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Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)

....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......98. Judgment AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, the petitioners challenge the correctness of a decision recorded by the learned Subordinate Judge in refusing to vacate an order staying a Small Causes Court Execution Case whereupon Rule was ..

Category: Civil Law | Date: | Hits: 66

Engineer Consultants and Associates Ltd. Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....in favour of the applicant. Accordingly this reference is answered in the negative and the parties are left to bear their own costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 170.......this reference is answered in the negative and the parties are left to bear their own costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 170.......in favour of the applicant. Accordingly this reference is answered in the negative and the parties are left to bear their own costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 170...

Category: Fiscal/Taxation Law | Date: | Hits: 65

Ahsan Ullah (Md) Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice and others, 1998, 27 CLC (HCD)

.... The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 168.......he learned Assistant Attorney-General, on behalf of the respondent, be kept with the record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 168....... The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 168...

Category: Employment/Service Law | Date: | Hits: 76

Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)

....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......ties. Civil Revision No. 1434 of 1999. Judgment Qazi Shafiuddin J .-This Rule is directed against the judgment and decree dated 24-3-1999 and 1-4-1999 respectively passed by the Subordinate Judge, 2nd Court, Narshingdi in Title Appeal No. 6 of 1998 affirming the judgment and decree dated 2..

Category: Property Law | Date: | Hits: 23

Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)

....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......- This Rule was issued calling upon the opposite parties Nos.1 and 2 to show cause as to why the impugned Judgment and decree dated 11-7-1994 and 18-7-1994 respectively passed by the learned District Judge, Chandpur, in Title Appeal No.176 of 1990 allowing the appeal on contest reversing those dated..

Category: Property Law | Date: | Hits: 33

Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)

.... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ...... under section 447/302/34 of the Penal Code against the petitioner and Abdul Ahad and Alim Uddin. The case was then sent to Sessions Court for trial and ultimately to the Court of Additional Sessions Judge, Sunamganj, took up the case for trial and framed charge against the petitioner and other accu..

Category: Criminal Law | Date: | Hits: 33

Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)

....ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......No.5043 of 2004 by the High Court Division discharging the Rule and thereby upholding the judgment and decree dated 05.06.2004 passed in Title Appeal No.210 of 2001 by the learned Additional District Judge, 3rd Court Comilla, in dismissing the appeal affirming the judgment and decree dated 05.07.200..

Category: Property Law | Date: | Hits: 31

Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)

....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......For the Oppo­site Party Nos. 1-15. Civil Revision No. 50 of 1986. Judgment Mahmudul Amin Chowdhury J.- This Rule is directed against the order dated 21.1.1986 passed by the learned District Judge, Comilla, in Miscellaneous Appeal No. 24 of 1985. The learned District Judge by the said order..

Category: Procedural Law | Date: | Hits: 95

Mrs. Tahera Islam Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1987, 16 CLC (HCD)

.... Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compli­ance. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 193.......extraneous grounds were served which were all vague and indefinite. The non­payment of loan was not a prejudicial act at all and the detention was made illegally and in violation of section 3 of the Special Powers Act because the de­tention was made not at all to prevent from doing any prejudicial......sed loan by the Bank the costs of project increased and the project could not be started in due time. In the mean time the Bank started Miscellaneous Case No. 43 of 1985, in the Court of the District Judge, Sylhet for recovery of the loan dues. On 24.2.87 the petitioner's husband was arrested and br..

Category: Banking Law | Date: | Hits: 151

Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)

....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......owlader and No. 6 Hanif @ Md. Hanif were convicted under sections 395/397 of the Penal Code and sentenced to suffer rigorous imprison­ment for 75 years each by Mr. D.N. Chanda, Addi­tional Sessions Judge, 2nd Court, Patuakhali in Sessions Case No. 27 of 1980 by his judgment and order dated 5.4.84...

Category: Criminal Law | Date: | Hits: 49

State Vs. MA Monir & Others, 1987, 16 CLC (HCD)

....ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......blishing a letter to the Editor captioned “পেশকারের পেশী” in the issue of the Daily Inquilab at page 5 of the 12th June, 1986 containing scandalous allegations against the Judges. as a class and the Bench Officers of the Judges as a class, thus undermining the dignity and..

