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....Opposite Parties.
Judgment
May 30, 2001.
Case Referred To-
Sunahar Ali Vs. Mohammed Akuali, PLD 1957, Dhaka, 603.
Lawyers Involved:
Md. Muzaffar Hossain with Md. Azizul Islam, Advocates—For the Petitioners.
Munsur Habib with Md. Zainul Abedin and Shahanara Begum, Advocates—......ordinate Judge at Bogra for declaration of title and also for declaring the ex parte decree dated 2-2-86 as null and void. The suit was then re-numbered as Other Suit No. 78 of 1987.
4. In the meantime, the petitioners started Execution Case No.10 of 1986 for possession. Opposite Parties made an ...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610....... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610...
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
.... …………Opposite Parties. Judgment May 20, 2001. Case Referred To- Roy Charan Das Vs. Santosh Kumar Das and others, 22 DLR 790. Lawyers Involved: Faridul Alam Chowdhury, Advocate—the Petitioner. Not represented— the Opposite Parties. Civil Revision No. 166 of 1992.......l suits cognizable by it and in all proceedings arising out of such Suits: Provided that an applicator for an order to set aside a decree passed ex parte or for a review of judgment shall, at the time of presenting his application, either deposit in the Court the amount due from him under the de......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....Reported in: 53 DLR (HCD) (2001) 599. ......Project Director respondent No.1 as per the above No.8823 dated 13-9-2000 issued letters 2000 to all the above three responsive attend the opening of the price bid on 21-9-2000 at 11-00 AM In the meantime on 18-9-2000 Meeting was held at the office of the Chairman the Board comprising Executive Engi...... 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. ...... 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. ..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... Bangladesh Election Commission and others, 1996 BLD (AD) 204 = 48 DLR (AD) 208; Vikram Anand Vs. Rakesh Singha AIR 1995 (HP) 130; Vickers, Sons & Maxim Limited Vs. Evans (1910) Ac 444; Khagendranath Vs. Umesh Chandra Nath, 53 DLR (2 AIR 1958 Assam 183; Pakala Narayana Swamk Vs. Emperor, AIR 193......itioner, thereafter, again contested the Parliamentary election as a Member of Parliament and became elected as such from the aforesaid Constituency on 12-6-1996. He was not prevented at the relevant time from participating in the election held in June, 1996 on account of his alleged disqualificatio...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
....t High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Chowdhury J Abdul Mannan Sarker (Md.)…………Petitioner Vs. State and others………..Opposite Parties. Judgment January 25, 2001. Lawyers Involved: ...... 3. The learned Advocate Mr. Sk A Awal appearing on behalf of the petitioner submits that the money in question is out and out loan taken from the complainant, There was no specific promise at the time of taking of the loan and there is no allegation of inducement. As such, the allegation does no...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 43
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....d. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......ear and has not left any manner of doubt. Section 96(3) of the Act states- 96. (3) (a) “An application made under sub-section (1) shall be dismissed unless the applicant or the applicants at the time of making it deposit in the Court the amount of consideration money or the value of the transfe......Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563...Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......t not cross-examined. P.W. 16 is a witness to a seizure list. On 6-4-89 accused Majid, and on 17-7-89 accused Farid and Tara confession and P.W. 13 Mizanur Rahman who the Thana Nirbahi Officer at the time and inch of the Upazila Magistrate recorded their confession and proved those confessions. But ......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....nha J Sultan Mia (Md.)....................Petitioner Vs. Hazi Md. Yusuf ………………Opposite Party. Judgment August 16, 2001. Lawyers Involved: KS Salahuddin Ahmed, Advocate—For the Petitioner. M Enayetur Rahman with Shahidul Islam, Md. Alamgir and Jail Gazi, Advoc......lication under this rule is not concerned with the determination of the title of the property which is the subject matter of the application. It is only connected with the factum of possession at the time when the applicant is alleged to have been dispossessed by the decree-holder and the nature of ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....ported in: 53 DLR (HCD) (2001) 552......., that no compensation or annuity of the hat has been assessed or paid by the Government, to the Waqf Estate and the Government never exercised any act of possession over the said hat at any point of time, that the income of the hat is utilised for which the Waqf Estate was created and that if posse......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552...Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
.... Anwar Hossain ………..Petitioner Vs. Election Commission of Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Secretary, Parliament Secretariate Vs. Khandker Delwar Hossain, 1999 BLD (AD) 276 = 4 BLC (AD) 27. Lawyers Involved: Syed Ish...... 1996 from two Constituencies of 127 Jhalakati-l and 130, Perojpur-2 as a nominee of Jatiya Party but he retained his Perojpur seat and relinquished the other seat. The petitioner was at the material time the Secretary General of Jatiya Party. In the said general election Jatiya Party owned 30 seats......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..Category: Constitutional Law | Date: | Hits: 196
.....Petitioner
Vs.
Director, Housing and Judgment Building Research Institute & others.……….Respondents.
Judgment
October 26, 2000.
Lawyers Involved:
Nizamul Hoque Nasim, Advocate— For the Petitioner
Shahabuddin Ahmad, Deputy Attorney-General—For the Respondents.
