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Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)

....erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35....... Rahman J Mainur Reza Chowdhury J Majiruddin Ahmed, Advocate…………..Petitioner Vs. Chairman, Bangladesh Bar Council and others ..... Respondents Judgment April 30, 1991. Lawyers Involved: Majiruddin Ahmed, Advocate ‑ For the petitioner in person. AY Mashihuzzama......to us. The conduct of the opposite party prima facie appears to be irresponsible and reprehensible. We are satisfied that action under Article 51 of the Bangladesh Legal Practitioners and Bar Council Order and Rules, 1972 is justifiably called for against the OP and he be suspended from practice pen..

Category: Employment/Service Law | Date: | Hits: 94

Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)

.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ......isdiction) Present: Syed Fazle Ahmed J Bangladesh ......................... Petitioner Vs. Abdul Wahab & others ...................Opposite Parties Judgment June 3, 1991. Lawyers involved: Kaiseruddin Ahmed, Deputy Attorney‑General ‑ For the Petitioner. M Nurul...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ..

Category: Procedural Law | Date: | Hits: 87

Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)

....ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......diction) Present: AM Mahmudur Rahman J Rashid Ahmed................. Petitioner Vs. Abdul Nabi Sawdagar and others.....................Opposite Party Judgment August 14, 1990. Lawyers Involved: Mustafa Niaz Muhammad, Advocate ‑ For the Petitioners. Not represented‑ ......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ..

Category: Property Law | Date: | Hits: 75

Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)

.... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ...... Jurisdiction) Present: Md. Badruzzaman J Tajjaternessa...................Petitioner Vs. Md. Suruj Mia and others... ………….Opposite Parties Judgment January 22, 1992. Lawyers Involved: Nowazish Ara Begum, Advocate ‑ For the Petitioner. Amir Hossain, Advocate ...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ..

Category: Property Law | Date: | Hits: 76

Abdul Jalil Vs. Chairman, Rural Electri­fication Development Board and others, 1992, 21 CLC (HCD)

.... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ......mmad Fazlul Karim J Abdul Jalil...............Petitioner Vs. Chairman, Rural Electri­fication Development Board and others..................Respondents Judgment November 12, 1992. Lawyers Involved: Md. Ashfaqul Islam, Advocate ‑ For the Petitioner. S A M Mahbub Elahi, Adv...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ..

Category: Constitutional Law | Date: | Hits: 187

Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)

....in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......er, AIR 1961 Allahabad 290; Karamjit Kaur Vs. The Punjab University, AIR 1964 Punjab 327; Board of High School and Intermediate Education, UP Allahabad Vs. Bagleshwar Prasad, 1963 All LJ 676 (SC). Lawyers Involved: SC Das with Subrata Chowdhury, Advocates - For the Petitioner. Shafique Ahme......in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ..

Category: Others | Date: | Hits: 122

Abdul Jalil Sheik­ Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)

....e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......(Civil Revisional Jurisdiction) Present: Abdul Hasib J Abdul Jalil Sheik­………..Petitioner. Vs. Md. Abdul Quddus Sarker............Opposite Party. Judgment June 12, 1991. Lawyers Involved: Abdul Momin Talukder, Advocate ‑For the Petitioner. Not represented ‑ th......le calls in question the legality of the order dated 20.3.86 passed by the Munsif (now Assistant Judge), Upazilla Court Belkuchi in Miscellaneous Case No. 26 of 1985 rejecting a Review Petition under Order 47, rule 2 of the Code of Civil Procedure. 2. The case of the petitioner is that he failed ..

Category: Property Law | Date: | Hits: 75

Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)

....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ...... Revisional Jurisdiction) Present: Syed Fazle Ahmed J Afzal Meah.................Petitioner Vs. Bazal Ahmed and others.................Opposite Parties Judgment April 1, 1991. Lawyers Involved: Md. Ruhul Amin, Advocate ‑ For the Opposite Party-Petitioner No. 8. Md. Mo......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ..

Category: Property Law | Date: | Hits: 72

Nasir Miah, Malik Nasir Soap Factory Vs. Md. Anwar Hossain Executive Officer, Commander Soap Factory Ltd., 1994, 23 CLC (HCD)

....herefore, find no merit in the contentions of the learned Advocate for the appellant. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (1996) 28. ......olesale Society Ltd. page 381 of Trade Mark Case from (1907) 24 RP 6, 425; Dhaka Match Factory Ltd. Vs. Bangladesh Match company Ltd. 30 DLR 244; Shafquat Haider Vs. Md. Al-Amin 1987 BLD (AD) 130. Lawyers Involved: Asrarul Hossain with Iftekhar Ahmed Lutfar and Rahman, Advocates ‑ For the Ap...... Asrarul Hossain with Iftekhar Ahmed Lutfar and Rahman, Advocates ‑ For the Appellant. Syed Ishtiaq Ahmed with Yusuf Hossain Humayun, Advocates ‑ For the Respondent. Appeal from Appellate Order No. 68 of 1994. Judgment Kazi Ebadul Hoque J. - This appeal at the instance of the defen..

