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Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ......ndant‑opposite party Bank and thereby reversing the judgment and decree dated 27.8.76 passed by Mr. MM Ruhul Amin, Munsif, 3rd Court Comilla decreeing the Title Suit No. 359 of 1974 in part, a suit for Specific Performance of Contract, to the extent 0 0.05‑1/4 acre out of 0.06‑1/2 acre of the ...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ...... United Bank of India Ltd. and others..........Opposite Parties. Judgment June 28, 1989. Cases Referred to- HN Fabrics Ltd. Vs. Mallick Textile Industries and others, 37 DLR (AD) 126. Lawyers Involved: Ruhul Amin, Advocate ‑ For the Petitioner. Syed Mahmud Hossain, Advocate â..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......itle Suit No. 242 of 1977. The short facts of the case, in brief, are: 2. The opposite party No. 1 as plaintiff filed title suit No. 242 of 1977 in the First Court of Munsif, Kushfia with a prayer for ejectment of the defendant petitioners alleging, inter alia, that the plaintiff's father purchas......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......142; 22 DLR 444; 6 DLR 588, AIR 1916 (Patna) 31, AIR 1933 (Patna) 31; AIR 1930 (Bombay) 30; AIR 1938 (Rangoon) 35; Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 33 DLR (AD) 55. Lawyers Involved: Abdur Rahim, Advocate ‑ For the Petitioners. Nizamuddin Haider, Advocate â..Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......ates ‑ For the Opposite Party. Civil Revision No. 538 of 1990 with Civil Revision No. 539 of 1990. Judgment Mahmudul Amin Chowdhury J.- These two applications are taken up together for hearing as they relate to the same matter. 2. The petitioner in these two revisional applicat......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......oner Vs. Shafiqul Alam ...................................Opposite Party. Judgment September 19, 1990. Cases Referred to- 23 DLR 113, 42 DLR 140, 1984 BLD (AD) 8, 1981 BCR 450. Lawyers Involved: M Gholam Rabbani, Advocate ‑ For the Petitioner. Mohammad Ullah with Waliu..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......High Court Division in Writ Petition No. 5085 of 2008 arising out of Artha Jari Case No. 153 of 2007 pending in the Court of Artha Rin Adalat Court No.1, Chittagong (the Adalat). 2. Facts relevant for the disposal of this appeal are that the respondent No.2 instituted Artha Rin suit No.66 of 2006......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......howdhury Vs. Manzur Hossain, 1984 BCR (AD) 532; Sukumar Sen Vs. Guranga Bijoy Das 1989 BLD (AD) 162; Abdul Wahab Vs. Ali Ahmed, 44 DLR (AD) 55; Shamsul Arafin Khan Vs. Kazal Miah, 49 DLR (AD) 175. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112....... to why the impugned order dated 6.9.88 (Annexure A) issued under the signature of the respondent No.2, the General Manager (Administration) Bangladesh Parjatan Corporation, retiring the petitioner before attaining the age of superannuation should not be declared to have been passed without any lawf...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112....... November 18, 1992. Cases Referred To- MA Mannan Vs. Biman Bangladesh Airlines 41 DLR 318; AC Jose Vs. Siven Pillai, AIR 1984 (SC) 921; A khlasur Rahman Vs. Safarullah, 42 DLR (AD) 189. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam, Advocates ‑For the Petitioner. Kho..Category: Employment/Service Law | Date: | Hits: 88
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......or the Petitioner. Mihir Kanti Majumder, Advocate ‑ For the Opposite Parties. Civil Revision No. 2550 of 1991. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule arises out of a suit for declaration of title and recovery of khas possession in certain land. It is being contested by s......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ....... Joti Prasad, 1944 All, 188; Suraj Narain Vs. Jamil Ahmad, AIR 1946 Patna 348; Narsing Das Vs. Gokul Prasad, AIR 1928 All, 140‑50 All. 113; Ahmed Ali Vs. Joty Proshad, 1944 All, 188; 5 CWN 230. Lawyers Involved: Md. Ruhul Amin II, Advocate – For the Petitioner. Mihir Kanti Majumder, Ad..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......nder Article 102 of the Constitution is directed against the judgment and order dated 7.3.89 passed by the Court of Settlement in Case No.1022 of 1987. The case was filed by the petitioner Bakht Bibi for the release of a three‑storied building at 93, Chatteswary Road, Chittagong, from the list of ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ...... Cases Referred to- M/s ATJ Industries Limited and others Vs. The Government of Bangladesh, 27 DLR page 27; 28 DLR (AD) 120; 28 DLR 27; Government of Bangladesh Vs. M S Ispahani, 40 DLR 116. Lawyer Involved: MI Farooqui with M Saleemullah, Advocates- For the Petitioner. Mashuque Hossa..Category: Property Law | Date: | Hits: 73