Wr......ced with such situation the petitioner moved this Court on the next date i.e. 6th January, 1994 and obtained a Rule and the ad-interim order from this Court and the eviction operation stopped for the time being.
4. In the writ petition it is further stated that eviction operation is against the g...... and without any lawful authority.
7. Mr. Shahabuddin Ahmad, the learned Deputy Attorney-General, appearing for the respondent No.1, submits that the law does permit interference in the process of recovery possession of land belonging to government or local authority from the trespassers. The lea...... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....AD) 78; 43 DLR (AD) 125; AIR 1975 All 341; Ram Chand Appellant Vs. Rain Swamp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 BCR 270. Lawyers Involved: KS Nabi, Barrister-at-Law with Md. Abul Quashem, Md. Zakir Hossain, Advocates—For the Petitioner. KS Zaman Advocat...... the House Building Finance Corporation thereafter instituted Money Execution Case bearing No.3 of 1994 for the realisation of loan money from the petitioner Mr. Abdur Razzaque Mollah. But in the meantime due to long absence of the Barrister Mr. Abdur Razzaque Mollah, plaintiff-opposite party No.1 m......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..Category: Civil Law | Date: | Hits: 71
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
.... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Hoque J Md. Munsurul Hoque Chowdhury J Shuinya @ Suruj Ali…………..Petitioner Vs. State ………………………………Opposite Party. Judgment November 1, 2000. Cases Re......a knife and kiris come within the definition of arms as given in section 4 of the Arms Act. In this connection, we have considered some old cases (though we have searched for some decisions of recent time but did not find any) of the Superior Courts of India and Pakistan such as the case of Sewa Sin......n by a person cannot be an offence under section 19(f) of the Arms Act. 3. Next, he has argued that there was no search under provisions of sections 25 and 30 of the Arms Act and, as such, alleged recovery was not in accordance with law and the convicted petitioner is liable to be acquitted. Last...... in his possession one kiris and two knives. The learned Advocate for the petitioner at the very outset has made very lengthy argument on the question whether a knife and a kiris can be considered as arms under section 4 of the Arms Act, 1878. He has argued that such kiris and knife are found in the..Category: Criminal Law | Date: | Hits: 40
....nt
April 29, 2001.
Cases Referred To-
Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56.
Lawyers Involved:
AFM Hasan Arif with AQM Shafiullah, Advocates— For the petitioners.
Obaidur Rahman Mostafa, Deputy Attorney- General—For the Responden......tion in making the payments in favour of the Governments in accordance with the terms and conditions, specifically spelt out in the Memo dated 9-4-1984, as such, the contract came to end by efflux of time which was only communicated to the petitioner Memo dated 23-12-1997.
6. We have heard the le......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519...
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....rd along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ...... No.2 that the matter was pending before the Minister–in-charge of Industries for consideration. Defendant No.2, however, disconnected the plaintiffs gas line on 28-12-83. The plaintiff, in the meantime, made deposit of Taka 2,02,680 in accordance with the terms of the agreement dated 9-4-77 and f......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....92, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ...... was justified in law is not allowing the petitioner exemption under section 4(2)(iii) of the Income Tax Act, 1922”. 6. In these reference applications a third question was formulated but at the time of hearing the learned Advocate for the petitioner did not press that. 7. In the other set o......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....….Respondent
Judgment
February 8, 1999.
Cases Referred to-
Mozaher Sawdagar vs. M Zahirul Alam 40 DLR (AD) 62; Shafique Ahmed vs. Chairman BCIC 45 DLR 95; UK Salsabil vs. Shama Corporation 37 DLR (AD) 117 and Hossain Ahmed vs. Md. Hossain and Brothers 32 DLR (AD) 223.
Lawyers In......een passed without any lawful authority and of any legal effect and why they should not be directed to cancel, withdraw or rescind the same and to give the lease in question to the petitioner. At the time of issuance of the Rule operation of the impugned order was stayed.
2. Learned Advocate appe...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
..
Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....ported in: 51 DLR (1999) 207.......92 in refusing bail to the appellants. He also relied on some decisions of this Court. 3. It appears from the impugned order dated 2-11-98 that witnesses having not appeared prosecution prayed for time and the Special Tribunal allowed the prayer and fixed 21-3-99 for further trial and also issued......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......tion case for fear of reprisal at the hands of the illegal armed persons or their accomplices. The appellants are alleged to have been arrested by the police after hot pursuit risking their life with arms and explosive. In this connection it is pertinent to note that in the city of Dhaka most of the..Category: Criminal Law | Date: | Hits: 35
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....ed in: 51 DLR (1999) 199.......ge after transfer of the case rejected their prayer for bail. It is true that there is no specific allegation against any of the petitioners of causing injury to the victim or any other person at the time of the occurrence. It is also true that the petitioners’ name did not find place in the FIR. ......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....his Case is also Reported in: 51 DLR (1999) 192.......the purported introduction of one Jalaluddin Ahmed holding current deposit account No.1570 and the said signature was verified by accused Abdur Rob, an Officer of the aforesaid Branch at the relevant time. The specimen Signatures of Account holder as appearing in the account opening form were admitt......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192...Category: Criminal Law | Date: | Hits: 104
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