ABM Bayazid, Advocates ‑ F..

Category: Property Law | Date: | Hits: 79

State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)

.... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......f the Criminal Law Amendment Act is directed against judgment and order of acquittal dated 30.9.2003 passed by the Divisional Special Judge, Khulna in Special Case No.18 of 2003. 2. Facts relevant for disposal of the appeal, in brief, are that the informant Md. Zahid Hossain, an Inspector of the ...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......rhanuddin J Md. Ruhul Quddus J The State………………………………………….Appellant Vs. Md. Shah Nowroj and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar Hossain, Assistant Attorney General -For the appellant. Md. Abdur..

Category: Criminal Law | Date: | Hits: 97

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