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......Judgment AM Mahmudur Rahman J. - By this Rule the opposite parties were directed to show cause as to why the impugned order passed by the Trial Court on September 16, 1986 rejecting an application for adding the petitioners as added defendants in SCC Suit No. 1 of 1986 pending in the court of Mun......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......es Referred to- Messrs Importers and Manufacturers Ltd. Vs. Pheroze Fraturoze Taraporewala and others, 1953 (SC) 73; Tajabunnessa and others Vs. Mrs. Nazma Begum and others 1987 BLD (AD) 205. Lawyers Involved: Faridul Alam Chowdhury, Advocate ‑ For the Petitioners. M Fazlul Karim wit..Category: Property Law | Date: | Hits: 67
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......a while in possession as owner of the said land by 3 registered kabalas, Exts. 1, 1(e) and 1 (b) sold 6 acres of land to the plaintiffs and delivered possession thereof to him. Since purchase of the aforesaid land (described in schedule 2 to the plaint) the plaintiff was in possession by cultivating...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..................Respondent. Judgment January 1, 1989. Cases Referred to- Pathana Vs. Mst. Wasai, 17 DLR (SC) 47; Mussummat Durga Chowdhrian Vs. Jawahir Singh Chowdhury, 17 Indian Appeals 122. Lawyers Involved: SK Zulfiqur Bulbul Chowdhury with Farmanullah Khan, Advocates ‑For the Appell..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ...... 75 of 1983. Judgment AM Mahmudur Rahman J.- This appeal is against an ex‑parte decree passed in Title Suit No.467 of 1982 making the Award made by the Arbitrator a rule of the court. 2. Before I proceed to deliver the judgment I am impelled to make certain observation on the conduct of t......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ...... Laboratories Ltd. Vs. Pubali Bank and others, 40 DLR 1; M/s Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court and another, 39 DLR 11; Banwarilal Garodia Vs. Joylal Hargulal, 1956 Cal. 467. Lawyers Involved: Syed Ishtiaq Ahmed with Saleh Uddin Ahmed, Advocates ‑ For the Appellant. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......d in all 14 in number, in the Court of the learned Sessions Judge, Cox's Bazar, the case was transferred to the Court of the learned Assistant Sessions Judge (deemed Addl. Sessions Judge) Cox's Bazar for trial. At the conclusion of the trial, the learned Assistant Sessions Judge (as Additional Sessi......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......tan Muhammad Vs. Crown 1955 PLD Lahore 575; State Vs. Manzoor Ahmed 18 DLR (SC) 444; Sardarali & another Vs. State 22 DLR (SC) 129; Puran Singh and others Vs. State of Punjab (1975) 4 SCC 518. Lawyers Involved: Serajul Huq with ABM Golam Majid and Anisul Huq, Advocate‑For the Appellants...Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......rder dated 5.4.2010 passed by Artha Rin Adalat No.3, Dhaka in Artha Execution Case No.131 of 2009 rejecting the petitioner’s application filed under Order XXI rule 83 of the Code of Civil Procedure for permission to sell an attached property through private negotiation for enhancement of the sale ......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......J Md. Ruhul Quddus J SDS Dairy Limited………………................Petitioner Vs. Bangladesh and others…………………………..Respondents Judgment January 6, 2011. Lawyers Involved: Shah Md. Munir Sharif with Md. Sohel Rana, Advocates-For the Petitioner. Al..Category: Procedural Law | Date: | Hits: 80
Babul and others Vs. State, 2011, 40 CLC (HCD)
