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Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....ts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330.......e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330....... Mahmood with Subrata Chowdhury, Pramila Biswas, Advocates— For the Opposite-Party. Civil Revision No. 3201 of 1998. Judgment Abdul Karim J.- This Rule is directed against the judgment and order dated 25-9-97 passed by the learned subordinate Judge, 1st Court, Chittagong in Arbitration Mi......e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330...Category: Alternative Dispute Resolution | Date: | Hits: 147
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....Referred to- PLD 1966 (Karachi) 55; 27 DLR (Dhaka) 200; AM Burq and another Vs. Central Exchange Bank Ltd. and others, PLD 1966 (Lahore) 1; Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co. operative Bank Ltd. 27 DLR (Dhaka) 523; DP Goenka Vs. Governor-General of Pakistan and an......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......or equitable relief as they have not come before the Court with clean hands. 17. Again a close reading of the provision of sections 176 and 177 of the Contract Act as quoted above, reveal that, in order to bring such a suit the plaintiff must serve a notice to the pledgers as provided therein kee......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....nce. Further case of the prosecution is that a few days back an amount of Taka 2,200.00 was stolen by accused from the house of the informant and regarding that matter when the wife of the informant made query to Khorshed on the date of occurrence in the house of sister, Khorshed became agitated and......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......rney-General — For the State. Criminal Appeal No.538 of 1995. Judgment Md. Hamidul Haque J.- This appeal at the instance of sole convict appellant Khorshed is directed against the judgment order of conviction and sentence passed by the learned Additional Sessions Judge, 5th Court, Dhaka i......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317...Category: Criminal Law | Date: | Hits: 54
Category: Civil Law | Date: | Hits: 83
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....jahan Begum & others...............................Petitioners Vs. Jasimuddin Ahmed and others…………………Opposite Parties Judgment July 1, 1998. Result: The Rule is made absolute. Case Referred to- Arya Insurance Co Ltd. Vs. Lala Channoolal, AIR 1957 (All) 400......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......nted — the Opposite Parties. Civil Revision No. 3497 of 1991 (Dhaka) Civil Revision No. 94 of 1989 (Rangpur). Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and order dated 5-11-88 passed by the Subordinate Judge, Thakurgaon in Miscellaneous Appeal No.15 of 198......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310...Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....ed in: 51 DLR (HCD) (1999) 307. ......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......chedule and they are possessing the same by constructing residential house and also planted various trees for long over the statutory period. The plaintiffs further asserted that out of grudge and in order to grab the property the defendants created a false and fabricated Kabala in collusion with th......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..Category: Property Law | Date: | Hits: 65
Category: Property Law | Date: | Hits: 102
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....Opposite Party No.1 Shajahan @ Shaju as plaintiff instituted Family Suit No.27 of 1996 in the Court of the learned Senior Assistant Judge, Chouddagram, Comilla for restitution of conjugal rights impleading his wife i.e. the petitioners Jahan @ Munna her father Momtazuddin Ahmed Chowdhury (opposite p......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295....... Not Represented - Opposite Party. Civil Order No.1423 of 1998. Judgment MA Aziz J.- This application under section 115(1) of the Code of Civil Procedure is directed against the judgment and order dated 3-2-98 passed in Family Suit No.27 of 1996 by the learned Senior Assistant Judge and Fam......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295...Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....……………..Petitioner Vs. Rupnahar…………………Opposite Party Judgment March 3, 1998. Result: The application is summarily rejected. Cases Referred to- Abdul Kadir Vs. Salima, (1886) 8 All 149; Khodeza Begum and others Vs. Md. Sadeq Sarker, 1998 BLD 31; Anis ......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ....... maintenance; e. guardianship and custody of children.” The above section however does not specifically provides for determining the validity of a marriage if it is so disputed by a party in order to resist the claim for dower, maintenance or restitution of conjugal rights. 12. In a suit......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
....aside the ex parte decree whereupon Miscellaneous case No. 24 of 1995 was started. It has been contended in the application under Order 9 rule XIII of the Code of Civil Procedure that the defendants had no occasion to know about the peremptory date of hearing of the suit on 19-11-94 and the subseque......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......he Petitioners. Nikhilesh Dutta with AB Roy Choudhury, Advocates — For the Opposite-Parties. Civil Revision No.1115 of 1996. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 12-96 passed by the Senior Assistant Judge, Narshingdi in Miscellaneous Case No.24 of 19......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290...Category: Procedural Law | Date: | Hits: 58
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
.... (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Shamsuddin Ahmed and others………………………Petitioners Vs. Government of Bangladesh and others………………………Opposite Parties Judgment May 20, 1993. Case Ref......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......Rule under section 115 of the Code of Civil Procedure at the instance of the plaintiff respondent petitioner was issued upon the defendant appellant opposite parties 1‑4 to show cause as to why the order dated 19.11.92 passed by the District Judge, Habiganj in Title Appeal No.170 of 1992 allowing ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....ll bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669....... but they totally ignored them; that out of the 12 items of goods seized 4 items namely 120 bags of bidi leaves, 9 bags of Dhup, 34 bags of catechu and 958 bundles of coir strings were confiscated by order dated 3.9.1955 of the Collector of Central Excise and Land Customs, Chittagong Ext. 2(b); that......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669...Category: Fiscal/Taxation Law | Date: | Hits: 125