Category: Criminal Law | Date: | Hits: 35

Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)

....e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......25 of the Penal Code and sentenced to suffer rigorous imprisonment for 4 years and also to pay a fine of Taka 1,000/- in default to suffer rigorous im­prisonment for 6 months by the learned Sessions Judge, Jhalakati on 8.6.85 in Sessions Case No. 17 of 1985. 2. The prosecution case as started in..

Category: Criminal Law | Date: | Hits: 93

Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)

....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......ttachment by virtue of Section 64 C.P.C. then it cannot be said that he has acquired any inter­est adverse to the bank in the property. He is, there­fore, not guilty of any professional misconduct. Specially Clause (I) of Chapter II is inapplicable to him. 13. It is difficult to uphold the afor......ashid, an Advocate of erst­while Mymensingh bar and later of Jamalpur bar was the legal advisor of Pubali Bank and he used to file and conduct all suits of Jamalpur area in the Courts of Subordinate Judges at Mymensingh on behalf of the said bank. In 1979 upon the instruction of P.W.2 Sk. Nowsher A..

Category: Others | Date: | Hits: 72

Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)

....ke out any case for reception of addi­tional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......ied copy of the judgment and decree of the High Court Division on 8.12.82 and received it on 13.3.83, i.e., after 96 days. Within the period of limitation the petitioners preferred Civil Petition for Special Leave to Appeal No.246 of 1983 on 11.5.83 before the Appellate Division against the judgment......set aside after review under Order 47, rule 1. C.P.C. 2. The above First Appeal arose out of a parti­tion suit being Title Suit No. 29 of 1966 instituted on 2.1.64 in the 5lh Court of Subordinate Judge, Dhaka. 3. The plaintiff Nos. 1 and 2 are the sons and the plaintiff No. 3 is the daughter..

Category: Property Law | Date: | Hits: 29

Asgar Ali & others Vs. Additional Deputy Commis­sioner, Khulna & others, 1987, 16 CLC (HCD)

....or had abandoned their property, but some greedy persons taking advan­tage of the helpless condition of the widow had been trying to grab the property and on wrong reports de­fendant No. 2, the Sub-Divisional Officer (Sadar), Khulna declared the property as abandoned property, in Case No. 33/74-75...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......y. Civil Revision No. 45 of 1987. Judgment Anwarul Huq Chowdhury J. - This Rule arises out of an application under sec­tion 115 of the Code of Civil Procedure and is direct­ed against the Judgement and decree dated 28.12.1983 passed by the learned Additional District Judge, 2nd Court, Kh..

Category: Property Law | Date: | Hits: 36

Belal Ahmed Vs. State, 1987, 16 CLC (HCD)

....liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ......liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ...... Judgment Qazi Shafi Uddin J.- This is an application under section 439 of the Code of Criminal Procedure directed against the judg­ment and order dated 15.4.85 passed by Mr. A. Hamid, Sessions Judge, Sylhet in Criminal Appeal No. 30/ III of 1984 affirming those dated 25.7.84 passed by Mr. N.C..

Category: Criminal Law | Date: | Hits: 38

Government of Bangladesh and others Vs. Md. Shahinoor Bari and others, 2010, 39 CLC (AD)

....no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ..

Category: Employment/Service Law | Date: | Hits: 86

Kamaluddin Ahmed Sarwar alias Alhaj Kamaluddin Sarwar being dead his heirs Hasina Banu and others Vs. Mohammad Shahjahan and another, 2010, 39 CLC (AD)

....d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 421. ......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 421. ......The summons of the suit was served upon the defendant, but he did not turn up and ultimately the learned Assistant judge took up the suit for ex parte hearing on 15th May, 2000. The learned Assistant Judge recorded the evidence of the plaintiff but dismissed the suit on the reasonings that the plain..

Category: Procedural Law | Date: | Hits: 68

Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......24. We have been hearing off and on by the admonition of persons sitting at the helm of affairs saying; a very strong tendency to create adverse opinion about the highest court of the country and its Judges who have no option but to declare the order of detention illegal where high sounding words in..

Category: Criminal Law | Date: | Hits: 45

SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)

....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......J.- This Rule was obtained by the preemptor upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 31-03-99 passed by Additional District Judge, Fifth Court at Dhaka in Miscellaneous Appeal No. 223 of 1996 affirming those dated 12-10-96 p..

Category: Property Law | Date: | Hits: 39