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Displaying 3641-3660 of 6409 results.
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....sain Azadi, Jabed Parvez SM and Kawser Parvin Chowdhurv— For Opposite Party Nos. 1 and 2. Civil Revision No. 2347 of 2004. Judgment Md. Abdur Rashid J.- Defendant Nos. 1 and 2 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against ......dings before the District Judge and this Division, learned Assistant Judge by order dated 9-11-03 allowed the application for temporary injunction and made ad-interim order of injunction dated 9-8-03 absolute. Against said order of temporary injunction, defendant Nos. 1 and 2 presented an appeal bei..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
...., Advocate—For the Petitioners. Garib Newaz, Advocate—For Opposite Party Nos. 1 to 8 and 30. Civil Revision No. 2808 of 2002. Judgment Md. Abdur Rashid J.- The plaintiffs obtained the Rule against judgment and decree dated 30-4-02 passed by the District Judge at Rajbari in Title Appe......pellate Court cannot stand in law as well as on facts and accordingly, is liable to be set aside. Such decision has, no doubt, resulted in miscarriage of justice. 30. Result being the Rule is made absolute with cost, impugned judgment and decree are hereby set aside and those of the trial Court a..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
.... Malek with SM Shahjahan, Advocates—For the Petitioner. Qumrunnessa, Assistant Attorney-General—For the Respondents. Writ Petition No. 3397 of 1999. Judgment Md. Joynui Abedin J.-This Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh at......non judice, without jurisdiction or mala fide. Mr. Malek even takes a step forward and argues that although clause(6) of Regulation 3 of the Martial Law Regulation No. 1 of 1982 apparently created an absolute bar for the Supreme Court to call in question any judicial pronouncement including the proc..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....and ad interim injunction was vacated. Said defendant Nos. 5, 6 and Akmal then presented FMA No. 17 of 1983 before this Division and obtained an order of stay rejecting prayer for injunction in Civil Rule No. 137 (FM) of 1983. Then in April, 1983 defendant No. 3 again, approached defendant No. 1 for......with such property by any party to a suit or proceeding during the pendency of the suit or proceeding which is not collusive so as to affect the rights of any other party thereto. Such prohibition is absolute only subject to leave of the Court. 70. A proceeding before a Court of law is solemn and..Category: Property Law | Date: | Hits: 71
Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
....ented —the Opposite Party No. 2. Criminal Miscellaneous Case No. 1934 of 2004. Judgment Khondker Musa Khaled J.- On an application under section 526 of the Code of Criminal Procedure, this Rule was issued calling upon the opposite parties to show cause as to why the CR Case No. 38 of 2001......we are inclined to hold the view that the transfer of the case sought for is necessary in this case to ensure free and fair trial of the impugned complaint case. 9. In the result, the Rule is made absolute. Stay order passed in connection with the Rule stands vacated. 10. The impugned CR Case ..Category: Criminal Law | Date: | Hits: 100
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......-91 was void, illegal, inoperative, collusive and bad in law and that said nieces acquired no right, title and interest in the suit property by such deed or otherwise and that the plaintiffs acquired absolute right, title and interest in the suit property by deed of Heba-bil-Ewaz being No. 3209 date..Category: Property Law | Date: | Hits: 139
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
.... received injuries resulting in his death. It is further submitted that all the 6 police personnel left the police station in plain dress and also without any arms which is not in consonance with the Rules of PRB and rendered the prosecution case highly doubtful. He referred to Rule 951 regarding un......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ..Category: Criminal Law | Date: | Hits: 49
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....oner Nurul Alam in Writ Petition No. 3765 of 2005 and Writ Petition No. 3764 of 2005. Shadat Hassan in Writ Petition No. 3763 of 2005 and Sultan Uddin Ahmed in Writ Petition No. 3762 of 2005 obtained Rule Nisi by challenging the circular issued under Memo No. Shakha 1(91)/ 2003 2006/Khanda 3/3526/1 ......olicy Order 2003-2006 cannot be applied in the case of petitioner's import and accordingly, all the Rules deserve consideration. 20. In the result, the Rules in these four writ petitions are made absolute. The impugned circular is hereby declared to have been issued without lawful authority and ..Category: Business or Commercial Law | Date: | Hits: 234
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....t Nos. 2-6. Rais Uddin Ahmed, Advocate—For Respondent No. 7. Writ Petition No. 5135 of 2004. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why (1) Memo No. BTRC/LLSec/ W......aid according to the new schedule. When the Water Development Board refused the demand, the contractor filed a Writ Petition in this Court and the Rule issued in the Writ Petition was ultimately made absolute. The Water Development Board filed appeal and the Appellate Division held that since the co..Category: Information Technology Law | Date: | Hits: 321
....ion. Therefore, we do not find any cogent reason why in both the writ petitions the demands made by the respondents should not be struck down on the ground of invalidity.