Mojibar Vs. State, 1998, 17 CLC (HCD)
....ed charge sheet against the accused appellant and others under sections 395/397 of the Penal Code, During trial all other accused are charged under sections 395/397 of the Penal Code to which they pleaded not guilty and demanded trial. Defence case is simply denial of the occurrence and that the acc......er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ...... Assistant Attorney-General — For the State. Criminal Appeal No.1119 of 1997. Judgment Md. Nurul Islam J.- This appeal by the accused appellant Mojibur is directed against the judgment and order dated 30-4-1997 passed by the learned Assistant Sessions Judge, 3rd Court Barisal in Sessions ......er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ..Category: Criminal Law | Date: | Hits: 78
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....ted to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506....... cannot avoid the due course of the law to appear before the Courts below and use this court as a substitute of the Subordinate Courts”. In view of the above we find no merit in this case and ad-interim anticipatory bail of the petitioner is liable to be recalled. In the result, the Rule is ......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......s Rule was issued at the instance of the 7 named accused of Banaripara Police Station Case No.3/21 dated 16-4-98 calling upon the opposite party to show cause as to why they should not be enlarged on anticipatory bail in GR Case No.21 of 1998 pending in the Court of the Magistrate, 1st Class, Barisa..Category: Criminal Law | Date: | Hits: 84
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....resent: Gour Gopal Saha J Shyamal Chandra Roy……………..Petitioner Vs. Probhat Chandra Roy………………Opposite Party Judgment March 10, 1999. Result: The Rule is made absolute. Lawyers Involved: Md. Marfat Ali, Advocate — For the Petitioner None appear......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504....... Md. Marfat Ali, Advocate — For the Petitioner None appears — For the Opposite Party. Civil Revision No. 3635 of 1996. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 1-1-96 passed by the District Judge, Thakurgaon in Miscellaneous Case No.9 of 1995 under......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...Category: Procedural Law | Date: | Hits: 91
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499....... the Appellant. Md. Mustafa, Assistant Attorney-General — For the State. Criminal Appeal No.1259 of 1995. Judgment Md. Hamidul Haque J.- This appeal is directed against the judgment and order passed in Special Tribunal Case No. 268/94 by the Special Tribunal No.8, Khulna convicting the......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499...Category: Criminal Law | Date: | Hits: 59
Ismail Vs. State, 1999, 18 CLC (HCD)
....ution case is that, at about 9-30 AM on 12-10-88, Moslem Uddin, husband of the informant started for Gafargaon from his village Doulatpur and when he reached near the house of Mofazzal Hossain alias Dadu, accused Ismail stabbed Moslem Uddin on his back and caused bleeding injury. The victim was take......rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......or the Appellant. Md. Mustafa, Assistant Attorney-General — For the State. Criminal Appeal No. 1026 of 1992. Judgment Md. Hamidul Haque J.- This appeal is directed against the Judgment, order of conviction and sentence passed by the learned Additional Sessions Judge, Mymensingh in Sess......rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497...Category: Criminal Law | Date: | Hits: 74
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....l Saha J Mizanur Rahman Khan (Md.) and another……………Petitioners Vs. Jinnatul Ferdous and others.………….Opposite Parties Judgment May 4, 1999. Result: The Rule is made absolute. Cases Referred to- Abdul Hamid Vs. Abdul Jabbar, 34 DLR (AD) 208; Devaki Amma Mo......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ...... For the Petitioners. Faziul Karim with Md. Abdullah Advocates — For the Opposite Parties. Civil Revision No.797 of 1998. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 19-10-97 passed by the Subordinate Judge and Artha Rin Adalat, 4th Court, Dhaka in Title......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..Category: Civil Law | Date: | Hits: 66
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....PC) 253; Hafizuddin Vs. State 42 DLR 397; Dipok Kumar Sarkar Vs. State, 8 BLD (AD) 109 = 40 DLR (AD) 139. Lawyers Involved: Khurshid Alam Khan, Advocate — For the Accused-Appellants. Mohammad Mostafa, Assistant Attorney- General — For the Respondent-State. Criminal Appeal No. 892 of ......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......Islam alias Rafiq, (2) Rezaul Karim alias Abdul Karim alias Khorshed Alam alias Khashru, (3) Abdus Salam alias Omar Ali and (4) Abu Bakar Siddique alias Siddique, is directed against the judgment and order of Conviction dated 19-3-95 passed by the learned Assistant Sessions Judge, 2nd Court, Tangail......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488...Category: Criminal Law | Date: | Hits: 70
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....Md. Gulzar Alam and others, 1984 BLD 21 = 36 DLR 290; Mir Shariatullah Vs. Abdur Rahman Bepary and others 8 DLR 645; Shaimon Bewa Vs. Shafiruddin and others, 38 DLR 265. Lawyers Involved: Mohammadullah, Advocate - For the Petitioner. Not Represented - the Opposite Parties. Civil Revision......rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ...... Involved: Mohammadullah, Advocate - For the Petitioner. Not Represented - the Opposite Parties. Civil Revision No.2670 of 1992. Judgment Gour Gopal Saha J.- This Rule arises out of an order dated 14-9-92 passed by the Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit N......rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ..Category: Procedural Law | Date: | Hits: 67