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Bulu and others Vs. State, 1992, 21 CLC (HCD)

.... other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ...... for life and to pay fine of Tk. 2,000.00 each, in default, to suffer rigorous imprisonment for one year more in Sessions Case No.11of 1989. All the three appeals arising out of the same judgment and order of conviction and sentence passed by the same court are taken up simultaneously one after anot......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..

Category: Criminal Law | Date: | Hits: 83

Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)

....transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......89 (Jessore) Criminal Appeal No.423 of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the convicted appellant Abdul Khaleque is directed against the judgment and order dated 17.8.89 passed by the Additional Sessions Judge, Jessore in Sessions Case No.1 of 1987 c......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75...

Category: Criminal Law | Date: | Hits: 78

Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)

....itioner Vs. The Administrator of Waqfs……………...........Respondents Judgment November 4, 1992. Cases Referred To- Nuruzzaman Vs. Secretary, Education Department, 17 DLR 46; Nadira Rahman Vs. Amir Hussain, 35 DLR 277; Shoukat Ali Vs. Administrator of Waqf, 29 DLR 276; Makbul......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......nts. Writ Petition No.173 of 1992. Judgment KM Hasan J.- This Rule Nisi obtained under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh is directed against an order dated 14.1.1992 (Annexure 'D') passed the Administrator of Waqfs, excluding Tobarak Sikder fro......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...

Category: Trust/Waqf Law | Date: | Hits: 157

Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)

....execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......the Petitioners. Md. Azizul Huq, Advocate ‑ For the Opposite‑Party. Civil Revision No. 440 of 1985. Judgment Mohammad Gholam Rabbani J.- This Rule is directed against the judgment and order dated 29.5.85 passed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984. ......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323...

Category: Procedural Law | Date: | Hits: 95

Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)

....any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......urdering one Amjad Ali and they were placed on trial before the Additional Sessions Judge, First Court, Sylhet, in Sessions Case No.228 of 1992. The defence plea was of innocence. By the judgment and order dated 27.9.83 under appeal the learned Additional Sessions Judge convicted the accused appella......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ..

Category: Criminal Law | Date: | Hits: 62

Abu Bakkar and and another Vs. Md. Akbar Ali Biswas and others, 1991, 20 CLC (HCD)

....e has considered this matter at length and after hearing the learned Advocates he has rejected this application. 2. The learned Advocate appearing for the present petitioner submits that as their tadbirkar did not take an effective step, the lawyer of the defendant‑petitioners did not appear an...... any error of law occasioning failure of justice in passing the impugned order. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 62. ......Rahman, Advocate – For the Petitioners Civil Order No. 2771 of 1991. Judgment Md. Mozammel Haque J.- This is an application under section 115 of the Code of Civil Procedure challenging the order dated 19.8.90. The petitioner Nos.1 and 2 are the defendants in the suit. They filed an applic...... any error of law occasioning failure of justice in passing the impugned order. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 62. ..

Category: Procedural Law | Date: | Hits: 77

Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)

....to sue afresh. If he is not caught in this position then the bar of order 23 rule 1(3) C.P.C. is not attracted. Order XXIII rule 1(3) C.P.C. does not bar a suit already instituted before the other suit has been abandoned or dismissed. The bar of order XXIII rule 1(......ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ....... The bar of suit can not be attracted. A plaintiff must be seen after actual withdrawal of first suit without obtaining permission to sue afresh. If he is not caught in this position then the bar of order 23 rule 1(3) C.P.C. is not attracted. Order XXIII rule 1(3)......ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ..

Category: Procedural Law | Date: | Hits: 92

Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)

....r is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ...... We will thus conclude that bonuses as in the cases of the appellant‑company are allowable business expenditure within the meaning of section 10(2) of the Act and they shall be allowed as such. The orders of the DCT disallowing such expenditure and those of the learned AJCT confirming them shall t......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..

Category: Fiscal/Taxation Law | Date: | Hits: 171

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

....al on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35.......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....... application under Article 102 of the Constitution prays for issuance of a Rule Nisi upon respondent Nos. 2 and 3 of the Tribunal No.1, Bangladesh Bar Council, Dhaka asking them to show cause why the order dated 13.3.91 (Annexures 1-3 ) passed by the respondent Nos. 2 and 3 should not be declared to......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...