Category: Intellectual Property Law | Date: | Hits: 224

Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)

....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......egum and Company Ltd……………………………………Petitioner Vs. Rupali Bank and others………………………………………Opposite Parties Judgment June 12, 1994. Lawyers Involved: Nurul Islam Chowdhury, with Md. Khurshid Alam Khan, Advocates-For the Petitione......l application and stating further that amendment to the plaint can be brought at any stage of the suit and that the learned Subordinate Judge allowed the amendment in conformity with the provision of Order 6 rule 17 of the Code of Civil Procedure. 8. Mr. Nurul Islam Chowdhury, learned Advocate fo..

Category: Civil Law | Date: | Hits: 92

Nurul Islam Chowdhury & another Vs. Upazila Revenue Officer, Patiya, Chittagong & others, 1991, 20 CLC (HCD)

....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect. Ed. This Case is also Referred to: 48 DLR (1996) 25. ......€¦Respondents Judgment June 12, 1991. Cases Referred to- Abdul Mannan & others Vs. Kuloda Ranjan Mowali & others, 31 DLR (AD) 195; Abu Bakkar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: S R Pal with M Fazlul Karim, Advocates-For the petitioners. Moulavi Mohammad......f Abdus Samad Choudhury and that the alleged transaction dated 13.12.49 took place long before the promulgation and operation of section 95A of the State Acquisition and Tenancy Act and President’s Order No.88 of 1972 and President’s Order 24 of 1973 and the same does not come within the mischie..

Category: Property Law | Date: | Hits: 91

Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)

....dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ...... Judgment July 21, 1994. Cases Referred To- Shamsuddin Ahmed Vs. Mohd. Hassan and others 31 DLR (AD) 155; Mosammat Rahima Khatun Vs. Abdur Rashid Bhuiyan and another 1984 BCR 520 (AD). Lawyers Involved: S R Karmaker, Advocate-For the petitioner. Miah Abdul Gafur, Advocate-For th......dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ..

Category: Tenancy Law | Date: | Hits: 167

Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)

....f posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the President." 48. Thereafter, by a Martial Law dispensation in the year 1978, Article 116 was again amended as it stands today by promu......ia (1979) 3 SCR 1014; Air India Vs. Nergesh Meerza and others, (1981) 4 SCC, 335; Bachan Singh Vs. State of Punjab, (1982) 3 SCC, 24; Dr. Nurul Islam Vs. Government of Bangladesh, 33 DLR (AD) 201. Lawyers Involved: Dr. Kamal Hossain with Amir‑ul Islam, Abdul Baset Majumder, Subrata Chowdhur......ising judicial functions shall vest in the President." 48. Thereafter, by a Martial Law dispensation in the year 1978, Article 116 was again amended as it stands today by promulgating Proclamation Order No.7 of 1978. 49. There is no dispute that the original Article 116 enacted in the Constitu..

Category: Employment/Service Law | Date: | Hits: 173

Debishahar Agricultural & Fish Farming Co-operative Society Ltd. Vs. Narayan Chandra Swarnakar & others, 1982, 11 CLC (AD)

....der Order 1, rule 10 all further proceeding in the suit could be stayed. That was highly irregular but it seems nobody took the trouble of rectifying the wrong, not even the Government. Then came the Martial Law on 24th March, l982. It ap­pears the plaintiff himself filed an application in the High...... Debishahar Agricultural & Fish Farming Co-operative Society Ltd………....Appellant Vs. Narayan Chandra Swarnakar & others…………..Respondents Judgment March 11, 1982. Lawyers involved: Hamidul Huq Chowdhury, Senior Advocate with A.Y. Mashihuzzaman, Advocate, instr......15-6-66. There after an interesting episode took place. Proforma defendant No.4 Basanta Kumar Swarnakar died on 29-11-72. As his son was not substituted as an heir, the son filed an application under Order 1, rule 10 of the Code of Civil Procedure to be added as a party to the suit. This application..

