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Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ......¦Petitioner Vs. Bangladesh……………………….Opposite Party Judgment December 9, 1999. Case Referred To- Begum Lutfunnessa Vs. Nizamuddin Ahmed and others, 40 DLR 232. Lawyers Involved: ABM Mahbub, Advocate, on behalf of Md. Marfat Ali, Advocate—For the Petitione...... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......riminal Appellate Jurisdiction) Present: Gour Gopal Saha J Rowshan Ali (Md.)…………………Appellant Vs. State …………………Respondent Judgment March 7, 2000. Lawyers Involved: Md. Waliul Islam, Advocate—For the Appellant. FKMA Mahbub, Assistant Attor...... on 15-7-91 he was the officer-in- charge of Food Godown, Bera Upazila in the District of Pabna. He stated that on 15-7-91 Officer of the Bureau of Anti-Corruption seized from his office the Delivery Order letter and other relevant papers in connection with the case by preparing seizure list, duly a..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......others………………………….Respondents Judgment August 8, 2000. Cases Referred To- Mustafizur Rahman and 3 others Vs. DG, Anti-Corruption and others, 49 DLR 599; 51 DLR 728. Lawyers Involved: Abdul Malek, Advocate—For the Petitioner. Shahabuddin Ahmad, Deputy Attorn......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497....... Abu Sayeed Ahammed J Md. Ali Asgar Khan J Shamsuddin Ahmed and others...............Petitioner Vs. State and another ..............Opposite Party Judgment April 12, 2000. Lawyers Involved: Amir-ul Islam, Advocate—For the Petitioner. AKM Zahirul Islam, Assistant A......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497...Category: Criminal Law | Date: | Hits: 52
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......R 1944 Allahabad 42; Ambabai Vs. HR Dani, AIR 1948 Nagpur 367; Bhagwan Vs. Ujagar, AIR 1928 PC 20; Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Nainsukhdas Vs. Gowardhandas, AIR 1968 (Nagpur). Lawyers Involved: SN Goswami Advocate—For the Petitioner. Abu Salek with Md. Lokman Hossain,......13 as cited by Mr. Salek. After the decision, I find, the law on usufructuary mortgage has undergone a change on insertion of section 95A in the State Acquisition and Tenancy Act by the President’s Order No.88 of 1972. During the appeal, the plaintiff, Sultan Ahmed died on 18-05-91. The present pe..Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......e Parties. Judgment March 30, 2000. Cases Referred To- Maqbul Ahamed and others Vs. Shoeb Chowdhury and others, 44 DLR 156; Md. Matiur Rahman Vs. Lal Banu Bibi and others, 986 BLD 432. Lawyers Involved: Asad Hossain Chowdhury, Advocate—For the Petitioners. Kh. Saiful Hoque wi......or amendment the impleading the legal representative of deceased defendant by way of the amendment of the plaint. Mr. Chowdhury further submits that the plaintiff has taken resort to the provision of Order VI of the Code of Civil Procedure only to avoid the effect of abatement of the suit. Mr. Asad ..Category: Property Law | Date: | Hits: 71
Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)
....d to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456.......hairman Court of Settlement and others ……………………Respondents Judgment August 11, 1999. Case Referred To- Chand Miah Talukder Vs. Chairman Court of Settlement, 45 DLR 304. Lawyers Involved: Md. Azizul Hoque, Advocate—For the Petitioner. Obaidur Rahman Mostafa, Dep......d to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456...Category: Procedural Law | Date: | Hits: 92
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453........Petitioner Vs. Ainunnahar……………………….Opposite Party. Judgment June 24, 1999. Case Referred to- Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 43 DLR 543. Lawyers Involved: Lucky for Mashuque Hossain Ahmed, Advocates—For the Petitioner. Farida Beg......e Family Court. 11. On conspectus, the inevitable conclusion that flows is that the Rule having been absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453..Category: Procedural Law | Date: | Hits: 67
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......lam J SAN Mominur Rahman J Mukta Biri Factory Ltd. ……………………Petitioner Vs. Commissioner of Taxes ………………….Opposite Party Judgment December 9, 1999. Lawyers involved: AFM Ferojuddin Bhuiyan, Advocate—For the Applicant. Dabiruddin Ahmed, Depu......elay and reasons of satisfaction and non satisfaction ought to have been recorded by him in the order but it appears that no such reasons have been recorded by the Commissioner Taxes (Appeal) and the Order dated 9.2.93 does not show if any opportunity was given to the assessee to explain the delay. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ......ent: Gour Gopal Saha J Matiur Rahman Bepari ………………………Petitioner Vs. Wazuddin Bepari & others………………..Opposite Parties. Judgment November 2, 1999. Lawyers Involved: Md. Azizul Hoque, Advocate—For the Petitioner. No one—For the Opposite P......il Revision No. 2138 of 1991. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 16-6-91 passed by the Subordinate Judge, 2nd Court, Dhaka allowing the application under Order 41 rule 5 read with section 151 of the Code of Civil Procedure. Title Appeal No.226 of 1981 wa..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......licant Vs. Commissioner of Taxes………………………………Respondent Judgment March 12, 2000. Cases Referred To- 29 ITR 30, 51 ITR (SC) 557, 145 ITR 225 and 55 ITR 630. Lawyers Involved: MA Noor Advocate—For the Applicant. Dabiruddin Ahmed, Deputy Attorney Gene......