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Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... 1966 Punjab 393); re P. An Advocate, AIR 1963 (SC) 1313. Lawyers Involved: KS Nabi, with Sheikh Md. Serajul Islam, Khaled Hamid Chowdhury, Md. Shahed Au Jinnah and Kazi Rehan Nabi, Advocates—for the Petitioner. Tania Amir with Manzill Murshid- for the Respondent No. 1. Writ Petition N...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......angeli Vs. Chhakki Lal AIR 1963 All 527; Chandgi Rain Thakar Dass Vs. Election Tribunal AIR 1965 Punj 433; Risal Singh Vs. Chandgi Ram (AIR 1966 Punjab 393); re P. An Advocate, AIR 1963 (SC) 1313. Lawyers Involved: KS Nabi, with Sheikh Md. Serajul Islam, Khaled Hamid Chowdhury, Md. Shahed Au J..Category: Constitutional Law | Date: | Hits: 202
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......de of Civil Procedure, in brief, the Code, against order No. 33 dated 4-5-2000 passed by Senior Assistant Judge, Sadar, Sunamganj in Miscellaneous Case No. 22 of 1998 (pre-emption). 2. Short facts for disposal of the Rule are that opposite parties No.1 and 2 made an application under section 96 o......Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......ivil Revisional Jurisdiction) Present: Md. Abdur Rashid J Sazeda Khatun................Petitioner Vs. Asad Ali and others ………….Opposite Parties. Judgment July 2, 2001. Lawyers Involved: Md. Nurul Amin with Hamida Chowdhury, Advocates—For the Petitioner. Suraji..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ...... No.3 dated 7-3-89 and GR No.10 of 1989) convicting the appellant and three others under section 302 read with section 34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life. 2. The appellant along with eight other accused were put to trial before the above Sess......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......King, 2 DLR 39; Lutfun Nahar Begum Vs. State 39 DLR (AD) 194; 37 DLR (AD) 139; State Vs. Mukhter Ali 10 DLR 155; Moqbool Hossain Vs. State, 12 DLR (SC) 217; Joygun Bibi Vs. State, 12 DLR (SC) 156. Lawyers Involved: Not represented—the Petitioners. Not represented—the Opposite Party J..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......d party opposite party. 2. This Rule arises out of the following facts: Petitioner instituted title Suit No.180 of 1986 in the 1st Court of Subordinate Judge, Dhaka against late Md. Jalaluddin for Specific Performance of Contract for sale of schedule ‘Ka’ property. During pendency of the ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......l Revisional Jurisdiction) Present: SK Sinha J Sultan Mia (Md.)....................Petitioner Vs. Hazi Md. Yusuf ………………Opposite Party. Judgment August 16, 2001. Lawyers Involved: KS Salahuddin Ahmed, Advocate—For the Petitioner. M Enayetur Rahman with S..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......in Mouza Jat Amrul, Police Station Atrai, District Rajshahi without any interference from the principal defendants. After the institution of the suit, the plaintiff petitioner filed an application for injunction restraining the principal defendants from leasing out the Waqf portion of the Ahsango......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......te and others ……………….Opposite Parties. Judgment July 17, 2001. Case Referred To- Province of East Pakistan and another Vs. Md. Mehedi Ali Khan and others, 11 DLR (SC) 318. Lawyers Involved: Sk Afzalur Rahman with Emdadul Huq Azad, Advocates—For the Petitioner. Abd..Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......d Awami League became the largest party in the Parliament. Jatiya Party acting through its acting Chairman, Mizanur Rahman Chowdhury and the petitioner as its secretary general at the relevant time informed the President of the Republic about its decision by letter dated 17-6-1996 to support Awami L......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Secretary, Parliament Secretariate Vs. Khandker Delwar Hossain, 1999 BLD (AD) 276 = 4 BLC (AD) 27. Lawyers Involved: Syed Ishtiaq Ahmed with Rokanuddin Mahmud and MK Rahman, Advocates — For the ..Category: Constitutional Law | Date: | Hits: 196
.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......ttorney-General—For the Respondents.
Writ Petition No. 59 of 1994.
Judgment
SAN Mominur Rahman J.- In this Rule respondents were directed to show cause why the proposed eviction scheduled for 5-1-94 from the land as mentioned in the letter dated 3-1-94 (Annexure-A) to the writ petition s...... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......
Md. Abdul Quddus J
Modhumala………….Petitioner
Vs.
Director, Housing and Judgment Building Research Institute & others.……….Respondents.
Judgment
October 26, 2000.
