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

....32 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 Miscellaneous Case No. 26 of 1985 rejecting a Review Petition und...... 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. ......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. ......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 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 reversing the Judgment and order dated 20.......c. 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. ......l 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. ......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)

....l 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 1993 allowing prayer for temporary injunction restrai......erefore, 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. ...... 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. ......udgment June 6, 1994. Cases Referred To- Iron‑Ox Remedy Co. Ltd Vs. Co‑Operative Wholesale 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. Lawy..

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

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

.... Badruddin Ahmed, Advocate-For the Opposite party No.1. Civil Revision No. 336 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 ...... 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. ......ose 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. ......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)

....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. ......gned 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. ......er 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. ......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)

.... Civil Revision No. 9802 of 1991. Judgment Kazi Ebadul Hoque J. - This rule at the instance of the plaintiff-petitioner is against judgment and decree dated 19.11.91 passed by the Assistant Judge, 3rd Court, Dhaka in Small Cause Court Suit No.3 of 1991 dismissing the suit for ejectment. ......ge 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. ......fusing 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. ......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)

....hman, Advocate-For the respondent No.2. Writ Petition No.1778 of 1994. Judgment Naimuddin Ahmed J. - By this application under section 102 of the Constitution the promotion of three District Judges, one of whom was acting as member, Administrative Tribunal, Dhaka as joint secretary in the M......Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......igh Court Division (Special original jurisdiction) Present: Naimuddin Ahmed J Md. Rahul Amin J Aftab Uddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republ..

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

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

....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 was rejected by the learned Subordinate Judge on 22-6-74. Thereafter a revisional application was filed being Civil Revision No.1110 of 1974......st the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 98. ......overnment is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 98. ......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 98. ..

Category: Procedural Law | Date: | Hits: 68

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

....out of First Misc. Appeal No.163 of 1977 decided by a Bench of the High Court Division on November 14, 1980. 2. Respondent No.1 instituted Title Suit No.104 of 1974 in the court of 3rd Subordinate Judge, Dacca for filing the arbitration agreement under section 20 of the Arbitration Act. There was......t 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. ......reement 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. ......n: 35 DLR (AD) (1983) 66. ..

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

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

.... Taxes which has been illegally affir­med by the Tribunal, is not based on any evidence or materials, but it is based on conjecture and surmise. The learn­ed Counsel also submitted that the learned Judges of the High Court Divi­sion failed to appreciate the question raised by the assessee and err......e 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.......estion 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.......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...

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

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

....ccrued otherwise than by purchase, that is, by inheritance. The learned Munsif, therefore, by his order dated 20 June 1979 dismissed the application for pre-emption. On appeal the learned Subordinate Judge reversed the finding in respect of the pre emptees position holding them to be co-sharers by p......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. ...... 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. ...... 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. ..

Category: Property Law | Date: | Hits: 72

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

....ure for review of the final decree. 2. The learned Munsif after hearing the parties dismissed the petition. Thereafter, the defendants moved the High Court Division in revision. The learned Single Judge took the view that though the learned Munsif No.29 dated 27.5.1975 fixed the date on 6.6.1975 ......ny 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. ......a­ble 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. ......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. ..

Category: Procedural Law | Date: | Hits: 72

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

....egula­tions, By-laws, Notifications and other legal instruments in force on the 24th March, 1982 shall continue to remain in force as long as they are not repealed, revoked or amended; fourthly, the Judges of the Supreme Court including the Chief Justice, Attorney-General and others in the Service ...... filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......rted in: 35 DLR (1983) 1. ..

Category: Constitutional Law | Date: | Hits: 181

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

....7 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 Tribunal No.4, Rajshahi in Special Tribunal Case No.15/99 convicting the appellants u......charged 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: ......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: ......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: ..

Category: Criminal Law | Date: | Hits: 68

Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)

....d in the circums­tances of the case the Tribunal is justified in law to hold that provision of section 30(1) of the Act applied and in reopening the assessment already completed". 5. The learned Judges of the High Court Division answered the question in the affir­mative, rejecting the contenti......uestion correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ..

Category: Fiscal/Taxation Law | Date: | Hits: 77

Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)

....ppeal by special leave arises out of a judgment pas­sed by the High Court Division in Civil Re­vision No. 1177 of 1976 discharging the Rule and upholding the judgment and order of the Subordinate Judge rejecting the prayer of the appellant for hearing of the Miscellaneous Case under Order 9, r......with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......ts. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..

Category: Procedural Law | Date: | Hits: 80

Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh Vs. Siddique Ahmed, 1977, 6 CLC (AD)

....s appeal stands on a very narrow compass. We are concerned with only one accused-respondent, Siddique Ahmed. The respondent along with 12 others was put on trial before the 1st Additional Sessions Judge, Sylhet to answer charges under sec­tions 302, 307/302/149 and 148 of the Penal Code. The tri......d. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ......he sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ......preme Court Appellate Division (Criminal) Present: Syed AB Mahmud Hussain CJ Kemaluddin Hossain J Fazle Munim J Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh........Appellant Vs. Siddique Ahmed.........Respondent Judgment December 6,..

Category: Criminal Law | Date: | Hits: 74

Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......e find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......ellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Chittagong Container Transportation Company...................Petitioner Vs. Bangladesh and others......................................................Respondents Judgment ..

Category: Property Law | Date: | Hits: 126

Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)

....and compensation. 4. The facts leading to the filing of this appeal are that Alhaj Sadequr Rahman Chowdhury instituted a suit being Other Suit No.121 of 1988 in the Court of First Senior Assistant Judge, Sadar, Chittagong, praying for a decree for ejectment and compensation against M/s. Anupam Tr...... is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......issed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......omulgating the Ordinance has been clearly stated in the preamble of the Ordinance. It is said "whereas it is expedient to make better provisions for the control of rent of premises in (East Pakistan) Bangladesh." This pre­amble speaks of protection of the poor tenants from being harassed in the han..

Category: Tenancy Law | Date: | Hits: 210

Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)

....be fraudu­lent and void, but the first appellate Court reversed the finding and held that earlier decree was based on a genuine compromise and was a valid decree. On second appeal the learned Single Judge of the High Court, reversed both the findings of the first Court of appeal below and set aside......ellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......ourt, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ...... Not Represented—Respondents 2 (a) to 2(A). Civil Petition for Special Leave to Appeal No. 189 of 1977 (From the Judgment and Decree dated the 18th April,1977 passed by the High Court of Bangladesh in S.A No. 1050 of 1965) Judgment Kemaluddin Hossain J.- Defendants are the peti­t..

Category: Property Law | Date: | Hits: 63