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Abdus (Md) Subhan alias Md Abdus Subahan and another Vs. Abdul Maleque and others, 1991, 20 CLC (HCD)

....se Referred to- Mst. Bibi Saleha Vs. Antu Ram and another AIR 1918 Pat.543. Lawyers Involved: Bazlur Rahman Talukder, Advocate‑For the Petitioner. Miah Abdul Gafur with Sharifuddin Chaklader, Advocates‑‑For the Opposite Parties. Civil Revision No.562 of 1988. Judgment Abdu...... of the records from this Court. Send the LC records at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 94.......ake the case and dispose it of expeditiously, preferably within two months receipt of the records from this Court. Send the LC records at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 94....... of the records from this Court. Send the LC records at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 94...

Category: Property Law | Date: | Hits: 72

Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)

.... State........................Respondent Judgment August 25, 1991. Cases Referred to- Babul alias Abdul Majid Khan and others Vs. State, 42 DLR (AD) 186; Rain Chandra Vs. State of Uttar Pradesh, AIR 1957 (SC) 381; Md. Siddiq Vs. Crown, 6 DLR (FC) 56; Ali Sher Vs. State, 18 DLR (WP) 112; ......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......ga on 13.2.90 to this Hon'ble Court for confirmation of death sentence passed against the accused No.1 Md. Akhter Hossain alias Babul Akhtar alias Akhtar Ali and No.2 Md. Amir Ali by his judgment and order dated 13.2.90 under Chuadanga Sessions Case No.42 of 1988 convicting them under sections 302/3......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ..

Category: Criminal Law | Date: | Hits: 110

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

.... absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407.......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407.......arpur Branch, Comilla calling upon them to show cause why the Certificate filed in Certificate Case No. 318/86‑87, notice issued under section 10A of the Public Demands Recovery Act of 1913 and the order dated 11.2.88 passed thereunder should not be declared to have been issued or made without law......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407...

Category: Civil Law | Date: | Hits: 99

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....ivil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......vocate, instructed by Mrs. Mahmuda Begum, Advocate-On-Record-For the Respondent No.3. None Represented- For the Respondent No.4. Civil Review Petition No. 32 of 2011. (From the judgment and order dated 09.02.2011 passed by this Court in Civil Petition for Leave to Appeal No.10 of 2011) ......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..

Category: Civil Law | Date: | Hits: 238

AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)

....editiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386....... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......09 of the Penal Code read with section 5(2) of Act II of 1947 now pending in the court of Divisional Special Judge, Khulna Division, Khulna for should not be quashed and or pass such other or further order or orders as to this Court may seem fit and proper. Pending disposal of the Rule, all further ...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...

Category: Criminal Law | Date: | Hits: 80

Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)

....eby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ...... Advocate ‑ For the Opposite Parties. Civil Revision No. 5077 of 1991 (Dhaka). Judgment Badrul Islam Chowdhury J.- By this rule opposite party No.1 was directed to show cause as to why the order dated 13.8.90 passed by the Assistant Judge, Sadar, Sylhet in Misc. Case No.40 of 1990 should ...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..

Category: Property Law | Date: | Hits: 89

A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)

....ioner is not in fault and there is no intentional or willful negligence on the part of his petitioner and the petitioner althrough has been vigilant in pursuing his case. It appears that due to wrong advice as to forum open to the petitioner for relief he is suffering. It is submitted that the petit......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ....... An application for pre‑emption under section 96 of the State Acquisition and Tenancy Act filed by opposite party No.1 in the Court of Subordinate Judge, Mymenshigh was allowed to be amended by an order dated 13.4.88. The petitioner who is the purchaser took an appeal there from to the learned Di......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ..

Category: Procedural Law | Date: | Hits: 72

Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)

....n is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......tion paper). He has repaid the said loan on 8.12.91. As he did not have the qualification to file nomination paper as a candidate for the office of the Chairman (of the Union Parishad concerned), the order of rejection of the nomination paper passed by the Returning Officer, therefore, is upheld." ......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ..

Category: Election Law | Date: | Hits: 128

Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)

....at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ...... Suit No.43 of 1984 dismissing the suit. 2. The plaintiff‑appellant instituted the aforesaid suit against the Agrani Bank and 4 others of its officials for a declaration that (a) that the office order bearing Memo No. AGM/DAD/2028/82 dated 29th November, 1982 dismissing the plaintiff from the s......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..

Category: Employment/Service Law | Date: | Hits: 71

Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....Original Jurisdiction) Present: Syed Mahmud Hossain J Gobinda Chandra Tagore J Md. Abul Hossain……...........................................the petitioner Vs. Government of Bangladesh and others….................the respondents Judgment October 7, 2010. Lawyers Invol......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ...... J.- In this application under Article 102(2) (a) of the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order contained in memo No. Bichar-7/2N-46/76 (Angsha) 292 dated 18.5.2010 (Annexure-G) passed by re......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 128

Bangladesh Krishi Bank Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others, 2010, 39 CLC (HCD)

....M. Moazzam Husain J.- I agree. This Case is also Reported in: ...... Artha Rin Suit No.103 of 2001 is maintained. Let a copy of the judgment along with lower Court’s record be sent down at once. M. Moazzam Husain J.- I agree. This Case is also Reported in: ......appellant preferred the instant First Appeal before this Court. 7. Mr. M. Khaled Ahmed, the learned Advocate appearing for the appellant in the course of argument has taken us through the impugned order passed by the Artha Rin Adalat, deposition of witnesses namely, P.W.-1 and D.W.-1 and other ma...... Artha Rin Suit No.103 of 2001 is maintained. Let a copy of the judgment along with lower Court’s record be sent down at once. M. Moazzam Husain J.- I agree. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 217