Lawyers Involved:
Nizamul Hoque Nasim, Advocate— For the Petitioner
Shahabuddin Ahmad, Deput..
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ...... J.- This Rule at the instance of defendant-appellant-petitioner was issued calling upon the opposites to show cause as to why the impugned judgment and decree so far it relates to remand of the case for fresh trial passed in Title Appeal No.168 of 1996 dated 28th June, 1998 and the decree signed on......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......2001. Cases Referred To- 43 DLR (AD) 78; 43 DLR (AD) 125; AIR 1975 All 341; Ram Chand Appellant Vs. Rain Swamp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 BCR 270. Lawyers Involved: KS Nabi, Barrister-at-Law with Md. Abul Quashem, Md. Zakir Hossain, Advocatesâ€..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......9)94 and the order dated 7-8-2000 passed by the learned Additional Sessions Judge, Bagerhat in Criminal Revision No.90 of 1999 should not be quashed. 2. It appears that the present petitioner is informant of GR No.123 of 1994 of the Court of Magistrate, Bagerhat. After investigation, the Investig......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ...... Present: Md. Hamidul Haque J Munsurul Haque Choudhury J Ibrahim (Md.) ……………..Petitioner Vs. State ……………….Opposite Party. Judgment November 2, 2000. Lawyers Involved: Anisul Haque, Advocate — For the Petitioner Fazlul Haque Choudhury, Assist..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
.... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......sed by the Special Tribunal No.5, Kishoregonj in Special Tribunal Case No.16 of 1998 should not be quashed. 2. It appears that the petitioner has been convicted under section 19(f) of the Arms Act for keeping illegally in his possession one kiris and two knives. The learned Advocate for the petit...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......AIR 1922 (Lahore) 138; Mehrdin Vs. The Emperor IC 1927 page 935; Shahdin Vs. State PLD 1961 (Lahore) 704; State Vs. Amir Khan PLD 1963 (Peshawar) 54; Emperor Vs. Nga Lu Gale AIR 1928 (Rangoon) 49. Lawyers Involved: Subash Chandra Shaha, Advocate— For the Petitioner. Nikhilesh Dutta, Deput..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......997 setting aside judgment and decree dated 29-5-1997 passed by learned Assistant Judge, First Court, Dhaka in Title Suit No.368 of 1985 should not be set aside. 2. The only question that survives for determination in this Civil Revision Petition is whether the principle of promissory Estoppel is......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......Natural Gas Commission AIR 1987 1 Cal:90 CWN 449 and Robertson Vs. Minister of Pensions 1 KB 227 (LR) Kings Bench Division; Central London Property Trust Ltd. Vs. High Trees House Ltd. 1947 QB 30. Lawyers Involved: Bhivash Chandra Biswas, Assistant Attorney-General —For the Petitioners. M..Category: Property Law | Date: | Hits: 83
....ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.......nts did neither complete the transaction nor hand over the physical possession of the property in favour of the petitioners in spite of compliance of all the terms by them. They made repeated prayers for completion of the transaction but having failed in this respect, a notice demanding justice was ......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519....... of Commerce and others …………….Respondents.
Judgment
April 29, 2001.
Cases Referred To-
Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56.
Lawyers Involved:
AFM Hasan Arif with AQM Shafiullah, Advocates— For the petitioners.
Obaidu..
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......l Order No. 75 of 1984 with Civil Rule No. 205 (fm) of 1984. Judgment Ranadhir Sen J.- This appeal is directed against the order dated 11-4-84 of the learned Subordinate Judge refusing a prayer for temporary injunction in mandatory form. 2. The plaintiff filed the suit for declaration that ......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......upiter Glass Industries Ltd. and others Vs. Titas Gas Transmission and Distribution Company Limited and another, 35 DLR 293; Nandan Pictures Ltd. Vs. Art Pictures Ltd. and others AIR 1956 Cal 428. Lawyers Involved: Fakir Shahabuddin, Abdur Rab 1 and Abdul Halim, Advocates — For the Appellant..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......lication No. 27 of 1992 Bangladesh Chemical Industries Corporation is the respondent and revenue is the applicant. 4. In these four reference applications the Taxes Appellate Tribunal treated the aforesaid corporations as Local Authority and exempted them from paying taxes under section 4(3)(iii)......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......€¦â€¦â€¦.Respondent. Judgment June 27, 2000. Cases Referred To- BSCIC Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; AZ Rafique Ahmed Vs. BCSIR, 32 DLR (AD) 83; AIR 1963 (SC) 1891. Lawyers Involved: Dabiruddin Ahmed, Deputy Attorney-General with Md. Abdur Rahim Bhuiyan, Assista..Category: Fiscal/Taxation Law | Date: | Hits: 86
.... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
......cel, withdraw or rescind the same and to give the lease in question to the petitioner. At the time of issuance of the Rule operation of the impugned order was stayed.
