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Md. Chand Miah and others Vs. Md. Ansar Ali and others, 2010, 39 CLC (HCD)

.... Chand Miah and others ... ………..Petitioners Vs. Md. Ansar Ali and others…………….....Opposite parties Judgment December 8, 2010. Lawyers Involved: Md. Taha Molla, Advocate-for the petitioners. Not represented- the opposite parties. Civil Rule 413 (Con) of 2008 ...... of the instant Civil Rule are that the impugned judgment and decree was passed on 11.7.2007 and the decree was signed on 15.7.2007. But the petitioners could not afford getting certified copy within time because of financial constraint. However, they filed application for certified copy on 9.1.2008...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 103

Suruzzaman and others Vs. Abed Ali and others, 2010, 39 CLC (HCD)

.... Md. Ruhul Quddus J Suruzzaman and others ... Petitioners Vs. Abed Ali and others ...Opposite Parties Judgment December 8, 2010. Lawyers Involved: Bhabesh Chandra Mustafi, Advocate-for the petitioners Not represented- the opposite parties. Civil Rule 242 (Con) of 2007 J...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... for certified copy of the same on 25.9.2010 and got it delivered on 9.10.2005. Petitioner No.1, Suruzzaman was taking care of the case, who suffered from paralysis since 29.9.2005 to 2.2.2007. After recovery from paralysis, he came to Dhaka on 3.2.2007 and engaged Mr. Bhabesh Chandra Mustafi, the l...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 92

Kendul Palli Mongal Samittee Vs. Sree Mohonto Robi Das and others, 2010, 39 CLC (HCD)

....amittee represented by its Chairman Md. Abu Taher Mondol and another ... Petitioners Vs. Sree Mohonto Robi Das and others . ...Opposite parties Lawyers Involved: Subhas Chandra Saha, Advocate-For the petitioners. Not represented- the Opposite parties. Judgment December 8, 2010.......ent revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... copy, the tadbirker and Chairman of the petitioner samitee, Md. Abu Taher Mondol feel ill on 30.9.2007 as he suffered from severe Viral Hepatitis (Jaundice) and remained confined up to 10.5.2008 for recovery. After recovery from illness, he came to Dhaka on 12.5.2008 and engaged Mr. Subhas Chandra ......ent revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 98

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... ……………….... Respondents Judgment January 6, 2011. Result: The Rule is made absolute. The Code of Civil Porcedure, 1908 (V of 1908); Order XXI rule 83 The Artha Rin Adalat Ain, 2003 ( VIII of 2003); Chapter VI Scope of applicability of the Civil Procedure Code in an......cuting Court is directed to grant certificate under Order XXI rule 83 (2) of the Code of Civil Procedure allowing the petitioner to sell the schedule-A property or any part thereof within a specified time in Artha Execution Case No.131 of 2009. If the petitioner fails to sell the said property or a ...... Limited, Bangshal Branch, Dhaka as plaintiff instituted Artha Rin Suit No. 33 of 2003 before the Artha Rin Adalat No.3, Dhaka against the defaulting borrower M/S Florida International and others for recovery of loan amounting to Taka 1,80,92,680.24 (one crore eighty lac ninety two thousand six hund......e 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:20 BLT (HCD) (2012) 15. ..

Category: Procedural Law | Date: | Hits: 95

Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)

.....Respondents Judgment February 9, 2003. Case Referred To- Habiba Mahmud Vs. Bangladesh & others, 45 DLR (AD) 89. Lawyers Involved: Shafique Ahmed with Nitai Roy Chowdhury, Advocates‑For the Petitioner. Ahasan Mahbub, Assistant Attorney‑General‑For the Respondents. ......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......vert acts, in brief, allegedly committed by the detenu and his accomplices and the allegations include trespassing into the house of one Shahin Sayed on 2‑9‑2002 being armed with pistol and other arms assaulting his mother Momtaz Rokonuzzaman and also similarly entering the house of one Momtaz R..

Category: Criminal Law | Date: | Hits: 55

Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)

..... Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218....... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218.......erein before and co-accused Md. Nawsher Ali not guilty and acquitted him. 16. Mr. Shamsul Haque, the learned Advocate on behalf of the appellant, submitted that the prosecution failed to prove any recovery of Phensidyl from possession of the appellant beyond all reasonable doubts. Secondly, he su...... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218...