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

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

.... order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ...... 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. ......to return an unanimous verdict, their Lordships entered into dissenting judgment. It is under this circumstances that the matter was placed before the learned Chief Justice for passing an appropriate order and the learned Chief Justice has referred this matter to this Bench for disposal. 2. Facts...... 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)

....an 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‑ the Opposite Parties. Civil Revision ......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. ......ent injunction. In that view of the law I hold that the judgment of the lower appellate 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. ......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)

.... decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ...... 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. ......o. 5096 of 1991 (Dhaka) Judgment Md. Badruzzaman J.- In this Rule, issued on an application under section 115 of the Code of Civil Procedure, the defendant No.1 challenged the legality of the order dated 8.11.1984 passed by the Munsif, 3rd Court, Comilla rejecting his application to vacate t...... 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)

.... lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ...... 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. ......m, Advocate ‑ For the Petitioner. S A M Mahbub Elahi, Advocate ‑ For Respondent Nos. 1‑2. Writ Petition No.1398 of 1988. Judgment Md. Abdul Jalil J.- This rule calls in question the order dated 30.1.86 passed by Chairman, Rural Electrification Board, a statutory corporation putting...... 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)

....hout any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......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. ......justification to do so, Courts should be slow to interfere with the decisions of domestic Tribunals appointed by educational bodies like the Universities. In dealing with the validity of the impugned orders passed by Universities under Article 226 (writ jurisdiction of the Indian Constitution) the H......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)

....d to be within time. He was found to be a contiguous land‑holder. It was also found that he was entitled to the relief of pre‑emption. But for non‑payment of this cost of Taka 200.00 for taking adjournment earlier on 10.4.85 his pre‑emption case was disallowed by the trial Court by its orde......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. ......esented ‑ the Opposite Party. Civil Revision No. 1332 of 1991 (Dhaka) and Civil Revision No. 272 of 1986 (Rangpur). Judgment Abdul Hasib J.- This Rule calls in question the legality of the order dated 20.3.86 passed by the Munsif (now Assistant Judge), Upazilla Court Belkuchi in Miscellan......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. ..

Category: Property Law | Date: | Hits: 75

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

....ite Parties Judgment April 1, 1991. Lawyers Involved: Md. Ruhul Amin, Advocate ‑ For the Opposite Party-Petitioner No. 8. Md. Momtazuddin Ahmed, Advocate ‑ For the Petitioner. Khademul Islam Chowdhury, Advocate ‑ For the Opposite Party No. 1. Civil Revision No.1348 of 1989......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. ......Chowdhury, Advocate ‑ For the Opposite Party No. 1. Civil Revision No.1348 of 1989. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and order dated 22.10.89 passed by Sub‑Judge, Chittagong, in Miscellaneous Appeal No.125 of 1983 rever......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)

....e result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (1996) 28. ......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. ......in 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 defendant is against Judgment and order dated 26.2.94 passed by the Additional District Judge, 3rd Court Dhaka in Title Suit No. 39 of......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. ..

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

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

....�……………………………………Opposite Parties Judgment June 12, 1994. Lawyers Involved: Nurul Islam Chowdhury, with Md. Khurshid Alam Khan, Advocates-For the Petitioner. Badruddin Ahmed, Advocate-For the Opposite party No.1. Civil Revision No. 336 of 1991. Judgment......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. ......of 1991. Judgment Md. Ruhul Amin J.- Defendant Nos.1-4 in Money Suit No.131 of 1987 of the Court of Subordinate Judge, and 1st Commercial Court, Chittagong obtained the present Rule against the order No.54 dated 5.11.1990 passed by the learned Subordinate Judge allowing the plaintiff-opposite-......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. ..

Category: Civil Law | Date: | Hits: 92

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

.... 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 Wahidullah, Advocate-For the Respondent No.2. Writ Petition No. 232 of 1985. Judgment Ma......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. ...... authority and is of no legal effect. 2. Respondent No.2 as the petitioner earlier filed an application on 3.9.84 under section 95A of the State Acquisition and Tenancy Act read with President’s order No.88 of 1982 and President's order No.24 of 1972 for restoration of the mortgaged land compri......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. ..

Category: Property Law | Date: | Hits: 91

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

.... In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ......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. ......o stipulation for adjustment of the same against the due rents. So, considering the provisions of section 14 of the Premises Rent Control Ordinance it was held in that case that in the absence of any order for adjustment under the aforesaid section 14 the same could not be adjusted in a suit for eje......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

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