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......AN Mominur Rahman J Bibi Zarina and others…………………Petitioners Vs. Government of Bangladesh and others………………………Respondents Judgment December 10, 1998. Lawyers Involved: Miah Abdul Gafur with Md. Faruque Ahmed, Advocate—For the petitioner. Obai......8 of 1994 without arriving at a positive finding as to whether the claimants were actually in physical possession of the property on the fateful days, that is 28th of February 1972 when President’s Order 16 of 1972 us promulgated and thus the impugned judgment suffers from patent illegality and he..Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......s Vs. Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others, 40 DLR (AD) 56; Dr. Syed Matiur Rob being dead his heirs Shainsun Nahar & others on Bangladesh and others, 42 DLR (AD) 12. Lawyers Involved: Dr. Rafiqur Rahman with MA Baqui Ismail and Sirajur Rahman, Advocates—For the......ger, Regional Manager and Managing Director of Bangladesh Krishi Bank. The plaintiff is a private limited company and the defendants are the officials of a Bank which is the creature of President’s Order 27 of 1972. 3. The plaintiffs case in short is that for the purpose of extending and improv..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..........Respondent (In Civil Appeal No. 151 of 2001) Judgment August 11, 2003. Result: The Civil Appeal No. 95 of 2001 is dismissed and Civil Appeal No. 151 of 2001 is allowed in part. Lawyers Involved: A. K. M. Nazrul Islam, Senior Advocate, instructed by A.S.M. Khalequzzaman, Ad...... by the Government to BSRS under the respective line of credÂit, in the instant case being 4% above the Bank rate subject to minimum 14.5% under Saudi Grant II and wrongÂly holding that BSRS Office Order No. 56/82 dated 19.9.82 envisaged 1% less interest. 11. Because the High Court Division co..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......cretary of State Vs. Mask & Co. AIR 1940 (PC) 105 (67 IA 222); Zafar-Ul-Ahsan Vs. The Republic of Pakistan, PLD 1960 (SC) 113, State Vs. Abdul Wahab Shah Chowdhury and other, 51 DLR (AD) 242. Lawyers Involved: Fida M. Kamal, Attorney General, (Zahirul Islam Mukul, Deputy Attorney General......apply only to the trial court, therefore, cannot be sustained. The restrictions obviously apply and were intended to apply to the High Court Division to which appeal lies from convictions under these Orders.......................that the provisions of the said two Articles are very extraordinary and..Category: Criminal Law | Date: | Hits: 100
.... costs. The impugned order of the reÂspondent No. 1 is declared to have been passed withÂout any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
......al Manager (West) Bangladesh Railway & other.................Petitioners
Vs.
The Chairman, Labour Court, Rajshahi & another...............Respondent
Judgment
September 3, 1986.
Lawyers Involved:
Md. Aftab Hossain, Advocate - For the Petitioners.
Not Represented - the Res...... costs. The impugned order of the reÂspondent No. 1 is declared to have been passed withÂout any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
..
Category: Labour and Industrial Law | Date: | Hits: 170
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......nal Jurisdiction) Present: Md. Abdur Rashid J Eser Ali Sheikh (Md.) ………..Petitioner Vs. Md. Mokarram Ali and others ……….Opposite Parties. Judgment March 15, 2001. Lawyers Involved: Mir Mokhlesur Rahman with Nasrin Parvin, Advocates—for the Petitioner Md. ......decree. 19. In the result, the Rule is discharged. No order as to costs. The impugned judgment and decree modifying those of the trial Court and decreeing the suit as prayed for are hereby upheld. Order of stay issued at the time of issue of the Rule on 23-7-97 staying all further proceedings of ..Category: Property Law | Date: | Hits: 91
.... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610.........Petitioners
Vs.
Hamida Bawa Shamsul Sheikh and others………Opposite Parties.
Judgment
May 30, 2001.
Case Referred To-
Sunahar Ali Vs. Mohammed Akuali, PLD 1957, Dhaka, 603.
Lawyers Involved:
Md. Muzaffar Hossain with Md. Azizul Islam, Advocates—For the Petitioners.
...... was decreed ex parte on 2-2-86. On 24-4-86 said Ismail Sheikh died leaving the opposite parties as his heirs and legal representatives. Before his death, he unsuccessfully moved an application under Order 9 rule 13 of the Code being Miscellaneous Case No. 103 for setting aside the ex parte decrees ..
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......…Petitioner Vs. Md. Abdul Halim and others …………Opposite Parties. Judgment May 20, 2001. Case Referred To- Roy Charan Das Vs. Santosh Kumar Das and others, 22 DLR 790. Lawyers Involved: Faridul Alam Chowdhury, Advocate—the Petitioner. Not represented— the Op......es. Civil Revision No. 166 of 1992. Judgment Faruque Ahmed J.- This Rule at the instance of the defendant petitioner was issued calling upon the opposite, parties to show cause as to why the Order No. dated 28-8-91 passed by the learned Subordinate Judge, 1st Court, Chittagong Sadar in Misc..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ...... Chittagong Port Authority and Others.........Respondents. Judgment June 4, 2001. Case Referred To- Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others 39 DLR (AD) 85. Lawyers Involved: Dr. Rafiqur Rahman with Sirajur Rahman, Advocates—For the Petitioner. Syed...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ..Category: Others | Date: | Hits: 153
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