Category: Criminal Law | Date: | Hits: 90

Subasish Das (Bobby) and three others Vs. Bangladesh University of Engineering and Technology and others, 1999, 28 CLC (HCD)

.... Vs. Bangladesh University of Engineering and Technology and others…………Respondents Judgment July 29, 1999. Cases Referred to- Masum Iqbal vs. BUET 49 DLR 104; Board of Intermediate and Secondary Education vs. Rumana Ahmed and another 1992 BLD (AD) 160; Dhaka University vs. Zak......ession of mischief and damage, to have instigated and gathered the students to participate in mischief to have participated in damaging properties in the hall and to have carried lathi in hand at the time of participating in the procession which were offences under section 5, 17, 21 and 22 and was a......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563.......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563...

Category: Others | Date: | Hits: 116

Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)

....¦â€¦â€¦â€¦. Petitioner Vs. Deputy Commissioner of Taxes and others ……………Respondents Judgment July 23, 1997. Lawyers Involved: Mohammad Ali with Golam Hossain Bhuiyan, Advocates — For the Petitioner. Shah Khasruzzaman, Advocate — For the Respondents. Writ Petitio......ect. 3. Admitted position is that the assessee i.e. the petitioner, therein in her income tax return filed for the assessable year 1984-85 had shown Taka 80,000.00 as loan from Mr. MR Khan. At the time of completing assessment upon serving notice to the petitioner under sections 83(1) and 79 of t......n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561...

Category: Fiscal/Taxation Law | Date: | Hits: 77

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......ircumstances and graveness of the case and the fact of unconditional surrenders of the contemnor-respondent Nos. 4 and 5 as made, as well as the offence committed by them appeared to be for the first time. I am inclined for leniency in awarding sentence. Accordingly, I agreed to the sentence awarded...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......n of justice, unless duly repaired at once by inflicting an appropriate punishment on the contemnor which must be to send him to jail alone for his misconduct. 95. It should be remembered that the arms of law are long enough to reach a contemnor who acts in severe contumacious disregard of the di..

Category: Criminal Law | Date: | Hits: 163

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....me Court High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Surendra Kumar Sinha J MA Qasem…………………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…………………Respondents Judgment November 22, 1......73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to the plaint; that at the time of filing of the suit the plaintiff along with the plaint filed 3 documents, namely, statements...... 2. Facts as stated in the Wit Petition, in short, are that, the respondent No. 2 as plaintiff filed Title Suit No.73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to the pl......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ..

Category: Civil Law | Date: | Hits: 90

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

....e records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......eal No.1000 of 1995 and Criminal Appeal No.729 of 1995 before this Court. 8. Since the 2 appeals arise out of one judgment, I am inclined to dispose of the two appeals by a single judgment. At the time of hearing of the appeal, the learned Advocate Mr. Md. Sirajul Islam appearing for the appellan...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335....... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...

Category: Criminal Law | Date: | Hits: 43

Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)

....0) 330......., in short, is that at about 5-00 PM on 8-9-85 victim Hachen Ali, son of informant Abdul Barek, got down at Gazipur Bazar from a bus and went to the other side of the road to get another bus. At that time a coach bearing registration No. Mymensingh BA-151 came there at a very high speed and ran over......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330...

Category: Criminal Law | Date: | Hits: 37

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....Respondents Judgment December 8, 1998. Cases Referred To- AIR 1937 (PC) 114; 1966 PLD (SC) 724. Lawyers Involved: Syed Istiaque Ahmed with Shafique Ahmed and Kazi Kamrul Alam, Advocates—For the Petitioner. Mahmudul Islam, Attorney-General with Obaidul Hasan Shahen Assistant A......ed in place of original consignees but subsequently the said Sathi Apparels name was dropped and the name of Unipex Knit Ware Ltd. was substituted without any material basis and the petitioner at the time of opening of the LC knew that the goods were at Chittagong port in the Customs godown for a pr......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Rabia Bashri Irene and another Vs. Bangladesh Biman Corporation, represented by MD. & another, 2000, 29 CLC (HCD)

....take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ......er party will be appointed in Biman on contract basis for a period of 5(five) years as Flight Stewardess from the date of her joining. Further the said Flight Stewardess shall remain unmarried at the time of her appointment and shall remain so during the contractual period and/or periods if extended......pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ......pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ..

