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Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....ordinate Judge, 1st Court, Chittagong Sadar in Miscellaneous Case No.493 of 1990 should not set aside and or pass such other or further orders as to this Court may deem fit and proper 2. The short facts for the disposal of the Rule is as follows. 3. One Abdul Mannaf Contractor the predecessor ...... in: 53 DLR (HCD) (2001) 608. ......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....r terms for your kind reference and action (which is to be replaced in Chapter 6.1 of our Bidding Document instead of the existing). For your kind reference, we are also enclosing the statement of facts of the supplied and delivered records of all the 4 Nos. of Cranes against Transport Contract N......t Division (Special Original Jurisdiction) Present: Kazi AT Monowaruddin J Md. Muzammel Hossain J Sumikin Bussan Corporation………….Petitioner Vs. Chittagong Port Authority and Others.........Respondents. Judgment June 4, 2001. Case Referred To- Sharping Matsh...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....No. 190 of 1981. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.186 of 1978. 2. Short facts relevant for the purpose of the case are that the opposite party as plaintiff instituted a sui......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Sikder Maqbul Hoq J Sk Sohrab Ali………………Petitioner Vs. Gazi Abdur Rashid and others.................Opposite Parties. Judgment October 25, 2000. Lawyers Involved: ......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... by the respondent No.1, Secretary, Bangladesh Parliament Secretariat, Law Division 2, declaring his seat as a Member of the Parliament vacant. 2. The petitioner challenged the notification on the facts that he was a Member Parliament from 21 Rangpur, Constituency No.3. He contested from all five...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Hussain Muhammad Ershad……….Petitioner Vs. Abdul Muqtadir Chowdhury and another……….Respondents. Judgment May 21, 2001. Cases Referred To- Bhanubhai M...... 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...Category: Constitutional Law | Date: | Hits: 202
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....the Code 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 sectio......d in: 53 DLR (HCD) (2001) 563.......on 96 of the Act is essentially summery in nature. Deciding the application for preemption, Court cannot go behind the intentions of the parties in executing the deed of the transfer, Furthermore any evidence to vary the terms of such deed is also barred under the provisions of section 91 of the Evi..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
.... 14. In view of the principles, it is the primary duty of the Court first to consider and decide whether the confession is proved to be true and voluntary or not on the evidence on record and in the facts and circumstances of a case. The question of retraction is also to be considered at the same t......ot represented—the Opposite Party Jail Appeal No. 4103 of 1991. Judgment Md. Abdur Rashid J.- This appeal was presented under section 420 of the Code of Criminal Procedure against judgment and order dated 31-3-90 passed by the Sessions Judge, Pabna in Sessions Case No.33 of 1989 (arising ...... around the issue injured. Right upper lobe was also found injured. He was of the view that death resulted due to the above injuries which were ante-mortem and homicidal in nature. 8. On the above evidence, the trial Court took serious exception against the appellant for his failing to become the..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....dalat No.4, Dhaka in Title Execution Case No.31 of 1997 directing him to make over possession of schedule ‘Kha’ land to the third 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, Dh......uf ………………Opposite Party. Judgment August 16, 2001. Lawyers Involved: KS Salahuddin Ahmed, Advocate—For the Petitioner. M Enayetur Rahman with Shahidul Islam, Md. Alamgir and Jail Gazi, Advocates—For the Opposite Party. Civil Revision No. 3254 of 2000. Judgment ......tion of the Court is whether the applicant was in possession of the property on the day it was decreed and also whether he has been dispossessed not through the judgment debtor any order without oral evidence, relying upon the documents and the papers filed by the applicant is, in my view, not in ac..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....alur Rahman, the learned Advocate for the petitioner, submits that the Waqf Estate is entitled to retain the suit Hat and section 1OA of the State Acquisition and Tenancy Act is not applicable in the facts and circumstances of the case, inasmuch as, the land comprising Waqf Estate is one of Waqf-lil......ed in: 53 DLR (HCD) (2001) 552.......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...Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....on referred to and relied on the decision in the case of Mr. Khandker Delwar Hossain, reported in 19 BLD (AD) 276. Mr. Nabi also submits that the contention of coram non judice, in the context of the facts of the present case, is totally misdirected and misconceived and, as such, the Election Commis......h Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Nazrul Islam Chowdhury J Anwar Hossain ………..Petitioner Vs. Election Commission of Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Secretary, Pa......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. ..Category: Constitutional Law | Date: | Hits: 196
....e without lawful authority and of no legal effect.
2. Respondent No.1 contested the Rule and has filed Affidavit in opposition. The petitioner subsequently filed supplementary affidavit.
3. The facts relevant for the purpose of disposal of the Rule are that the petitioner has been residing in ......540....... 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...
