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Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)

....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......ossain J Provas Chandra Banik ...........................................Petitioner Vs. Naresh Chandra Banik and others...........................Respondent Judgment August 2, 2009. Lawyers Involved: AB Roy Chowdhury, Advocate, instructed by Md. Habibur Rahman Miah, Advocnte-on-......e led by the parties as well as the point of law and the judgment and decree of the appellate Court did not suffer from patent illegally and material irregularly nor was violative of the provision of Order 41 Rule 31 of the Code of Civil Procedure but the revisional erroneously decided that the appe..

Category: Property Law | Date: | Hits: 75

Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)

....f the said Act on transfer of shares of the public limited companies as defined in the Companies Act, 1913 (VII of 1913) and whose shares are listed in the stock exchange. By order of the Chief Martial Law Administrator KG MUSTAFA Deputy Secretary." 22. Relying on the aforesaid notifi......erred to- Jobed Ali Sarker Vs. Dr. Sultan Ahmed, 26 DLR 303; United Manters and Traders Ltd. Vs. Md. Mosharaf Hossain Khan, 34 DLR 345; M/s. Anath Bandhu Guha & Sons Ltd. 7 PLR (Dac) 159. Lawyers Involved: Fida M Kamal, Advocate ‑ For the Petitioner. M Nurullah with M Shafiullah,......in the country and during the whole year of 1971 the petitioner was unable to make his name entered in the share register of the company as a share‑holder. After emergence of Bangladesh President's Order No. 26 of 1972 was promulgated and by that Presidential Order all schedule banks including the..

Category: Company Law | Date: | Hits: 175

Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ...... Government of Bangladesh, represented by the Secretary, Ministry of Land Administra­tion and Land Reforms, Dha­ka and others…………………..Respondents. Judgment March 22, 1990. Lawyers Involved: Shamsul Huq, Chowdhury with Ali Akbar, Ad­vocates ‑For the Petitioner. Kh......hese lands and also found the said Rafiqul Huq Chowdhury out of possession, and accordingly declared the possession of the petitioner and his co‑tenants in the said lands. Against this judgment and Order dated 3.1.57 a Criminal Motion being Criminal Motion No. 11 (1) of 1957 was filed before the S..

Category: Property Law | Date: | Hits: 63

Bashi alias Bashir and another Vs. The State, 1990, 19 CLC (HCD)

....lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209....... January 28, 1990. Cases Referred to- Vidyacharan Vs. Khubchand, AIR 1964 (SC) 1099; Mustafa alias Mustafizur Rahman Vs. The State, 1985 BLD 335; Elahi Box Vs. The State, 1987 BLD 126. Lawyers Involved: SAM Mahbub Elahi Advocate ‑ For the Appellants. Not represented- the Respo......ence imposed under those sections shall run concurrently in Special Tribunal Case No. 21 of 1988. 2. Mr. SAMM Elahi submits that although section 30 prescribes 30 days for filing an appeal from an Order of the Special Tribunal his clients are entitled to get the benefit of section 5 of the Limita..

Category: Procedural Law | Date: | Hits: 76

Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)

....with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......lendu Bikash Roy Chowdhury J Boynuddin and others……………………..Petitioners Vs. Azimuddin and others…………………….Opposite‑Parties. Judgment August 24, 1989. Lawyers Involved: Marfat Ali, Advocate ‑ For the Petitioners, Akram Hossain Amin, Advocate ......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..

Category: Procedural Law | Date: | Hits: 83

Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)

....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201....... Oil Mills Vs. Haji M Muhammad Zakaria & Co. & 2 others, PLD 1958 Kar. 510; Md. Ibrahim Vs. Md. Alauddin and others, 27 DLR 413; Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 38 DLR 39. Lawyers Involved: BK Das, Advocate ‑ For the Appellant, SH Md. Nurul Huda Jaigirdar, Advocat......it but he has argued the appeal only on point of law. His first submission is that the learned Subordinate Judge had erred in not holding that the suit is not barred against the defendant No. 3 under Order 1 rule 10 of the Code of Civil Procedure read with section 22(1) of the Limitation Act as the ..

Category: Civil Law | Date: | Hits: 82

Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)

....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......hury J Muhammad Ansar Ali J Dildar Hossain and another......................Petitioner Vs. Md. Sharif Hossain and others..................Opposite Party. Judgment May 23, 1990. Lawyers Involved: Abdus Salam Khan, Advocate ‑ For the Petitioner. Md. Lutfor Rahman Mondal,......os. 7 and 8) is directed against 2 orders dated 12.10.89 and 6.1.90 respectively passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No. 228 of 1986 rejecting an application under Order 16 rule 10 (3) and another under Order 16 rule 1 of the Code of Civil Procedure. 2. The sho..

Category: Property Law | Date: | Hits: 78

Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)

....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......Vs. Shah Jalal and others.......................................Opposite‑Parties. Judgment May 15, 1990 Case Referred to- Md. Shahabuddin Vs. Janata Bank & others, 41 DLR 94. Lawyers Involved: Hemayetuddin Ahmed with Md. Shahjahan Howlader, Advocates ‑For the Petitioner......s contested by defendant No. 1, General Manager (Administration) Rupali Bank, Dhaka, contending, inter alia, that the suit was barred under sections 19 and 25(b) of the Employment of Labour (Standing Orders) Act. During the hearing of the suit the defendant, however, filed an application praying for..

Category: Employment/Service Law | Date: | Hits: 64

Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)

.... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......l Hoque J Habibullah Chowdhury (Md.) ....................................Petitioner Vs. Rajdhani Unnayan Kartipakhho and another ..............Respondents. Judgment August 30, 1990. Lawyers Involved: MG Bhuiyan, Advocate ‑ For the Petitioner. Ziaur Rahman Khan, Advocate ‑...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...