....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......ional Sessions Judge, Lakshmipur in Session Case No.86 of 1999 convicting the appellants under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for life with a fine of Taka 20,000/- for each in default to suffer rigorous imprisonment for one ye......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......ar Pramanik (1992)12 BLD (HCD) 284; The State Vs. Arman Ali and others 42 DLR (AD) 50; Rustum and others Vs. The State XIV BLT 435; Shamsuddin Sarker Vs. State 11 DLR (SC) 365; 2006 (XIV) BLT 435. Lawyers Involved: Mohd. Lokman Hossen, Advocate-For the appellants. Matiur Rahman Howlader, As..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......d appellants (1) Sohel and (2) Manu in Criminal Appeal No.500 of 1990 along with others have been convicted on 14.4.90 under sections 302/34 of the Penal Code and sentenced thereunder to imprisonment for life and to pay fine of Tk. 2,000.00 each, in default, to suffer rigorous imprisonment for one y......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ...... Cases Referred To- AIR 1978 (SC) 1530; 7 DLR 346; 12 DLR (WP) 30; SCMR (1973) 26; Hazrat Ali and others Vs. State, 1984 BLD 257; Yusuf Sk. Vs. Appellate Tribunal and another, 29 DLR (SC) 211. Lawyers Involved: Shamsul Huq Chowdhury with Ali Akbar and Golam Ashek, Advocates ‑ For the App..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......der dated 17.8.89 passed by the Additional Sessions Judge, Jessore in Sessions Case No.1 of 1987 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Tk. 2000.00, in default, to suffer rigorous imprisonment for one ......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75................Appellant. Vs. The State .................................Respondent Judgment December 10, 1992. Case Referred To- Hazer Ali Mondal and others Vs. State, 37 DLR (AD) 87. Lawyers Involved: MA Wahab, Advocate ‑ For the Appellant. Fazlul Hoque Chowdhury, Advocate â..Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......'D') passed the Administrator of Waqfs, excluding Tobarak Sikder from the mutwalliship of Al‑Haj Mohammad Yousuf Sardar (Gausia Market) Waqf Estate and approving a Special Committee of five persons for the management of the said Waqf for a period of two years. An order was also passed staying the ......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......an Vs. Secretary, Education Department, 17 DLR 46; Nadira Rahman Vs. Amir Hussain, 35 DLR 277; Shoukat Ali Vs. Administrator of Waqf, 29 DLR 276; Makbulal Huq Vs. Administrator of Waqf, 17 DLR 30. Lawyers Involved: Mahmudul Islam with Md. Reaz‑e-Morshed Kamal, Md. Gaziur Farooq and Syed Dast..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......he judgment and order dated 29.5.85 passed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984. 2. The opposite‑party Md. Abdul Mannan, a minor, through his father, filed a suit for permanent injunction against the petitioner No.1 Ajiran Nessa Bewa and her three sons, the other......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......njappa Vs. Manjakke Shedthi, 1961 Mysore 268; Murari Lal Vs. Nawal Kishore, 1961 Punjab 547; Eveuru Venkata Subbayya Vs. Srieshli Veerayya, 1969 AP 92; Paul Vs. Cheeran Narayanan, 1969 Kerala 232. Lawyers Involved: AKM Nurun Nabi Khan with Khurshed Alam, Advocates ‑ For the Petitioners. M..Category: Procedural Law | Date: | Hits: 95
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ...... Ali, Asadullah, Martuz Ali and Fakir since acquitted were charged along with accused appellants Bashir Ali, Aftab Ali, Moshai and Hashir Ali alias Hushiar Ali under sections 302/34 of the Penal Code for murdering one Amjad Ali and they were placed on trial before the Additional Sessions Judge, Firs......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......resent: Naimuddin Ahmed J Mohammad Gholam Rabbani J Bashir Ali and others....................Appellants Vs. State……………………..Respondent Judgment April 16, 1992. Lawyers Involved: AM Faiz, Advocate ‑ For the Appellants. Basharatul Mowla, Advocate ‑ For..Category: Criminal Law | Date: | Hits: 62
Abu Bakkar and and another Vs. Md. Akbar Ali Biswas and others, 1991, 20 CLC (HCD)
.... any error of law occasioning failure of justice in passing the impugned order. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 62. ......e J.- This is an application under section 115 of the Code of Civil Procedure challenging the order dated 19.8.90. The petitioner Nos.1 and 2 are the defendants in the suit. They filed an application for recalling the P.W.1 for cross‑examination. That application was disallowed by the learned Subo...... any error of law occasioning failure of justice in passing the impugned order. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 62. ......: Md. Mozammel Haque J Abu Bakkar and and another .....................Petitioners Vs. Md. Akbar Ali Biswas and others……………..Opposite Parties Judgment August 18, 1991. Lawyers Involved: Kazi Sayedur Rahman, Advocate – For the Petitioners Civil Order No. 2771 o..Category: Procedural Law | Date: | Hits: 77