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Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......nder section 115 of the Code of Civil Procedure is an order dated 20-4-99 recorded by the learned Senior Assistant Judge and Family Judge, Khulna in Family Suit No.71 of 1997 rejecting an application for obtaining expert opinion. 2. The opposite party No.1 as plaintiff instituted the suit for dow......efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......tion) Present: AK Badrul Huq J Firojul Islam (Md) (Firoj)…………..Petitioner Vs. Zahanara Akter…………………………..Opposite Party Judgment December 2, 1999. Lawyers Involved: Md. Abul Kalam Moinuddin, Advocate—For the Petitioner. Khurshid Alam Khan ..Category: Family Law | Date: | Hits: 185
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......- By this application under Article 58(a) of the Representation of the People Order No. 155 of 1972 (PO 155 of 72) the petitioner Dr. Alauddin Ahmed, respondent No. 4 of this election petition, prays for dismissal of the election petition No. 2 of 2001 pending before this Court stating, inter alia, ......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......(Supreme Court) 1545; AIR 1958 (Allahabad) 858; AIR 1996 (Patna) 226; AIR 1972 (Supreme Court) 1185; AIR 1969 (Supreme Court) 66; AIR 1962; AIR 1958 (Allahabad) 858; AIR 1964 (Supreme Court) 1545. Lawyers Involved: Habibul Islam Bhuiyan, Advocate‑ For the Petitioner. Fazlur Rahman Khan, A..Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......hile considering its judgment, if any, ambiguity or omission is noticed. The power can be exercised suo motu and also at the instance of a party………………………….(13) A suit for partition remains pending till passing of the final decree. There would be obviously no bar to t......oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......inal decree. There would be obviously no bar to the Court taking any further steps which it could have taken before the preliminary decree……………………………………..(13) Lawyers Involved: Syed Humayun Kabir Khadem, Advocate‑ For the Petitioner. Mahmudul Islam, ..Category: Property Law | Date: | Hits: 34
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......dated 2-2-97 and upholding the order dated 1-10-96 and directing the parties to maintain status quo in respect of the suit lands. 2. The present petitioner being plaintiff instituted the said suit for declaration of title against the defendants in the suit lands. 3. The case of the plaintiff-p......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......Hossain Chowdhury & others………………Opposite Parties Judgment November 2, 1999. Case Referred To- Uttara Bank Vs. Macneil and Kilburn Ltd. and others, 33 DLR (AD) 298. Lawyers Involved: Md. Nazibar Rahman, Advocate- For the Petitioner. Md. Nurul Islam with Md. K..Category: Property Law | Date: | Hits: 21
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ......quisition of Immovable Property Ordinance, 1982 (Ordinance No.II of 1982) by the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994) should not be struck down for being ultra vires of the Constitution and violative of the principle of natural justice. 2. F......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ...... Cases Referred To- Province of East Pakistan and others Vs. Sirajul Hoque Patwary 19 DLR (SC) 281; Dr Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; Kudrat-e-Panir Vs. Bangladesh 44 DLR (AD) 310. Lawyers Involved: Dr. Rafiqur Rahman with Sirajur Rahman, Advocates—For the Petitioners. Sha..Category: Alternative Dispute Resolution | Date: | Hits: 191
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......ered indenture of lease deed dated 5-10-55 and the sons late Moula Bux being partners of the said firm constructed thereon a 3(three) storied building with partial semi-pucca construction. 3. The aforesaid-partners, on mutual consent, dissolved the said partnership business on 30th June 1970 and ......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......…….Petitioner Vs. Bangladesh Bureau of Anti-Corruption and ors………..Respondents Judgment December 3, 2000. Case Referred To- Durga Das vs Emperor, AIR 1943 Lahore 28. Lawyers Involved: MI Farooqui with Ruhul Quddus, Advocates—For the Petitioner. Hasan Shaheen..Category: Anti-Corruption Laws | Date: | Hits: 232
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
.... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......e passed by the Magistrate of the Second Class, Manikganj in CB Case 54 of 1998 convicting the accused opposite parties under section 379 of the Penal Code and sentencing them thereunder to suffer RI for one month and to pay a fine of Taka 500.00 in default, to suffer RI for a further period of 15 d...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......t: Gour Gopal Saha J Jahiruddin Ahmed………………………………Petitioner Vs. Yasinuddin and others………………………Opposite Parties Judgment June 3, 1998. Lawyers Involved: Badruddin Ahmed, Advocate —For the Petitioner. Not represented —the Stat..Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......Rashid J.- Defendant No. 1 presented the above appeal against the decree dated 30‑4‑2001 passed by the Subordinate Judge, Court No. 3 at Dhaka in Title Suit No. 14 of 2001, which decreed the suit for specific performance of a contract dated 2‑4‑1985. 2. On 23‑5‑1991 respondent No. 1 M......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......a Sarker being dead his heirs and legal representatives,Asit Sarker and others...........Appellants Vs. Seraj‑ud‑Dowla & ors...............Respondents Judgment August 5, 2003. Lawyers Involved: Mahamudul Islam with Abdul Quayam, Advocates - For the Appellants. Rabiul ..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......alat No. 2 in Nari‑o‑Shishu Nirjatan Daman Case No. 172 of 2002 convicting him under sections 7 and 9(1) of Nari‑o‑Shishu Nirjatan (Bishes Bidhan) Ain, 2000 and sentencing him to imprisonment for life and a fine of Taka 5000 in default, to suffer rigorous imprisonment for 6 months more for c......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......ahidul Islam (Md) alias HM Shahid ...............Appellant Vs. State................... Respondent Judgment August 3, 2003. Case referred to- Safdar Ali vs. Crown 5 DLR (FC) 64. Lawyers Involved: Masood R Sobban, Advocate-For the Appellant. Not represented- the Respondent..Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......rit Petition No. 5951 of 2003 challenged the vires of sections 5 and 6 of Druta Bichar Tribunal Ain, 2002 and the Notification issued vide SRO dated 2nd August, 2003 issued under section 6(a) of the aforesaid Ain transferring Companygonj (Noakhali) Police Station Case No. 11 dated 12‑8‑2001 unde......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ...... Present: Amirul Kabir Chowdhury J Syed AB Mahmudul Huq J Abdul Kader Mirza and another…………………….. Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ....................... Respondents Judgment ..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......No. 202 of 1993 with Appeal from Original Decree No. 204 of 1993. Judgment ABM Khairul Haque J.- The First Appeal No. 202 of 1993 and First Appeal No. 204 of 1993 are taken up together for hearing because both the appeals arose from the same transaction although there are two separate...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......erred to- Bankers Trust Co. vs. State Bank of Indict (1991) 2 Lloyd's Report 443; Hing Yip Hing Fat Co. Ltd. vs The Daiwa Bank Ltd. of Honk Kong High Court; Miller vs Bahii Madho Das 23 IA 106. Lawyers Involved: Dr. M. Zahir Senior Advocate with M Hassan, AHM Mizanur Rahman, Advocates-For ..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......s 143/447/323/324/379/307/114 of the Penal Code and directing the trial Court to write a fresh judgment on retrial in the light of discussion of evidence made in the body of the judgment. 2. The informant filed a petition of complaint with the Magistrate, 1st Class, Nilphamari on 6‑11‑1996 ag......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......(AD) 160; Kashem vs. State 40 DLR (AD) 294; Abdus Salam vs. State 12 DLR 100; Haider Ali vs. Md. Sekender 13 DLR 119; Bhulu Rani Shaha and another vs. Pranballav Podder and another 5 BLC (AD) 122. Lawyers Involved: Md. Nurul Islam, Advocate-For the Petitioners. Not represented- the Opposite..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
.... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ......t of an order dated 10‑7‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Tribunal, Rangpur in Nari‑o‑Shishu Nirjatan Daman Case No. 455 of 2001, allowing an application by the prosecution for re‑calling 6, witnesses already examined and discharged by the Court. 2. The prosecution ca...... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ......lam @ Shahin ..................Appellant Vs. State...................Respondent Judgment October 26, 2003. Case referred to- Nazrul Islam @ Montu vs. State, PLD 1975 Lahore 1431. Lawyers Involved: Md. Abdus Samad Miah, Advocate-For the Appellant. Monowara Begum, Assistant ..Category: Criminal Law | Date: | Hits: 37
....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......ther or further order or orders passed as to this Court may seem fit and proper.