2. Learned Advocate appearing for the petitioner after placing the petition and other materials on record submitted that responden...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
......ar vs. M Zahirul Alam 40 DLR (AD) 62; Shafique Ahmed vs. Chairman BCIC 45 DLR 95; UK Salsabil vs. Shama Corporation 37 DLR (AD) 117 and Hossain Ahmed vs. Md. Hossain and Brothers 32 DLR (AD) 223.
Lawyers Involved:
Rafique-ul-Hoque with Rokonuddin Advocates — For the Petitioner.
JK Paul w..
Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207....... Advocate — For the Appellant- Petitioner. MA Rouf, Assistant Attorney-General — For the State. Criminal Appeal No.2681 of 1998. Judgment Kazi Ebadul Hoque J. - This is an application for bail of the appellants. The appeal is against the order of rejection of prayer for bail by the S......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......………Respondent Judgment December 6, 1998. Cases Referred to- Monjurul Hoque vs. State 14 BLD 604, Dula Miah vs. State 44 DLR 209, Riasat Ali vs. Ghulam Mohammad, 20 DLR (SC) 339. Lawyers Involved: Md. Shah Alam, Advocate — For the Appellant- Petitioner. MA Rouf, Assistan..Category: Criminal Law | Date: | Hits: 35
Zahur Ahmed Vs. Commissioner of Customs and other, 1999, 28 CLC (HCD)
....ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ...... Commissioner of Customs and other………......Respondents Judgment February 3, 1999. Result: The Rule is discharged. Writ petition is not maintainable when there is alternative forum for seeking remedy by way of appeal. Mere allegation of violation of the provisions of law can......ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ...... appeal. Mere allegation of violation of the provisions of law cannot give rise to any cause of action for filing a writ petition when there is forum for seeking remedy against the impugned order. Lawyers Involved: Jalal Ahmed Sikder for Jainul Abedin, Advocate — For the Petitioner. Shaha..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......rders passed as to this Court may seem fit and proper. 2. Facts, in short, are that the petitioner as plaintiff instituted Title Suit No. 22 of 1990 in the Court of Senior Assistant Judge, Barisal for declaration of title and for partition of 1.95-acre of land out of 4.18 acres of land in the sch...... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204....... (Civil) Present: M M Ruhul Amin J Sabed Ali Howlader and Others……………..Petitioners Vs. Abdul Barek and other…………….Opposite Parties Judgment May 26, 1998. Lawyers Involved: Syed Ziaul Karim, Advocate — For the Petitioners. Abdul Quayum with Md. Mo..Category: Property Law | Date: | Hits: 102
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......in Special Case No.8 of 1992 (Pabna) convicting appellants Md. Ibrahim Hossain, Md. Abdur Rouf and Md. Shamsul Bari under sections 468/34 of the Penal Code and sentencing them thereunder to suffer RI for two years and to pay a fine of Taka 60,000.00 each, in default to suffer RI for a further period......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192....... Court High Court Division (Criminal) Present: Gour Gopal Saha J Abdur Rouf (Md.) and another………..…Appellant Vs. State……….Respondent Judgment July 5, 1998. Lawyers Involved: Shahidul Islam, Advocate — For the Appellant (In Criminal Appeal No. 1433 of ..Category: Criminal Law | Date: | Hits: 104
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......edure against the judgment and order dated 7-4-2004 passed by Second Court of Additional District Judge at Dhaka dismissing Miscellaneous Appeal No. 299 of 2003 and No. 335 of 2003. 2. Short facts for disposal of the Rule are that, on 9-8-03 opposite party Nos. 1 and 2 as plaintiffs instituted Ti...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ...... vs. Kalipada Chattopadhyaya, 11 DLR 103, National Credit and Commerce Bank Ltd. Vs. Prime Bank Ltd., 9 MLR 33 = 8 BLC 391, Abdul Latif Chowdhury vs. Md. Noor Hossam and others, 1997 BLD (AD) 230. Lawyers Involved: Rafique-ul Huq with M Moniruzzaman Khan, Marium Khan, Morshed Ahmed Khan, ASM A..Category: Civil Law | Date: | Hits: 148
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