Category: Procedural Law | Date: | Hits: 68

Bangladesh Vs. M/s. Mashrique Tex­tiles and others, 1982, 11 CLC (AD)

....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......ashrique Tex­tiles and others...........Respondents Judgment May 18, 1982. Cases Referred To- Dhanrajamal Gobindram Vs. Shamji Kalidas and Co., AIR 1961 SC 1285; PLD 1952 Lahore 565. Lawyers Involved: A.W. Bhuiyan, Deputy Attorney-General instructed by A.W. Mian, Advocate-on-Reco...... Kamal Hossain, Senior Advocate, H.R. Sharif Advocate with him instructed by Syed Sakwat Ali, Advocate-on-Record - For the respondent No.1. Civil Appeal No.107 of 1981. (From the Judgment and Order dated November 14, 1980 passed by the High Court Division in First Misc. Appeal No.163 of 1977..

Category: Alternative Dispute Resolution | Date: | Hits: 147

Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)

....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......R 695-696 (PC); 14 ITR (Bom) 298; Jamnadas Prabhudas Vs. Commissioner of Income Tax, Bombay City, 20 ITR (1951) 162; S.G. Mercantile Corporation Limited Vs. Commissioner of Income Tax, 83 ITR 700. Lawyers Involved: Syed Muzaffar Hossain, Advocate, instructed by Md. Aftab Hossain, Advocate-on- ......-on- Record - For the Appellant. Habibul Islam Bhuiyan, Advocate, instruc­ted by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. Civil Appeal No.60 of 1981 (From the Judgment and Order dated 48-1980 passed by the High Court Division in application No. 28 of 1978) Judgment ..

Category: Fiscal/Taxation Law | Date: | Hits: 88

Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)

.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ...... Chowdhury J Shahabuddin Ahmed J Abdul Haque Miah and another..……………Appellants Vs. Abdul Rashid & another………………Respondents Judgment November 10, 1982. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Kazi Ebadul Hoq, Advocate-on-Record - F...... Sharifuddin Chakladar, Advocate-on-Record - For the Respondent No.1. Civil Appeal No. 82 of 1981. (From the judgment and order dated 4th May, 1982 passed by the High Court Division in Civil Order No. 689 of 1981) Judgment Shabuddin Ahmed J.- The question raised in this appeal by spec..

Category: Property Law | Date: | Hits: 72

Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)

....any equita­ble relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......and others….......Appellants Vs. Sultan ® Sultan & others..........Respondents Judgment May 5, 1982. Case Referred To- Local Government Code Vs. Arlidge, 1915 AC 120 (at 138). Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Ad­vocate, instructed by Zinnur Ahmed, Advo......e pleader Commissioner the preliminary decree was made final on 6.6.1975. The trouble begins from here. The respondents on 14.8.1975 an application for review of the final decree dated 6.6.1975 under Order 47, rule with section 151 of the Civil Procedure Code alleging, inter-alia, that they received..

Category: Procedural Law | Date: | Hits: 72

Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)

....e to appeal, namely, C.A. No. 90/81, C.A. 34/82, C.P. No. 30 & 31/82, C.P. No. 9/81 and C.P. 68/82 came up for hearing today, a question common to all of them arose in view of the Proclamation of Martial Law on March 24, 1982. The background against which the Proclamation was made is available f......66 S.C. 1423; Quilter Vs. Mapleson, (1882) 9 Q.B. 672; Sat Vs. Bahal, 53 All 283; Beharilal Vs. Kashari Nandan, A.I.R. 1970 All 201; Dari Kapati Vs. Subbiah, AIR 1957 S.C. 540; AIR 1964 S.C. 489. Lawyers Involved: K. A. Bakr, Attorney-General, with A.W. Bhuiyan, Deputy Attorney-General, instr.................................... c.................................................. d................................................. e. This Proclamation and the Martial Law Regulations and Orders and other Orders and Instructions made by me in pursu­ance thereof shall have the effect not..

Category: Constitutional Law | Date: | Hits: 181

Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)

....scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... Md. Ashraful Kamal J Md. Anowarul Mustakin and another…...........Appellants Vs. The State...….............................................Respondent Judgment April 24, 2011. Lawyers Involved: Not represented- the Appellants. Biswajit Deb Nath, Deputy Attorney General ......asu, Assistant Attorney General -For the Respondents. Criminal Appeal No. 2707 of 1999. Judgment Obaidul Hassan J. - This appeal has been preferred by the appellants against the Judgment and Order of conviction and sentence dated 31st October, 1999 passed by the learned Judge, Special Tribu..

Category: Criminal Law | Date: | Hits: 68