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....ioner (Defendant-Appellant) Vs. Executive Committee, Khulna & others.................Opposite Parties (Plaintiff-Respondents) Judgment August 8, 2011. Cases Referred To- Abdul Kader Vs. Abdullah & others,51 DLR 435; Noor Mohammad Khan Vs. Bangladesh, 42 DLR 435; Kamal Baks......ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ......Title Appeal No.177 of 2005 and affirming that dated 08.06.2005 of the learned Joint District Judge, 1st Court, Khulna in Title Suit No.49 of 2002 should not be set aside and/or such other or further order or orders passed as to this court may seem fit and proper. 2. Relevant facts for the dispos......ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ..

Category: Property Law | Date: | Hits: 89

Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)

....al Original Jurisdiction) Present: Md. Ashfaqul Islam J M. Moazzam Husain J Md. Abdul Halim ………………………………………………………Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August 3, 2011. Resul......emnor-respondent Nos.1-4 should not be further directed to stop the action of respondent No.5 and to take legal action for violating the provisions of Bank Companies Act. While issuing the Rule an ad-interim order was also passed in the following terms- “Pending hearing of the Rule respondent Nos.......………………………Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August 3, 2011. Result: The Rule is discharged without any order as to cost. Cases Referred to- Moazzam Husain Vs. The State 35 DLR (AD) 290; Mahbubur Ra......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 115

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....This Case is also Reported in: 63 DLR (2011) 626.......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626....... by the respon­dent No.2 and the said Memo dated 11-10-2009 (Annexure-'D') should not be declared to be with­out lawful authority, void ab initio and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner, a......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626...

Category: Employment/Service Law | Date: | Hits: 92

Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)

....he grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......ur Rahman J.- Petitioner Shahabuddin, General Secretary, Nabarun Sangsad, Kalta Bazar, Dhaka prays for issuance of Rule Nisi upon the respondents to show cause why the following impugned decision and order dated nil (Annexure‑E) passed by Syed Alamigir Faruk Chowdhury, Arbitration Tribunal (copy o......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ..

Category: Constitutional Law | Date: | Hits: 165

New Eastern Trading Corporation Limited Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....out any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 357.......made without any lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 357.......etitioner New Eastern Trading Corporation Limited represented by its Managing Director, from service in its factory at Kanchpur, PS Sonargaon, District Narayangonj) to show cause why the decision and order dated 15.2.90 (Annexure‑E) passed by respondent No.1 the Chairman, Third Labour Court, Dhaka......made without any lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 357...

Category: Labour and Industrial Law | Date: | Hits: 124

Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)

....ons Judge and Special Judge, Meherpur who by judgment and order dated 1.11.90 found appellant Abdul Hakim of Criminal Appeal No.1180/90 guilty of the charge under sections 409/467 of the Penal Code read with section 5(2) of Act II of 1947 and he convicted and sentenced him to suffer rigorous impriso......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......wo appeals are taken up for judgment together as both the appeals arise out of the same judgment earlier passed by the learned Assistant Sessions Judge and Special Judge, Meherpur who by judgment and order dated 1.11.90 found appellant Abdul Hakim of Criminal Appeal No.1180/90 guilty of the charge u......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ..

Category: Criminal Law | Date: | Hits: 84

Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)

.... land measuring 81 acres as described in the schedule of the plaint. The suit land originally owned and possessed by Prokash Chandra Bhattacharja who while in possession settled the suit land with Manada Sundari in tenancy right and Manada Sundari while in possession of the suit land entered into a ......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......t or other proceeding to show in it that a document or a decree has been proved against him by his adversary, in that suit was obtained by fraud without having it set aside. When subsisting judgment, order or decree is set by one party as a bar to the claim of other, the latter can show that the jud......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ..

Category: Procedural Law | Date: | Hits: 105

AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....he assessee showed gross income from house property at Tk. 2,57,990.00 and claimed deduction of TK. 1,37,500 paid to the Sonali Bank in liquidation of its debt. The assessing officer allowed claim as admissible deduction in computing the total income from house property under section 9 of the Act. S......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......e property under section 9 of the Act. Subsequently the Inspecting Joint Commissioner of Taxes, Range‑11, Dhaka (South) Zone, Dhaka in exercise of his power under section 34A revised the assessment order relating to assessment of income from house property on the ground that allowances given by th......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)

....dhury Vs. Chandi Nath Majuinder and others, 1931 Cal 779; SPA Annamalay Cheity Vs. BA Thornhili, 1931 (PC) 263; Babu Lal Girdhrlial Vs. Seth Kotumal, 1941 ALL 27; Sakhawat Hossain Vs. Chowdhury Muhammad Sarwar and others, PLD 1968 Dac 557. Lawyers Involved: Nowazish Ara Begum and Abdur Rashid,......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......um and Abdur Rashid, Advocates ‑ For the Petitioner. Not represented- the Opposite Party. Civil Revision No. 423 of 1984 Judgment AM Mahmudur Rahman J.- This Rule is directed against an order dated 2.6.1984 of the Munsif Fulbaria Upazila rejecting an application filed under section 10 ......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..

Category: Property Law | Date: | Hits: 68