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Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ntensil causing loss of Tk. 6000/‑ in spite of the protest of the witnesses in his absence when he was in Dhaka to see his ailing son with his wife. The accused persons committed the offence taking advantage of their absence from their house. Upon the petition of complaint CR case 125C/86 TR No. 6......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......an Chowdhury, Advocates ‑For the Petitioners. Not represented ‑ the State. Criminal Revision No. 231 of 1989 Judgment A M Mahmudur Rahman J. -This Rule arises out of the judgment and order passed by Assistant Sessions Judge, Munshiganj in Criminal Appeal No. 11 of 1988 confirming th......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
.... Vs. Nuruddin Ahmed and others.....................Opposite Parties. Judgment June 21, 1989. Cases Referred to- Govinda Ramanuja Das Goswami Vs. Vijiaramaraju and another, AIR 1929 Madras 803; Chaturbhujdas Parmanandas Vs. Natyartal Tribhovandas, AIR 1931 Bom 509; AB Gurumurthi Che......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ...... Civil Revision No. 228 of 1988. Judgment Nurul Huque Bhuiyan J. - This Rule under section 115 of' the Code of Civil Procedure at the instance of plaintiff ‑petitioners calls in question the order dated 24.11.88 passed by the learned District Judge, Barisal in Miscellaneous Appeal No. 43 of......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
....the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ......, however, entitled to get back her money from the defendant bank with interest at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
...........not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......ithin 3 years and also adjust the same towards rent in case of any default in payment of rent thereof. The plaintiff did not receive rent for which the defendants were compelled to send rent by money order. No notice under section 106 of the Transfer of Property Act has been served upon the defendan......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
.... Judgment September 19, 1990. Cases Referred to- 23 DLR 113, 42 DLR 140, 1984 BLD (AD) 8, 1981 BCR 450. Lawyers Involved: M Gholam Rabbani, Advocate ‑ For the Petitioner. Mohammad Ullah with Waliur Reza Chowdhury, Advocates ‑ For the Opposite Party. Civil Revision No. 538......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......1978 the learned Advocate for the opposite party submits that as the matters are not the same and as the issues in the suits and the revisional applications are different this Court may not grant the order of stay as prayed for. He further submits that the decision of the House Rent Controller that ......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......vailable are not such matters. We can also take judicial notice of the fact that the vast majority of the petitions under Article 226 of the Constitution are filed solely for the purpose of obtaining interim orders and thereafter prolong the proceedings by one device or the other. The practice certa......Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-4. Civil Appeal No.177 of 2009. (From the judgment and order dated 22-7-2008 passed by the High Court Division in Writ Petition No.5085 of 2008). Judgme......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112....... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......dvocates ‑For the Respondents. Writ Petition No. 1007 of 1989 Judgment Muhammad Fazlul Karim J.- This rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 6.9.88 (Annexure A) issued under the signature of the respondent No.2, the General Manag...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....Judgment December 10, 1992. Cases Referred To- Davies Vs. Otty (1865) 55 ER 875; W Strewart Vs. New Zealand Insurance Co. Ltd., (1912) 16 CWN 991=17 IC 188; Kolhapur Vs. Sundarak, AIR 1925 Madras, 497; Rosi Vs. Pillamma, (1909) 20 MLJ 400; Mangal Sen Vs. Emperor, 1929 Lah. 840; Mt. Moril K......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......aintiff namely, Khogendra Kumar Shil was examined‑in‑chief but unfortunately he died before he could be cross‑examined. An application was thereupon filed from the side of the petitioner for an order to have his deposition expunged as being inadmissible. The trial judge, by the impugned order ......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
.... learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......eneral ‑ For the Respondents. Writ Petition No.101 of 1990. Judgment Mohammad Gholam Rabbani J.- This application under Article 102 of the Constitution is directed against the judgment and order dated 7.3.89 passed by the Court of Settlement in Case No.1022 of 1987. The case was filed by ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
.... observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......he prayer of the accused and framed charge against him under sections 406/420 of the Bangladesh Penal Code and fixed 30.3.85 for examinations of witnesses. 4. Petitioner did not challenge the said order of the learned Magistrate before the Sessions Judge in revision but moved this Court under sec......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ..Category: Criminal Law | Date: | Hits: 132