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
.... and decree dated 18th July, 1996 and decree signed on 23rd July, 1996 passed by the Subordinate Judge, First Court, Bagerhat in Title Suit No.52 of 1993 should not be set aside, etc. 2. The short facts relevant for the purpose of disposal of this Rule, is that the defendant- appellant-petitioner......………Appellant Vs. Md. Qayum Mollah & others……...Opposite Parties. Judgment August 14, 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 BC......ional Court need not pass order of remand—The revisional application could be disposed of by the High Court Division without sending the case on remand to the trial Court. Both oral and documentary evidence having been available on record there was no necessity for the remand as ordered by the Hig..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....n respect of the same occurrence and several investigations were held and different Investigating Officers gave different opinions regarding the occurrence and the persons involved. Considering these facts, both the Courts held the view that further investigation was necessary. 6. The present pet......By this Rule, opposite party was called upon to show cause as to why the order dated 18-7-99 passed by the Magistrate, 1st Class, Bagerhat in OR No.123 of 1994 arising out of Mongla PS Case No.4(9)94 and the order dated 7-8-2000 passed by the learned Additional Sessions Judge, Bagerhat in Criminal R......bail, remand the accused to custody during, and until the conclusion of the trial; (c) send to that Court the records of the case and the documents and articles, if any which are to be produced in evidence; (d) notify the Public Prosecutor of the transfer of the case to the Court of Session.â€..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....omestic purpose, falls within the category of arms. Further, it was held that the question particular instrument would fall within the category of ‘arms’ should be decided on consideration of the facts and circumstances of the case. 7. We have also noticed that in the cases referred to above,...... 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, Deputy Attorney-General — For the......ions of sections 25 and 30 of the Arms Act and, as such, alleged recovery was not in accordance with law and the convicted petitioner is liable to be acquitted. Lastly, he has argued that there is no evidence that the two knives and kiris were in exclusive possession of the convicted petitioner. ..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....n Petition is whether the principle of promissory Estoppel is attracted in awarding a decree in favour of petitioner. 3. For the purpose of answering the said question posed portrayal of essential facts may conveniently be noticed and stated. 4. Petitioner of Civil Revision Petition as plainti......d in: 53 DLR (HCD) (2001) 522. ...... register a document on acceptance of valuation fixed Government and also declared sale by auction of the suit property to any stranger to be illegal. Learned appellate Judge discussed and considered evidences both oral and documentary and also fact and circumstances of the case, and found that sinc..Category: Property Law | Date: | Hits: 83
....ly communicated to the petitioner Memo dated 23-12-1997.
6. We have heard the learned Advocates on both sides, the petition and the papers therewith and also the affidavit-in-opposition.
7. The facts of this case stand as one of the naked examples of high-handedness on the part of the concerne......is also Reported in: 53 DLR (HCD) (2001) 519.......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...
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....g for respondents No.2, has also drawn our attention to two other decisions of this Court. The case of Abdul Jalil Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) 42 does not help Mr. Mohammadullah in the facts of the instant case. In this case, the scope of injunction has been examined from different pe......ngal Ceramic Industries Ltd ……………… Appellant Vs. Chairman, Petro Bangla & others……...Respondents. Judgment November 9, 1984. Cases Referred To- Abdul Barek Mia and others Vs. ABM Serajul Islam, 20 DLR 508; Abdul Saul Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) ......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. ..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
.... press that. 7. In the other set of reference applications i.e. in Reference Application Nos.222-223 of 1991 the following common questions have been framed for our decision: (i) Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal is legally justified in trea......s. 222, 223, 224, 225 of 1991, 27, 28, 29, 30, 31, 32, 34, 35, 36 of 1992. Judgment Syed Amirul Islam J.- As common question of law is involved in all these references, they were heard together and are being disposed of by this judgment. 2. Reference Application No.222 of 1991 arises out of......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....ent Government to buy the same, and in the subsequent decision acceptance of the tender of a tenderer who failed to comply with one of the conditions of the tender notice was found to be illegal. The facts and circumstances of the said cases are clearly distinguishable from the facts and circumstanc......al Jurisdiction)
Present:
Kazi Ebadul Hoque J
Md. Mozammel Hussain J
ABM Ruhul Amin, Managing Director……………….….Petitioner
Vs.
Bangladesh Freedom Fighters Welfare Trust and others…….Respondent
Judgment
February 8, 1999.
Cases Referred to-
Mozaher Sawda...... 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.
..
Category: Property Law | Date: | Hits: 102
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
.... impleaded but he submits that in case of plaintiffs’ failure to implead any co-sharer, the suit may be dismissed on the ground of maintainability. 10. Since this is a suit for partition, in the facts and circumstances of the case, I am of opinion that it was proper on the part of the learned C...... possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......or the purpose of construction of Head Quarter Building of the then Rakhi Bahini but they have not been impleaded in this suit as party. 5. The learned trial Court on consideration of the material evidence on record dismissed the suit on the ground that the suit was bad for defect of parties as s..Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....rence. Since petitioners were not granted bail by the learned Sessions Judge on merit and allowed bail on the assurance of their senior lawyers that they would not misuse the privilege of bail in the facts and circumstances of the case as noticed above it is not correct to say that they did not misu......ons made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
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