Category: Property Law | Date: | Hits: 77

Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)

....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......red To- Balkrishna Raghunath Sawant Vs. Jagannath Sitaram Akarte, (1976) 78, Bom LR 234; Mr. Bannerjee Vs. Emperor, AIR 1927 Cal 823; Tulsidas Amanmal Karani Vs. Billimoria, AIR 1932 (Bom) 490. Lawyers Involved: SAM Mahbub Elahi, Advocate ‑ For the Petitioner. M Habibullah, Advocate ......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ..

Category: Family Law | Date: | Hits: 192

Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)

....tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127....... others Vs. Akhtar Rahman and others, 29 DLR 153; Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah and others, 1981 BLD (AD) 280; Akhtarunnessa and others Vs. Habibullah & Others 31 DLR (AD) 88. Lawyer Involves: BK Das, Advocate ‑ For the Petitioner. SK Sinha with Mahbub Ali, Advocates ......ultivator he should have specifically and sufficiently denied in his written statement that the pre‑emptor is not a bona fide cultivator but a mere "গৃহস্থী" or a house holder. 13. Order 8 rule 5 of the Civil Procedure Code reads as follows: "Every allegation of fact in the pla..

Category: Property Law | Date: | Hits: 72

Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)

....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123......., PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul Huque alias Ratan Mia Vs. Shaukat Ali alias Babul Bhuiyan and others, BCR 1985 (AD) 4538 DLR 265. Lawyers Involved: Mahammadullah, Advocate ‑ For the Petitioner. Md. Hannan with M. Khaled Ah...... of 1.97 acres converted into SA Plot No.17 and was recorded in the name of Haji Maran Ali Bepari vendor of the plaintiff. 4. Plaintiff opposite party filed an application in the trial Court under Order 6 rule 17 of the Code of Civil Procedure on 3.8.89 for amendment of the plaint which runs as f..

Category: Property Law | Date: | Hits: 79

Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)

....he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ......tioner Vs. Shamsul Hoque Shawdagar…………………Opposite Parties Judgment May 20, 1991. Case Referred To- Laizu Begum Vs. Election Commission and others, 42 DLR (AD) 180. Lawyers Involved: M Faruque, Advocate ‑ For the Petitioner. Matiur Rahman, Advocate ‑ For ......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ..

Category: Election Law | Date: | Hits: 129

Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)

....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......ellant Vs. The State……...........Respondent Judgment January 19, 1993. Cases Referred To- Pair Baksha Vs. State, 27 DLR 251; Gaziur Rahman Vs. The State, BCR 1990 (BCD) 236. Lawyers Involved: MM Hyder Ali, Advocate ‑ For the Appellant. Md. Enamul Hoque, Advocate ‑......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ..

Category: Criminal Law | Date: | Hits: 75

Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)

.... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115.......ferred To- Puran Mat Kauntia Vs. Income Tax Officer and others, 98 ITR 39; Polisetti Narayana Rao Vs. Commissioner of Income Tax, Hyderabad, 29 ITR 222; ITO Vs. Mohammad Kunhi, 71 ITR (SC) 815. Lawyers Involved: Rafiqul Huq, Advocate ‑ For the Applicant. Md. Moksudur Rahman, Advocate ...... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115...

Category: Fiscal/Taxation Law | Date: | Hits: 98

State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)

....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......38; Salauddin Abdul Samad Shaikh Vs. State of Maharashtra, 1996 (Cri) 198; State of Andhra Pradesh Vs. Bimal Krishon Kundu, AIR 1997 SC 3589; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242. Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General (with Akramul Haque, Assistant ....... (From the Judgment and order dated 8-6-2010 passed by the High Court Division in Criminal Miscellaneous Case No.17892 of 2010). Judgment ABM Khairul Haque CJ.- This petition is against the Order dated 8-6-10, granting anticipatory bail to the accused-respondents by the High Court Division..

Category: Criminal Law | Date: | Hits: 89

Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)

....if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ............ Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs Government of Bangladesh and others.......................Respondents. Judgment August 15, 1990. Lawyers Involved: Sk. Atiar Rahman, Advocate ‑ For the Petitioner. Syed Mokaddas Ali, Assist......if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ..

Category: Constitutional Law | Date: | Hits: 172

Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)

....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183....... Vs. Akbar Ali Sheikh and others................Opposite-Parties. Judgment August 9, 1990. Case Referred to- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 78. Lawyers Involved: Hasan Foez Siddique, Advocate -For the Petitioner. Not represented- the Oppo......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...

Category: Property Law | Date: | Hits: 74

Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)

....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181........ Vs. Wazir Ali Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50; Sm. K. Ponnalagu Ammal Vs. The State of Madras, 1953 Mad. 485; Province of Bombay Vs. WI Automobile Association, 1949 Bom. 141. Lawyers Involved: Mustafa Niaz Muhammad, Advocate ‑ For the Appellant. Moqbul Ahmed, Advocat......ntative of Nirode Baran. The Appellate Court allowed the appeal on the ground that the Trial Court decreed the suit during the war of liberation and the decree was hit by Bangladesh Legal Proceedings Order, 1972 and remanded the suit for fresh trial with a direction to issue summons upon the defenda..

Category: Property Law | Date: | Hits: 69

Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)

....the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ......r. Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; State of Bihar Vs. Rai Bahadur Hurdut Roy Moti Lal Jute Mills and another AIR 1960 (SC) 378(380) and Liversiege Vs. Anderson 1942 Appeal Cases 206. Lawyers Involved: Khondker Mahbubuddin Ahmed with Abdur Razzaque, Advocates ‑ For the Petitione......the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ..

Category: Criminal Law | Date: | Hits: 71