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....ment AM Mahmudur Rahman J. - By this Rule the opposite parties were directed to show cause as to why the impugned order passed by the Trial Court on September 16, 1986 rejecting an application for adding the petitioners as added defendants in SCC Suit No. 1 of 1986 pending in the court of Munsif,......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ...... For the Opposite Parties. Appeal from Original Decree No. 107 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule the opposite parties were directed to show cause as to why the impugned order passed by the Trial Court on September 16, 1986 rejecting an application for adding the petiti......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ..Category: Property Law | Date: | Hits: 67
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
.... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Chowdhury J Hashem (Md.).......................................Appellant Vs. Bangladesh and others...........................Respondents. Judgment August 16, 1990. Lawyers I......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......y on 2.1.84 a letter was issued by the Sub‑Divisional Officer, Sadar, Dhaka (Exhibit) to appear with his papers in support of his claim. The plaintiff alleged that he produced all his papers but no order was passed. However the claim of the plaintiff was never denied. Hence there is no question of......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
....and to the plaintiffs and delivered possession thereof to him. Since purchase of the aforesaid land (described in schedule 2 to the plaint) the plaintiff was in possession by cultivating and growing paddy and also enjoying fruits. There being no partition by metes and bounds or the disputed land and...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......disputed land to the defendants. His argument is based on the provisions of section 4 of the Partition Act, 1893. From a close reading of the provisions of section 4 of the Act it seems to me that in order to have the benefit of section 4 of the Partition Act the defendants are to satisfy the Court ...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....d another, 1949 Cal. 350; Zeauddin and others Vs. Abdur Rafique and others, 1952 Pat. 66; All India Groundnut Syndicate Ltd. 1945 Bom. 07; Amar Chand Vs. Anwari Lall Rakshit, 1949 Cal. 608; Hari Prashad Vs. Mr. Soogni Devi, 67 IC 123; Manilal Vs. Gokul Das, 1945 Bom. 245; All India Groundouts Syndic......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......y must remember that they submit only to bury the dispute once and for all. 3. Now, I proceed to deal with the appeal. The appellant has taken in the memorandum of appeal as many as 28 grounds. In order to appreciate the contention raised at the Bar it is necessary, in nutshell, to state the fact......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment September 3, 1992. Result: The appeal is dismissed. Cases Referred to- Abdul Karim Vs. State and others, 1981 BLD, (AD) 200; Sultan Muhammad Vs. Crown 1955 PLD Lahore 575; State Vs. Manzoor Ahmed 18 DLR (SC) 444; Sardarali & another V......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......d namely, Noor Ahmed, Seraj Ahmed, Abdul Motaleb, Sona Ali, Abul Hossain, Faiz Ahmed, Sekander Fakir, Eunus, Kala Mah, Putiakabli and Nurul Huq of the charges brought against them by his judgment and order dated 8.6.89 in Sessions Trial No.25 of 1987 out of which the present appeal has arisen challe......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....urt High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J SDS Dairy Limited………………................Petitioner Vs. Bangladesh and others…………………………..Respondents Judgment January 6, 2011. Lawy......ision of the Code of Civil Procedure. 5. Being aggrieved by the said order dated 5.4.2010 the petitioner-company moved this Court under its special original jurisdiction and obtained a Rule and ad-interim order staying all further proceedings in the said execution case. 6. The decree-holder ba......dvocates-For the Respondent. Writ Petition No. 3002 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adalat No.3, Dhaka in Artha Execution Case No.131 of 2009 r......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......on, electrical work and renovation of 12 floor of the building shall not be declared illegal and without any lawful authority and also as to why the respondents shall not be directed to issue an work order in favour of the petitioner and/or such other or further order or orders passed as to this cou...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 133
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....25 DLR 398; Nizamuddin and others Vs. The State and another 13 BLT 460; Noor Islam and another Vs. State 6 BLC 178 Azizur Rahman and others Vs. The State 4 BCR (AD) 370. Lawyers Involved: Mohammad Ali Khan, Advocate-For the appellants. Md. Asheque Momin, Assistant Attorney General -For the ......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......appellants. Md. Asheque Momin, Assistant Attorney General -For the respondent. Criminal Appeal No. 300 of 1997. Judgment Md. Ruhul Quddus J. - This appeal is directed against judgment and order dated 20.2.1997 passed by the Additional Sessions Judge, Bagerhat in Session Case No.41 of 199......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....m and others Vs. The State XIV BLT 435; Shamsuddin Sarker Vs. State 11 DLR (SC) 365; 2006 (XIV) BLT 435. Lawyers Involved: Mohd. Lokman Hossen, Advocate-For the appellants. Matiur Rahman Howlader, Assistant Attorney General-For the respondent. Criminal Appeal No.4652 of 2008. Judgment......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......llants. Matiur Rahman Howlader, Assistant Attorney General-For the respondent. Criminal Appeal No.4652 of 2008. Judgment Md. Ruhul Quddus J. - This appeal is directed against judgment and order dated 18.6.2008 passed by the Additional Sessions Judge, Lakshmipur in Session Case No.86 of 1......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111