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Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)

....rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550.......nding in the Court of the Assistant Judge, 3rd Court, Dhaka till the disposal of the suit. 2. The short facts relevant are that, the petitioners being plaintiff instituted SCC Suit No. 8 of 1994 before the SCC Judge and Assistant Judge, 3rd Court, Dhaka for eviction of the tenant opposite party N......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550.......��…………….Opposite Party Judgment June 6, 1999. Result: The Rule is made absolute. Case Referred to- Md. Atiqullah Vs. Mrs. Sanawara Begum and others, 1996 BLD (AD) 260. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioners. Not Represented — the Op..

Category: Property Law | Date: | Hits: 57

Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544.......inst the judgment and order dated 6-6-91 passed by the learned Sessions Judge, Faridpur, convicting the accused-appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and ordered to pay a fine of Taka 5,000.00, in default to suffer rigorous imprisonment for ...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544.......ellant Vs. State………………………………………….. Respondent Judgment June 15, 1999 . Case Referred to- Zaheda Bewa and another vs. State, 37 DLR 66 =1985 BLD 9. Lawyers Involved: Md. Khurshid Alam Khan, Advocate — For the Petitioner. Syed Abu Kowser, As..

Category: Criminal Law | Date: | Hits: 32

Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)

.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... was filed under section 561A of Code of Criminal Procedure by the present petitioner Mostafa Aminur Rashid which was heard and disposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. 76 of 1991 was moved before the Appellate Division but the same was dismisse...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......ur Rashid……………….. Petitioner Vs. State……………………………. Respondent Judgment August 12, 1999. Case Referred to- Babulal Agarwala vs. State 13 DLR 1. Lawyers Involved: Abdul Malek, Advocate — For the Petitioner. Criminal Miscellaneous Case No..

Category: Criminal Law | Date: | Hits: 55

Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)

Category: Criminal Law | Date: | Hits: 52

Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)

....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......ause as to why impugned letter dated 6-7-98 issued by the respondent No. 2 (Annexure B) shall not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the petition and provisions of sections 6 and 19 and 21 of the Secu......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......es and Exchange Commission and others……………….. Respondents Judgment July 26, 1999. Case Referred to- Tourni vs. National Provincial and Union Bank of England (1924) 1KB 461. Lawyers Involved: Rafique-ul-Huq with Md. Zafarullah Chowdhury and Ahsanul Karim, Advocates — F..

Category: Banking Law | Date: | Hits: 196

Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)

....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......s. Having received the consideration amount in full said Mrs. Rashida Hossain executed the instrument of share transfer (From 117) in favour of the petitioner. And at the time of the transfer of the aforesaid share the transferor also handed over the vacant possession of the said room of the Dhaka S......f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......ondents Judgment June 15 & 16, 1999. Cases Referred to- Tamizul Haque vs. Shamsul Haque 43 DLR (AD) 34; Afrus Miah and another vs. Al-Haj Md. Siraj Miah and others 43 DLR (AD) 89. Lawyers Involved: Dr. AKM Ali Advocate — For the Petitioner. Rabindra Ghosh, Advocate — Fo..

Category: Company Law | Date: | Hits: 194

Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)

....referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527.......our Gopal Saha J. - This Rule is directed against the order dated 18-9-97 passed by the learned Assistant Judge, Uzirpur, Barisal in Title Suit No. 52 of 1997 rejecting the petitioner’s application for rejection of the plaint under Order 7 rule 11 read with section 151 of the Code of Civil Procedu......referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527....... Sheikh Abdul Quader vs. Chairman, Bangladesh Agricultural Development Corporation and others 30 DLR (SC) 96 & Abul Hashem vs. Chairman, National Board of Revenue, Dhaka and another 32 DLR 55. Lawyers Involved: Zainul Abedin with Zakir Hossain Munshi, Advocates — For the Petitioner. A..

Category: Procedural Law | Date: | Hits: 83

Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)

....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......ent Md. Awlad Ali J. - This Rule arises out of judgment and decree dated 8-5-86 passed by the Subordinate Judge, Bagerhat in Title Appeal No. 38/8 affirming the decree of the final Court in a suit for declaration of title and confirmation of possession and permanent injunction. 2. The petition......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......nd others 44 CWN page 141; Janaki Nath More vs. Prabhasini Dasee ILR 43 Cal 178; AIR 1937 (All) 176, Bishan Dayal vs. Kesho Prasad; AIR 1937 (Patna) 324 Naji Rajob Ali vs. Sk Aktar Ali; 1931 Calcutta Law Journal vs. 63 page 512; Chilakanarti Ketaiah vs. Addanki Venkata Subaish, AIR 1962 Andhra Prade..

