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Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)

....Md)........................ Petitioner Vs. Motasim Ali Chowdhury………………….Opposite Party Judgment April 20, 2000. Lawyers Involved: Md. Waliur Reza Chowdhury, Advocate—For the Petitioner. Md. Hannan with Md. Mainul Islam and AB Showkat Ali, Advocates—For th......ugh a learned Advocate Commissioner and report was submitted by learned Advocate Commissioner. 7. Learned Assistant Judge on 3-6-1989 recorded order that the said report would be considered at the time of disposal of suit and fixed 18-6-1989 for peremptory hearing. 8. Plaintiff opposite party ......f facts except that sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a suit being Title suit No.326 of 1982 in First Court of Munsif, Dhaka for declaration of title and recovery of Khas possession with respect to property described in schedule to the plaint. The said s......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ..

Category: Property Law | Date: | Hits: 27

Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)

....Executive Engineer & others……………Opposite Parties Judgment January 26, 2000. Lawyers Involved: Syed Ziaul Karim, with Md Salauddin Talukder and Syeda Maimuna Begum, Advocates—for the Petitioner. A Hasib with MA Tariq, Advocates—for the Opposite Parties. Civil......ions could not have been disposed of in the absence of other contesting defendants-opposite parties; at least, the petition of compromise could have been kept with the record for consideration at the time of hearing of the Civil Revision Petitions. 13. Now coming to a vital aspect of the matter w......therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ..

Category: Property Law | Date: | Hits: 21

Deputy Commissioner and Chairman, District Fisheries Tender Committees & others Vs. Md. Aswab Ali and others, 2000, 29 CLC (HCD)

.... (AD) 11; Momtazuddin and another Vs. Yakub Ali 46 DLR (AD) 13 and Additional Deputy Commissioner (Revenue) Vs. Md Khairullah and another 49 DLR 472. Lawyers Involved: Dr. AKM Ali with AB Showkat Ali, Advocates — For the Opposite Parties. Bhivash Chandra Biswas, Assistant Attorney-Genera......arned District Judge also took into account legal aspect of the matter. Learned District Judge took the view that higher courts took and take lenient view in condoning delay of cases of Government as time is consumed by Government functionaries in presenting appeal. Learned District Judge also found......costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183.......costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183...

Category: Limitation Law | Date: | Hits: 152

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....ction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143....... taxes, WASA, Electric and Gas bills regularly and has constructed a double storied building thereon running there a diagnostic and consultation complex under the name and style PEACY LAB. 14. Sometime in May 2007 it was discov­ered by the plaintiff that the total compact land within the boundar......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...

Category: Property Law | Date: | Hits: 44

Anti-Corruption Commission and others Vs. Md. Obaidul Karim and others, 2010, 39 CLC (AD)

....before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 159. ......to suffer rigorous imprisonment for 2 (two) years more. But on his application, the High Court Division in spite of the petitioner being a fugitive passed the following order on 4-12-2008: "At the time of hearing of the Rule, Mr. Shamsuddin Chowdhury appearing with Ms Saira Firoz, the learned Adv......1 is directed to surrender before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 159. ......1 is directed to surrender before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 159. ..

Category: Anti-Corruption Laws | Date: | Hits: 266

Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)

....nce in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......d was filed in the Court of Appeal below by which the disputed land was given pattan to the predecessor-in-interest of the plaintiff by the original owner nor the supplementary affidavit filed at the time of hearing of the aforesaid civil revision, containing the certified copy of the aforesaid regi......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ..

Category: Property Law | Date: | Hits: 28

Sree Jibon Sharma Vs. Sreemoti Subasini Sharma and another, 2010, 39 CLC (AD)

....ance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ...... in marriage with defendant and out of their wedlock the plaintiff No.2 was born. Few days after the birth of plaintiff No.2 the defendant stopped the maintenance of the plaintiffs and married second time violating the customs of Hindu religion. A salish was held over the matter but the same was end...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ..

Category: Family Law | Date: | Hits: 182

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....ted in: 55 DLR (2003) 332. ......as Mr. Justice Md Ruhul Amin. It is stated that when the office of two judges of the Appellate Division fell vacant the Government did not take immediate steps to fill up the same. It waited for some time and subsequently, decided to supersede Mr. Justice KM Hasan and Mr. Justice Syed JR Mudassir Ho...... and day out during the tenure of their office. In view of our aforesaid discussions, the application is summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 332. ...... and day out during the tenure of their office. In view of our aforesaid discussions, the application is summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 332. ..

Category: Constitutional Law | Date: | Hits: 126

Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....o- Mohammad Idrish Vs. East Pakistan Timber Merchants Group, Registrar of Joint Stock Companies, East Pakistan, 20 DLR (SC) 355 & A Ghafur, General Secretary, Bangladesh Bus Truck Owners Association, Motijheel, Dhaka Vs. Bangladesh and others 38 DLR 422. Lawyers Involved: Moudud Ahmed,......s of a registered trade organisation shall be subject to the control of the Director and the affairs of such trade organisation shall be managed and conducted in such manner as the Director may, from time to time, direct. (2) Notwithstanding anything contained in any law for the time being in for......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ..

