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Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....d. This Case is also Reported in: 52 DLR (2000) 434. ......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. ...... (AD) 56, it was held that if the adverse finding actually the decision of the suit and forms a fundamental part of the decree, then it will operate as res judicata. But adverse finding interlocutory order will not operate as res judicata, if made incidentally. 24. In the case of Dr. Syed Matiur ......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. ..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......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. ......hat rate of interest shall be at 1% less for the industries located in less developed areas. The plaintiff claimed that BSRS also made the incentives applicable to all the borrowers by its office order dated 19,9.82 but the BSRS continued to recover interest from the plaintiff as fixed in the lo......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. ..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
.... Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......arties this court granted leave to consider the submission that during the subsistence of Emergency period the High Court Division could not entertain the application for bail far less passing any ad-interim order as there is a complete bar under Rule 19(gha) of the Jaruri Khamota Bidhimala, 2007 wh......m, Advocate with him) instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-5. Criminal Appeal No. 65 of 2007. (From the judgment and order dated 22.04.2007 passed by the High Court Division in Criminal Miscellaneous Case No. 3875 of ......s, in short, is that they are permanent and law abiding citizens of Bangladesh and come of respectable families of their locality 'who surrendered before the High Court Division on an application for anticipatory bail. The respondent No.1 is a businessman and deals in fuel business having trade lice..Category: Criminal Law | Date: | Hits: 100
....f no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
...... costs. The impugned order of the respondent No. 1 is declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
......of 1986
Judgment
Amin-Ur-Rahman Khan J.- The Rule, arising out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh as revived, is directed against the order dated 28.5.85 passed by the Respondent No. 1 namely the Chairman, Labour Court, Rajshahi in ...... costs. The impugned order of the respondent No. 1 is declared to have been passed without 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)
....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. Asaduzzaman Advocate- For the opposite Party No. 1 AFM Zubair, Advocate- for the Opposite Parties 2 an...... 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. ...... the balance of the consideration in writing in presence of witnesses. 3. It is further stated that some persons having no interest in the said land instituted Title Suit No.626 of 1979 and got an order of temporary injunction restraining said Sharijan Nessa from making any transfer. Sharijan Nes...... 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. ..Category: Property Law | Date: | Hits: 91
....was sent back on remand to the trial Court for fresh trial. Against that order of remand the petitioners obtained a Rule in Civil Revision No. 747 of 1994 and this Division by its order dated 6-1-98 made the Rule absolute and set aside the orders of remand.
3. On 25-3-87 opposite parties also ins...... 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.......3859 of 2000.
Judgment
Md. Abdur Rashid J.- This Rule was obtained by the (decree-holders) defendants upon making a revision application under section 115 of the Code of Civil Procedure against order No.87 dated 10-5-2000 passed by Subordinate Judge, 1st Court, Bogra in Other Class Suit No.78 ...... 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...
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
.... 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 Miscellaneous Case No.493 of 1990 should not set aside and or pass such other or further ord......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. ...... as to why the Order No. dated 28-8-91 passed by the learned Subordinate Judge, 1st Court, Chittagong Sadar in Miscellaneous Case No.493 of 1990 should not set aside and or pass such other or further orders as to this Court may deem fit and proper 2. The short facts for the disposal of the Rule i......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. ..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....tion………….Petitioner Vs. 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, Adv...... 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. ......e tender document and submitted report on 6-8-2000. And after examining the report of the Technical Evaluation Committee the supervising committee constituted by respondent No.1 under internal office order No. 36/2000 dated 20-7-2000 submitted its report to the Board of Chittagong Port Authority on ...... 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
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....s, therefore, liable to be dismissed. 4. Eventually 4-11-80 was fixed for peremptory hearing of the suit and the plaintiff well as defendant Nos.3 and 5 filed hazira but defendant No. 4 prayed for adjournment of hearing of the suit. 5. The learned Subordinate Judge by his impugned order dated ......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......rs Involved: Not represented— the Petitioner. Not represented — the Opposite Parties. Civil Revision No. 190 of 1981. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.186 of 1978......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......7-6-1993. He therefore preferred a criminal appeal against the said conviction and sentence before the High Court Division. The High Court Division on final disposal of the appeal by the judgment and order dated 24-8-2000 reduced his sentence from 7 years to 5 years and imposed a fine of Taka 5,48,7...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
....hat the accused petitioner took loan of Taka 1,64,000 from the informant in 3 instalments as loan for his business purpose. There is nothing in the FIR that at the time of taking loan the petitioner made any promise with the complainant that he will return the money within a specific time or date an...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ...... 7. The impugned proceeding of Motijheel PS case No.13 dated 2-3-99 and GR cases No.1267 of 1999 now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ..Category: Criminal Law | Date: | Hits: 43