Category: Property Law | Date: | Hits: 98

Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)

....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......torney-General — For Respondent No. 1. KS Zaman, Advocate — For the Respondent Nos. 10 and 14. Writ Petition No. 1198 of 1995. Judgment Mainur Reza Chowdhury J. - This writ petition before us is filed by the petitioner Sajeda Begum at whose instance a Rule Nisi was issued calling upo......and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......ard and others……….Respondents Judgment March 25, 1997. Cases Referred to- Monirunnahar Begum vs. Shahed Ali, 1 BCR (1981) 43; Hossain Uddin vs. Additional Collector, 14 DLR 753. Lawyers Involved: Shafique Ahmed with Shahid Ahmed, Advocates — For the Petitioner Md. Mahbu..

Category: Property Law | Date: | Hits: 107

Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)

....t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......al Assistant Judge-in-Charge and Family Court, Sadar, Chandpur in Family Court Case No.4 of 1991 should not be set aside. 2. The opposite party as plaintiff filed Family Suit No. 4 of 1991 praying for a declaration that the divorce given by the defendant No.1 is illegal, collusive, null and void ......t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512........ Lt. Col Muhammad Yusuf, 15 DLR (SC) 9; Serajul Islam vs. Helama Begum and others, 48 DLR 48; Ganhar vs. Mrs. Ghulam Fating and another PLD 1984 Lahore 124; Nelly Zaman vs. Giasuddin, 34 DLR 221. Lawyers Involved: Md. Shah Alam, Advocate — For the Petitioners. Abdus Salam Khan, Advocate ..

Category: Family Law | Date: | Hits: 180

Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)

.... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510.......e judgment and decree dated 24-5-87 passed by the Senior Assistant Judge and Small Cause Courts Act Judge, Kishoregonj in Small Cause Courts Act Suit No. 1 of 1986. 2. The plaintiff filed the suit for eviction of the defendant from the suit premises. The suit premises measuring 0.01 acre of land ...... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510.......gh Court Division (Civil) Present: Qazi Shafiuddin J Dr. Abdul Gani………Petitioner Vs. Mujibur Rahman & others…………Opposite Parties Judgment August 8, 1999. Lawyers Involved: Habibul Islam Bhuiyan with SM Rezaul Karim, Advocates — For the Petitioner. ..

Category: Civil Law | Date: | Hits: 89

SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)

....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......cial Court, Chittagong in Other Suit No. 3 of 1998 refusing to grant temporary injunction. 2. Other Suit No. 3 of 1998 came into being following the filing of a plaint whereby the plaintiff prayed for (1) a decree of declaration to the effect that the plaintiff is not liable to pay technical fee ......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......; Fresh Fruit Wales Ltd. vs. Halbert, (Times, 29th January 1991); American Cynamid vs. Ethicon Ltd.; Shell UK Ltd. vs. Lostock Garages Ltd. 19761 WLR 1187 and Jaggard vs. Saweyer (1995 1 WLR 269). Lawyers Involved: Khandaker Mahbubuddin Ahmed with Mustafa Niaz Muhammad, Advocates — For the A..

Category: Civil Law | Date: | Hits: 164

Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)

....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......rned Subordinate Judge, 1st Court, Rangpur in Miscellaneous Case No. 25 of 1995 (a proceeding under section 24 of the Non-Agricultural Tenancy Act) disallowing the pre-emption. 2. Facts relevant for the purpose of disposal of this appeal, in short, are that 0.0913 acre of land appertaining to p......dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......twari Vs. Abdul Hakim Miazi, 33 DLR (AD) 305; SM Basiruddin Vs. Zahurul Islam Chowdhury and another, 35 DLR (AD) 230; SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 7 MLR 46 = 54 DLR 181. Lawyers Involved: Nazibur Rahman, Advocate-For the Appellant. Shafique Ahmed, Advocate-For the..

Category: Property Law | Date: | Hits: 53

Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)

....ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211.......llenged. By the order No. 6 an application under order VII rule 11(d) of the Code of Civil Procedure was rejected. By order No. 7, the defendants were restrained from obstructing the plaintiffs in performing their functions till disposal of the suit. By order No. 8, the defendants by an order of ad�......ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211.......eputy Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1985 BLD 57; BN Khan Degree College Vs. Md. Abdul Rahim, 1999 BLD (AD) 153; 1999 BLT (AD) 153; Nur Mohammed Vs. M Ahmed, 39 DLR (AD) 1. Lawyers Involved: Quamrul Hoque Siddique, Advocate-For the Petitioners. MA Tariq, Advocate-Fo..