Category: Employment/Service Law | Date: | Hits: 113

Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)

....pondents Judgment July 20, 1999. Case Referred To- Hari Pada Dutta Vs. Jay Gopal Mukherjee, 39 CWN 934. Lawyers Involved: Mir Mahfuzur Rahman, Abdus Salam Mondal, Rana Mahmuda, Advocates—For the Petitioner. Syed Ziaul Karim with Syed Maimuna Begum, Advocates—For the Opposite......er as well as by post. The learned Advocate, referring to Annexures A and B, submits that according to the report of the process server, the opposite party Nos.1 to 3 were not at home at the relevant time, as such, their mother who used to live with them received the said summons on their behalf and......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ..

Category: Trust/Waqf Law | Date: | Hits: 189

Golam Mostafa (Md.) and 2 others Vs. Bangladesh Jute Mills Corporation and others, 1999, 28 CLC (HCD)

....ivision (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Ali Asgar Khan J Golam Mostafa (Md.) and 2 others ………..Petitioners Vs. Bangladesh Jute Mills Corporation and others..................Respondent Judgment July 11, 1999. Cases Referred to- ......ys has no substance. 4. Mr. Md. Khalilur Rahman the learned Counsel appearing for the petitioner, has submitted that the impugned order dismissing the petitioners from service has been passed at a time beyond the period of 180 working days specified for completing the enquiry proceeding against t......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ..

Category: Employment/Service Law | Date: | Hits: 87

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....d Committee and another…………………….Petitioner Vs. St Francis Xavier’s Girls High School……………Opposite Party Judgment August 12, 1999. Cases Referred To- Darshatullah vs. Manik Mondal and others, 1984 BLD (AD) 234 and Safaruddin and others vs. Fazlul Huq and ......esne profits or damages or annual net profits, the Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court within such time not exceeding three months as may be fixed by the Court: Provided that the Court may, on the......ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ..

Category: Property Law | Date: | Hits: 68

Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)

....ammed J Maksuda Akhter…………………… Petitioner Vs. Md. Serajul Islam…………………….Respondent Judgment August 4, 1999. Lawyers Involved: Rabeya Bhuiyan, Advocate —For the Petitioner. Aziz Ahmed Chowdhury, Advocate —For the Opposite Parties. Civil R......onment again for his failure to pay the m for the second vis-a-vis for subsequent instalments. That is, according to the judgment debtor, he is to suffer imprisonment for once only and not for second time, even in case of failure to pay the subsequent instalments as the case may be. 5. Section 16......red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554...

Category: Family Law | Date: | Hits: 162

Ibrahim Cotton Mills Ltd. and others Vs. Chittagong Chamber of Commerce and Industry and others, 1999, 28 CLC (HCD)

....er. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538.......um and Articles, rules or by-laws and if the trade organisation fails to do so, the Government has the power, to rescind, amend, etc. By section 8A, if a trade organisation fails to hold elections in time, the Director may condone the delay. By section 9 all acts and proceedings of a trade organisat......he Companies Act be returned to the petitioner. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538.......he Companies Act be returned to the petitioner. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538...

Category: Company Law | Date: | Hits: 198

Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)

....Ahammed J Jalal Uddin Ahmed (Md.) and others………….Petitioners Vs. Delwar Hossain and others……………..Opposite Parties Judgment August 3, 1999. Cases Referred to- Matilal Sikdek vs. Benodini Dashi and others, reported in 28 DLR (AD) 5 and Jamiyar Ali vs. Mrs. Chem......ancy Act. The opposite party filed pre-emption cases. He is a co-sharer and the pre-emptee does not deny that he is a stranger. The pre-emption Miscellaneous case Nos. 18 and 19 of 1992 were filed in time and making necessary deposits in time. The trial Court after hearing the pre-emption cases anal......nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552...

Category: Property Law | Date: | Hits: 58