Category: Business or Commercial Law | Date: | Hits: 204

Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)

....LR (2001) 176. ...... judicata. The trial Court further noticed that though there was no Case made out in the written objection but in evidence the opposite party tried to make out a Case of estoppel alleging that at the time of transfer, the pre-emptors made the negotiation. The trial Court noticed that in the absence ......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ..

Category: Property Law | Date: | Hits: 31

Hasmat Ali Vs. State, 2001, 30 CLC (HCD)

....iction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......ical torture after prolonged and illegal detention in the police custody beyond the period of 24 hours without any order of remand, more so when the same was retracted by the convict-appellant at the time when he was examined under section 342 of the Code of Criminal Procedure. The learned Advocates......ccurrence house and found his deceased daughter lying in the south facing north viti hut of the convict appellant covered by a bed sheet and on seeing the face of his deceased daughter fainted. After recovery of his senses he found various grievous injuries on the dead body of his deceased daughter.......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ..

Category: Criminal Law | Date: | Hits: 27

Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)

....Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ......with a Non Government Organisation. These appellants are engaged in a conspiracy to misappropriate the funds of Sheba Telecom Limited and wanted to wind up the respondent No.1 Company. The respondent time and again requested the appellants to call a General Meeting of the company and issued a notice...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ..

Category: Business or Commercial Law | Date: | Hits: 207

Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)

....R (2001) 155. ......য়?” the said article was also published making similar allegations against the learned public prosecutor Mr. Qamrul Islam and the Investigating Agencies specifically pointing out that in the meantime Kamal, only eye-witness has been assassinated on 16th August at Tejgaon. It may be pointed out ......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ..

Category: Criminal Law | Date: | Hits: 189

Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)

.... Md. Osman Gani Vs. Mst Kulsum Bibi and others 37DLR (AD) 63; Yousuf and Brothers Vs. Mirza Mohammad Mahdi Pooya and another 16 DLR (SC) 619. Lawyers Involved: Mohammad Ali Khan, Advocate—For the Petitioner. Md Khurshid Alam Khan, Advocate—For the Opposite Party. C......st plaintiff was married to First defendant through a registered Nikah Nama dated 5-12-1987. Dower money of Taka 50,001.00 was fixed out of which Taka 6,001.00 had been paid to First plaintiff at the time of marriage and the rest amount of Taka 22000.00 as prompt dower was to be paid on demand by Fi...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ..

Category: Family Law | Date: | Hits: 152

Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)

....na Wazed……………Respondent Judgment October 24, 2000. Cases Referred To- Sir Edward Snelson Vs. Judges of the High Court, PLD 1961 (SC) 237; MH Kharidakar Vs. the State, 18 DLR (SC) 124; Habibul Islam Bhuiyan, 51 DLR (AD) 68; MH Beg, CJ Vs. R Krishna Ayar, AIR 1978...... be contumacious.” It is further argued from the Bar that if the aforesaid statement of the Prime Minister made earlier in 1999 is compared with that of the present one, it appears to be 100 times more derogatory and contemptuous. Showing total disrespect to the observations made by the App...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ..

Category: Criminal Law | Date: | Hits: 49

Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)

....Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Choudhury J Tarun Karmaker……….Petitioner Vs. State and ors………….Respondents Judgment December 12, 2000. Case Referred T...... Court martial or Commissioners respectively; (e) that a prisoner within such limits be removed from one custody to another for the purpose of trial; and (2) The Supreme Court may, from time to time, frame rules to regulate the procedure in Cases under this section. (3) Nothing ......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ..

Category: Criminal Law | Date: | Hits: 33

Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)

....f this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......ine or not. Instead, the appellate Court below disbelieved the same and dismissed the miscellaneous Case. It also appears that the Court below has also found that the miscellaneous Case was barred by time by 2 months and 20 days. On these two counts the appellate Court below dismissed the miscellane......f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ..

Category: Property Law | Date: | Hits: 29

Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)

....red To- Nesar Ahmed also known as Babul Vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali 49 DLR (AD) 111. Lawyers Involved: Nitai Roy Chowdhury, Advocate—For the Petitioners. Md. Oziullah, Advocate—For Respondent Nos.4-7. AM Aminudd......hen they met with the aforesaid 4(four) businessmen who came from India on 9-4-96. They were informed by them that their (the said four persons’) goods had not been released till then as in the meantime BDR personnel came to the spot and seized the aforesaid goods on the basis of false and baseles......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ..

Category: Criminal Law | Date: | Hits: 101

Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)

.... Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......ction is vague and there is no mention of the amount mis-appropriated and the materials alleged to have been taken by the appellant from the Family Planning Office as per indent. There is no date and time of misappropriation. It further appears that the charge sheet was submitted by one Abul Hossain......arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ..

Category: Criminal Law | Date: | Hits: 42

Morshed (Md) @ Morshed @ Md. Morshed Alam Vs. State, 2000, 29 CLC (HCD)

....ing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ......to enter into the house of the informant and to come out from that house. So, we find that China Begum is the only witness who saw the accused to enter into the house of the informant at the relevant time. This China Begum has been examined as PW 7 but she has stated that she does not remember the d......lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ......lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ..

Category: Criminal Law | Date: | Hits: 38