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Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
....h Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Abi Abdullah (Md.) and others……………..Petitioners Vs. Government of Bangladesh represented by the Secretary, Ministry of Land & others..……………………Responden...... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ....... Judgment Fazlur Rahman J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 29-11-94 as contained in Annexure 'E' to the writ petition issued by respondent No.1 sho...... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ..Category: Property Law | Date: | Hits: 99
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
.... Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Abdur Razzaque Zoarder and others…………………………………Petitioners Vs. Government of Bangladesh and others………………………………Respondents. Judgment November 9, 2004. ......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......e declared to have been passed without lawful authority and is of no legal effect and why the respondent Nos. 1 to 5 shall not be directed to withdraw and cancel the same and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. It is the case of the five pe......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ..Category: Employment/Service Law | Date: | Hits: 79
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....ction contending, inter alia, that he purchased the disputed land with the full knowledge of the preemptor and other co-sharers of the disputed jote. The offer for sale of the disputed land was also made to the pre-emptor but he expressed his inability to purchase the same. The pre-emptee, after pur......th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ...... Md. Abdul Haque, Advocate—For the Opposite Party No. 1. Civil Revision No. 1260 of 2003. Judgment Afzal Hossain Ahmed J. - This revisional application is directed against the judgment and order dated 1-2-2003 passed by the learned Joint District Judge, 3rd Court, Mymensingh in Miscellane......th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ..Category: Property Law | Date: | Hits: 91
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
....rul Haque, appearing for the opposite parties, supported the impugned order and opposed the Rule. 10. Heard the learned Advocate, perused the petition, annexure appended thereto and from a plain reading of the impugned order it appears that the learned Joint District Judge as an appellate Court r...... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240.......Islam Chowdhury J. - This Rule at the instance of the plaintiffs as petitioners, was issued under section 115(1) of the Code of Civil Procedure asking the defendant opposite parties to show cause why order No. 63 dated 12-8-2002 passed by the Joint District Judge, 1st Court, Kishoreganj in Title App...... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240...Category: Procedural Law | Date: | Hits: 93
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....the defendant-petitioner from selling in auction the suit materials to anyone else as attempted by the defendant-petitioner by announcing auction sale for the fourth time. The case of the plaintiffs made out in the plaint, in short, is that the plaintiff as a trader of rods, C1 sheets, etc. particip......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......of PWD will be informed by the undersigned, he will have to deposit the rest 90% of his/their quoted amount including 3% of the bid money as income tax within 7(seven) days from date of issue of such order, failing which his/their offer shall be liable for rejection including forfeiture of the secur......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ..Category: Business or Commercial Law | Date: | Hits: 209
Shomurunessa and others Vs. Md. Musa Miah and others, 2005, 34 CLC (HCD)
....ce on the part of the petitioner. I do not find any substance in the Rule. In the result, the Rule is discharged without order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ......ce on the part of the petitioner. I do not find any substance in the Rule. In the result, the Rule is discharged without order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ......s Rule was issued calling upon the opposite party Nos. 1-6 to show cause as to why the delay of 309 days in filing this revisional application should not be condoned and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. None appears to support the Rule. ......ce on the part of the petitioner. I do not find any substance in the Rule. In the result, the Rule is discharged without order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ..Category: Procedural Law | Date: | Hits: 96
Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)
.... fit and proper. 2. Before the issuance of the Rule delay of 29 days was condoned. The plaintiff-opposite party filed the suit for declaration of title and khas possession of the suit land with an additional prayer for partition. The contesting defendant filed written statement denying the plaint......al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227.......te Parties. Civil Revision No. 374 of 1999. Judgment Salma Masud Chowdhury J.- This rule was issued calling upon the opposite parties Nos. 1-4 to show cause as to why the portion of impugned order dated 6-10-98 passed in Title Suit No. 59 of 1996 by the Assistant Judge, Muktagacha Court, My......al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227...Category: Procedural Law | Date: | Hits: 106
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....2 of 1994 for partition. On 9-5-1996, the suit was decreed on contest against defendant Nos. 143, 144 and 232 and ex parte against the rest in the preliminary form. After receipt of the report of the advocate commissioner effecting partition, the preliminary decree was on 25-7-2001 made final. Then,...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224.......ion No. 5242 of 2002. Judgment Md. Abdur Rashid J. - Defendant Nos. 1 to 4 and 6 obtained the Rule upon making a revision application under section 115 of the Code of Civil Procedure against an order dated 27-7-2002 passed by Joint District Judge, Court No.2 at Chandpur in Title Suit No. 12 of...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224...Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....e Court High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Rafique Ullah (Md)………………………………………………..Petitioner Vs. Badsha Alam and others..................................Opposite Parties. Judgment August 30, 2......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......n Bhuiyan with Mohammad Mofazzal Hossain, Advocates—For the Opposite Parties. Civil Revision No. 5491 of 2002. Judgment Sheikh Abdul Awal J.- This Rule is directed against the judgment and order dated 27 6-2002 passed by the learned Additional District Judge, 2nd Court, Noakhali in Miscel......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......kabuliat was executed and registered, being No. 4995 dated 27-5-1992. While they were in possession, the settlement was cancelled by opposite party No. 3 on 5-2-1995. Being aggrieved by the aforesaid order of cancellation, the plaintiff-opposite party filed Other Class Suit No. 31 of 1995 praying fo......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
..... Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......e possession of the plaintiff and, as such, an application was filed on behalf of the plaintiffs praying for an order of temporary injunction, and until hearing of the said application, prayed for ad interim order of injunction. The learned Joint District Judge by his order No. 56 dated 27-2-2005 is......r Ali Khan, Advocates—For the Opposite Parties. Civil Revision No. 1701 of 2005. Judgment Md. Awlad Ali J.- This Rule issued under section 115(4) of the Code of Civil Procedure against the order dated 14-5-2005 passed by the District Judge Chittagong was initially heard by a Division Benc...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
....Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Afil Jute Mills (Pvt) Ltd. and others…………………….......Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Finance and others……… Respondents. Judgmen...... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ...... legislations and cannot be considered as one legislation inasmuch as they were enacted to accomplish two different objectives in that the Bankruptcy Act was enacted to bring about the desired social order and discipline debarring the bankrupts from participating in various important socio-economic ...... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ..Category: Civil Law | Date: | Hits: 125
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
....case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ...... Md. Abu Tariq J. - This Reference under section 374 of the Code of Criminal Procedure and Criminal Appeal No. 649 of 2001 and Criminal Jail Appeal No. 821 of 2001 have arisen out of the judgment and order dated 26-2-2001 passed by the learned Sessions Judge Luxmipur in Sessions Case No. 12 of 1999 ...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ..Category: Criminal Law | Date: | Hits: 96
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Ali Akbar (Md.) ………………………………………………………………..Petitioner Vs. Government of Bangladesh and others……………………………Respondents. Judgment August 13, 2005. La......ed without any lawful authority having no legal effect. Therefore, the petitioner obtained this Rule challenging the impugned Annexure. On the date of issuance of the Rule, the petitioner obtained an interim order staying operation of Annexure-B and C to the Writ Petition. 3. Added respondent No.......ut any lawful authority having no legal effect. Therefore, the petitioner obtained this Rule challenging the impugned Annexure. On the date of issuance of the Rule, the petitioner obtained an interim order staying operation of Annexure-B and C to the Writ Petition. 3. Added respondent No. 5 filed......dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201...Category: Election Law | Date: | Hits: 83
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....posite Parties. Judgment April 18, 2005. Cases Referred to- Amar Kumar Thakur and others Vs. State 1988 BLD (AD) 101 = 40 DLR (AD) 147; Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi being dead his heirs AH Ahmed and others, 33 DLR (AD) 17; Rangaswami Vs. State of Tamil Nadu AIR 1989 (SC) 1......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......itioner. Md. Mujibur Rahman, Advocate—For Opposite Party No. 2. Criminal Revision No. 907 of 2003. Judgment SK Sinha J.- Informant Md. Ziaul Huq Chowdhury obtained this Rule against the order dated 7-6-03 of the Additional Sessions Judge, 3rd Court, Chittagong in Sessions Trial Case No......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... describe those events which involved no human agency and which it was not realistically possible for a human to guard against.……………………..(17) Cases Referred to- The Maritime Trader, Lloyds Law Reports (1981) Vol. 2. page 153; Messrs Sun Line Agencies Ltd Vs. MV Psiloritis and...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......nul Karim, Advocates—For the Plaintiff. Admiralty Suit No. 27 of 2005. Judgment Shamim Hasnain J.-This application has been filed on behalf of thedefendant No. 1, 2 and 15 for vacating the order forarrest of the vessels MV X-Press Manaslu and MVX-Press Resolve dated 18-12 2005 and for rel...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
.... Case is also Reported in: 58 DLR (2006) 176. ......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ...... Industries never granted lease to any of the lessees. The lessees never ever admitted the Ministry of Industries as lessor of said 1-(kha) property. Determination of the value of the property by any order of said Ministry or payment of any money on the basis of such determination must be held to be......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
.....Petitioners Vs. Anwar Hossain and others……………………………….Respondents. Judgment January 28 & 29, 2003. July 14, 2003. Result: The Rules are made absolute without any order as to cost. Cases Referred to- Osman Gani Mondal Vs. Main......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ...... Anwar Hossain and others……………………………….Respondents. Judgment January 28 & 29, 2003. July 14, 2003. Result: The Rules are made absolute without any order as to cost. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others, 2......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....is also Reported in: 58 DLR (2006) 114. ...... being heard. Challenging the order of revocation of his licence of Nikah Registrar, the petitioner obtained this Rule from this Court. On the date of issuance of the Rule, the petitioner obtained an interim order staying operation of Annexure-B till disposal of the Rule. 3. Respondent No. 5 file......Hossain J. - In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order as contained in Memo No. Justice-7/2N-42/2002/1163 dated 19-10-2004 issued under the signature......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......ce. 21. In the case of Saidur Rahman alias Chan Miah and others Vs. State, 40 DLR (AD) 281, the Sessions Judge found the appellants guilty of charge under section 147 of the Penal Code and granted interim bail pending filing of appeal. The High Court Division summarily dismissed the appeal holdin...... relates to the petitioner should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to refrain from taking any action or passing any order against the petitioner or such other or further order or orders passed as to this Court may se......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ..Category: Criminal Law | Date: | Hits: 158
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