Category: Civil Law | Date: | Hits: 74

Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)

.... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ......2 of 1987 (arising out of Shwarankhola PS Case No. 2 dated 8‑5‑1984 and GR Case No. 32 of 1984) which convicted the appellant under section 302 of the Penal Code and sentenced him to imprisonment for life and also to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for one year...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ...... Vs. Sree Ranjit Kumar Pramanik, 1992 BLD 284=45 DLR 660, Al-Amin Vs. State, 1999 BLD 307=51 DLR 154; Aghnoo Nagesia Vs. State of Bihar, AIR 1966 SC 119; Hasib Vs. State of Bihar, AIR 1972 SC 283. Lawyers Involved: Nurul Islam Chowdhury, Advocate‑For the Appellant. Sk A Awal, Deputy Atto..

Category: Criminal Law | Date: | Hits: 44

Rustom Ali and others Vs. Hasen Ali and others, 2011, 40 CLC (AD)

....ely, after keeping Photostat copies of all those documents in the office, duly attested by the Registrar. Ed. This Order is also Reported in: 16 BLC (AD) (2011) 34 & 19 BLT (AD) (2011) 53. ......- For the Petitioners. Rafique-ul-Haque, Senior Advocate instructed by Md. Mozibur Rahman, Advocate-on-Record- For Respondent No.1, 2, 3, 4, 6 Not represented-Respondent No. 5. Civil Petition for Leave to Appeal No. 590 of 2010 (From the judgment and order dated 11.08.2009 passed by the Hi......ely, after keeping Photostat copies of all those documents in the office, duly attested by the Registrar. Ed. This Order is also Reported in: 16 BLC (AD) (2011) 34 & 19 BLT (AD) (2011) 53. ......Hossain J Surendra Kumar Sinha J Rustom Ali and others…………………… Petitioner Vs. Hasen Ali and others………………………..Respondents Order February 9, 2011. Lawyers Involved: A.B.M. Nurul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-o..

Category: Criminal Law | Date: | Hits: 70

Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)

....pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298.......d of by a single judgment. 2. Allegations against the appellant is that on 20-7-98 at about 14.00 hours SI of Police Liaquat Hossain, attached to Sabujbagh PS accompanied by a contingent of police force arrested the appellant from East Goran on information that he has been threatening local peopl......pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298.......minal Appellate Jurisdiction) Present: MA Aziz J Md. Abdus Salam J Kawsar Alam Khan ……………Appellant Vs. State ……………..Respondents Judgment April 3, 2000. Lawyers Involved: Tofail Ahmed with AKM Shamsul Huq, Advocates—For the Petitioner. Syed Abu ..

Category: Criminal Law | Date: | Hits: 54

Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)

....ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295.......lling this earlier order dated 5-12-83 appointing the petitioner Mutwalli of the said State. 2. It appears from the record that the opposite party, Md. Abdul Ghani on 16-6-84 made an application before the Administrator of Waqfs, Bangladesh for cancelling the appointment of the petitioner as Mutw......ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295.......bdur Rashid J Abdul Hoque (Md.)………………………….Petitioner Vs. Md. Abdul Gani alias A Gani .......................Respondent-Opposite Party Judgment January 13, 2000. Lawyers Involved: Ashfaqul Islam, Advocate—For the Petitioner. Not represented— the Opposi..

Category: Trust/Waqf Law | Date: | Hits: 174

Sobha Rani Biswas Vs. State and others, 1999, 28 CLC (HCD)

....itted the accused of the charges levelled against them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293.......19/467/471 and 109 of the Penal Code and sentenced them to various terms of imprisonment ranging from 6 months to 2 years. 2. The complainant petitioner Shova Rani lodged a petition of complaint before the Sub- Divisional Officer Jhenaidah alleging therein that the accused Nripendra Nath Biswas f......itted the accused of the charges levelled against them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293....... Amirul Kabir Chowdhury J Sobha Rani Biswas………………..…….Petitioner Vs. State and others……………………………….Opposite Parties Judgment July 13, 1999. Lawyers Involved: SS Halder with SS Sarker, Advocates—For the Petitioner. Mihir Kanti Majumd..

Category: Criminal Law | Date: | Hits: 51

Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)

....llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......ed 9-10-1995 passed by the learned Subordinate Judge, First Court, Faridpur, in Title Suit (Pre-emption Suit) No. 47 of 1978 rejecting the petitioners application under section 4 of the Partition Act for buying up the share of the plaintiff opposite party No. 1. 2. The opposite party No. 1 as pla......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606......., 1997. Cases Referred To- 30 Indian Cases 936, 97 Indian Cases 416; AIR 1963 (Cal) 161; 58 CU 174; AIR 1941 Patna 4; 190 IC (1940) 117; 88 CWN, 147; AIR 1953 (Pat) 344; AIR 1950 (Cal) 111. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate—For the Petitioner. Md. Nurul Haque w..

Category: Administrative Law | Date: | Hits: 210

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