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....Reported in: 53 DLR (HCD) (2001) 563.......Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563....... Judgment Md. Abdur Rashid J .- This Rule was obtained by the pre-emptee (purchaser) by making a revision application under section 115 of the Code of Civil Procedure, in brief, the Code, against order No. 33 dated 4-5-2000 passed by Senior Assistant Judge, Sadar, Sunamganj in Miscellaneous Case......Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563...Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....ed by the Sessions Judge, Pabna in Sessions Case No.33 of 1989 (arising out of Chaatmohar PS Case No.3 dated 7-3-89 and GR No.10 of 1989) convicting the appellant and three others under section 302 read with section 34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......epresented—the Opposite Party Jail Appeal No. 4103 of 1991. Judgment Md. Abdur Rashid J.- This appeal was presented under section 420 of the Code of Criminal Procedure against judgment and order dated 31-3-90 passed by the Sessions Judge, Pabna in Sessions Case No.33 of 1989 (arising out ......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....through Court and got possession of schedule ‘Ka’ land along with schedule ‘Kha’ land through Court. Subsequently, opposite party Haji Md. Yusuf filed an application under Order 21 rule 101 read with section 151 CPC for restoration of possession of schedule ‘kha’ property on the ground t......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......slam, Md. Alamgir and Jail Gazi, Advocates—For the Opposite Party. Civil Revision No. 3254 of 2000. Judgment SK Sinha J.- Petitioner is the decree-holder who obtained this Rule against the order dated 11-6-2000 of the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Exe......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....es. Judgment July 17, 2001. Case Referred To- Province of East Pakistan and another Vs. Md. Mehedi Ali Khan and others, 11 DLR (SC) 318. Lawyers Involved: Sk Afzalur Rahman with Emdadul Huq Azad, Advocates—For the Petitioner. Abdul Quayum, Deputy Attorney-General—For Opposi...... is shown that the reliefs sought for in the suit is without jurisdiction on the face of it or in violation of any law, the Court can legitimately look into the maintainability of the suit. 12. An interim relief can be granted only in aid of, and as ancillary to, the main relief which may be avai......Advocates—For the Petitioner. Abdul Quayum, Deputy Attorney-General—For Opposite Parties. Civil Revision Case No. 2164 of 1999. Judgment SK Sinha J.- This Rule is directed against the order dated 15-6-1999 of the learned Additional District Judge, Naogaon in Miscellaneous Appeal No.3......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552...Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Nazrul Islam Chowdhury J Anwar Hossain ………..Petitioner Vs. Election Commission of Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Secreta......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......arty which nominated him at the election as a candidate not to do so, he shall be deemed to have voted against that party.” 10. It appears from the careful consideration of Article 70(1) that in order to decide whether the event or events complained of constituted circumstances under the said A......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..Category: Constitutional Law | Date: | Hits: 196
....Judgment Building Research Institute & others.……….Respondents.
Judgment
October 26, 2000.
Lawyers Involved:
Nizamul Hoque Nasim, Advocate— For the Petitioner
Shahabuddin Ahmad, Deputy Attorney-General—For the Respondents.
Writ Petition No. 59 of 1994.
Judgment
......petitioner and in the evening bulldozer operation stopped for the day. Faced with such situation the petitioner moved this Court on the next date i.e. 6th January, 1994 and obtained a Rule and the ad-interim order from this Court and the eviction operation stopped for the time being.
4. In the wr......er and in the evening bulldozer operation stopped for the day. Faced with such situation the petitioner moved this Court on the next date i.e. 6th January, 1994 and obtained a Rule and the ad-interim order from this Court and the eviction operation stopped for the time being.
4. In the writ petit...... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....rs……...Opposite Parties. Judgment August 14, 2001. Cases Referred To- 43 DLR (AD) 78; 43 DLR (AD) 125; AIR 1975 All 341; Ram Chand Appellant Vs. Rain Swamp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 BCR 270. Lawyers Involved: KS Nabi, Barrister-at-La......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......mits that the impugned judgment and decree of remand for fresh trial of the suit by the appellate Court is an error in the decision occasioning failure of justice since the appellate Court has by the order acted contrary to law as it can decree the suit under section 107 of the Code of Civil Procedu......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
...., Bagerhat in Mongla PS Case No. 4(9)94 and order dated 7-8-2000 passed by the Additional Sessions Judge in Criminal Revision No. 90 of 1999 are liable to be set aside. In the result, the rule is made absolute. The order dated 18-7-2000 passed by the Magistrate, 1st Class, Bagerhat in Mongla PS C......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......nt Attorney- General -For the Opposite Party. Criminal Revisional Case No.756 of 2000. Judgment Md. Hamidul Haque J.- By this Rule, opposite party was called upon to show cause as to why the order dated 18-7-99 passed by the Magistrate, 1st Class, Bagerhat in OR No.123 of 1994 arising out o......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....the petitioner has been convicted under section 19(f) of the Arms Act for keeping illegally in his possession one kiris and two knives. The learned Advocate for the petitioner at the very outset has made very lengthy argument on the question whether a knife and a kiris can be considered as arms unde...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......— For the Opposite Party. Criminal Miscellaneous Case No. 294 of 2000. Judgment Md. Hamidul Hoque J.- By this Rule, the opposite party was called upon to show cause as to why the judgment, order of conviction and sentence dated 6-9-99 passed by the Special Tribunal No.5, Kishoregonj in Sp...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ..Category: Criminal Law | Date: | Hits: 40
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