24. Accordingly, both the Rules are made absolute. The notification, namely SRO No. 150- Law/2001/315/Mushak, dated 7-6-2001 a......8 of 2002. The learned Assistant Attorney-General further submits that the power conferred upon the Government either under section 14(1) or section 7(1) of the VAT Act is discretionary but it is not absolutely unrestricted and pursuant to that authority the Government must act within the Act in a r..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....General—For Respondent No. 1. Sheikh Razzaque Ali with Munshi Ahsan Kabir,Advocates—For the added Respondent No. 7. Writ Petition No. 3028 of 2005. Judgment Md. Joynul Abedin J.- This Rule was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling......ake necessary steps to grant lease of the said Cattle Hat within one month from the date of receipt of this order on receipt of the lease money from the petitioner. In the result, the Rule is made absolute without any order as to costs. The office is directed to communicate this order to the r..Category: Others | Date: | Hits: 114
....ostafa Kamal, Advocate—For Respondents No. 4.
Abul Hossain Azadi, Assistant Attorney-General— For the Respondents.
Writ Petition No. 1895 of 1999.
Judgment
Md. Joynul Abedin J.- This Rule was issued under Article 102 of the Constitution of the People’s Republic of Bangladesh calli......etitioner was required to take the matter before the Board of Land Administration by filling a revision and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 50..
Category: Property Law | Date: | Hits: 95
....LJ (PC) 9.
Lawyers Involved:
Moksed Ali, Advocate—For the Petitioners.
Not represented— the Opposite Parties.
Civil Revision No. 2444 of 1993.
Judgment
Md. Shamsul Huda J.-This Rule arises out of an application section 115(1) of the Code of Civil Procedure by Afitan Nessa and ......ted by the Court the question of limitation may be considered leniently, and the petitioners be allowed to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 5..
Category: Procedural Law | Date: | Hits: 106
....ate—For the Petitioners.
Dr. Rafiqur Rahman with Sirajur Rahman and Emaduddin Chowdhury, Advocates—For Opposite Party.
Civil Revision Case No. 4618 of 1999.
Judgment
SK Sinha J.- This Rule is directed against the judgment and order dated 21-6-99 of the Additional Divisional Commissio......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....lved: Abdul Wadud Bhuiyan with Nikhles Dutta Advocates—For the Appellant. Kh Mahbubuddin Ahmed with Mirza Hossain Haider Advocates—For Respondent Nos. 1(ka), 1(kha), 1(ga), 1(Uma). Civil Rule No. 128(S) of 1995. Judgment Abu Sayeed Ahammed J.- This appeal is at the instance of Sr......le: Provided that all moneys payable under such mortgage, lease or sale shall be paid, not to the certificate officer: Provided also that no mortgage, lease or sale under this Rule shall become absolute until it has been confirmed by the certificate officer.” 25. It is also observed that ..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....the Petitioner. Md. Ozair Farooq with Md. Shawkat Hossain and Sk Mohammad Morshed, Advocates—For Opposite Party No.1. Civil Revision No. 2866 of 2001. Judgment Md. Abdur Rashid J.- This Rule was obtained by the defendant No.4 upon making a revision application under section 115 of the ......s. This is high time for the Government to intervene and provide with some regulatory regime for protection of the rights of both consumer and supplier of the gas. In the result, this Rule is made absolute. No order as to costs. The impugned judgment and order dated 13-5-2001 are hereby set aside..Category: Civil Law | Date: | Hits: 151
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
.... Lawyers Involved: AB Roy Chowdhury—For the Petitioners. Garib Newaz with Maksuda Aktar—For Opposite Party No.1. Civil Revision No. 3535 of 2000. Judgment Md. Abdur Rashid J.- This Rule was obtained by the plaintiffs upon making a revision application under section 115 of the Code......any of the plaintiffs did not sign the plaint. But we find that 16 out of 18 plaintiffs signed the plaint and the attorney signed on behalf of other two plaintiffs. In the nature of the suit, this is absolutely unnecessary exercise. 21. In the circumstances and on the evidence on record, the tria..Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
.... Obaidur Rahman Mostafa, Deputy Attorney-General with Mashfiqur Rahman, Assistant Attorney-General—For Respondent No. 1. Writ Petition No. 5584 of 2000. Judgment Md. Joynul Abedin J.- This Rule Nisi was issued calling upon the respondent Nos.1-3 to show cause why the impugned order, Annex......ues by refusing to accord port clearances. The said vessel, irrespective of this order, would not be allowed to leave the Port without paying the port dues, if any. 10. The Rule is therefore, made absolute in the aforesaid terms without any order as to costs. The respondents, including the Author..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....ers Involved: Masood R Sobban, Advocate—For the Petitioner. Moksudur Rahman, Advocate—For Respondent No.3. Writ Petition No. 1672 of 1992. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People’s Republic o......vel abroad if he gives a guarantee payment of the tax is ultimately found a determined by competent authorities to the satisfaction of the Deputy Commissioner of Tax. Therefore, the embargo is not an absolute one but can be lifted if the commissioner would be satisfied that the tax would be assessed..Category: Fiscal/Taxation Law | Date: | Hits: 98
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