2. In the writ petition it has been stated, inter alia, that on 19‑5‑2002 the petitioner filed an application before the respondents for environmental clearance certificate to install a factory at 58/2 Senpara (P......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......r of Customs and others, 20 DLR 300, Assessing Officer, Narayanganj Range and others vs. Burmah Eastern Limited, 1981 BLD (AD) 450; Tafizul Huq Sarker vs. Bangladesh and others, 1998 BLD (AD) 269.
Lawyers Involved:
Enayetur Rahman with Obaidul Hasan Shaheen and Md. Jahangir Alam, Advocates-For..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......he said vessel to subsequently been added in this Rule at his instance as co‑petitioner No. 2. 3. The short fact of the case is that, the petitioner No. 1 participated in an international tender for auction sale of vessel MV Alexandra. The said tender was invited pursuant to an order dated 9‑......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......Islam J AKM Shafiuddin J Didarul Kabir (Md)...............................Petitioner Vs. Commissioner of Customs and others………..….Respondents Judgment August 7, 2001. Lawyers Involved: Dr. M. Zahir with Moqbul Ahmed, Advocates – For the Petitioner. Mostafa Za..Category: Fiscal/Taxation Law | Date: | Hits: 77
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
.... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ......ed 19‑4‑1999 passed by the Special Tribunal No. 1, Narshingdi, in Special Tribunal Case No. 40 of 1998 convicting and sentencing the appellant under section 25B(2) of the Special Powers Act, 1974 for a period of 5 years and to pay a fine of Taka 1000 in default to suffer RI for 3 months more. ...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ...... Abdul Awal J Nannu Mia @ Habibur Rahman………………………..Appellant Vs. State……………………………………………...Respondent Judgment November 17, 2002. Lawyers Involved: Basheratul Moula, Advocate‑For the Appellant. ABM Waliur Rahman Khan, Assi..Category: Criminal Law | Date: | Hits: 43
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......ভাবে বিবিধ প্রতিকার পাইতে পারে তাহা পাওয়ার ডিক্রী দিতে আজ্ঞা হয়”। 4. Learned Advocate for the petitioner submits that the Courts below erred in law in rejecting the plaint on the ground ......4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......………………………….Petitioner Vs. Dharus Sunnah Islamia Madrasha…………Opposite Party Judgment June 20, 1996. Case Referred To- AIR 1957 Cal. 242 (7 & 9) Lawyers Involved: Abul Kalam Azad, Advocate—For the Petitioner. Rabi Sankar Chakroborty, Adv..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......yanganj in Title Suit No. 91 of 1989 decreeing the suit. 2. The opposite party No.1 as plaintiff instituted a suit in the 4th Court of Assistant Judge, Narayanganj being Title Suit No. 91 of 1989, for declaration that order No. 63 dated 11-9-89 dismissing the plaintiff from the post of the Assist......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90....... Present: Gour Gopal Saha J Narayanganj High School and others…….. Petitioner Vs. Pran Ballave Saha Banik and others………Opposite Parties Judgment April 29, 1998. Lawyers Involved: Nurul Haque, Advocate—For the Petitioners. Nikhilesh Dutta, Advocate —Fo..Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......riage she went to the house of her husband and continued to live there. Out of their wedlock a son was born. The complainant noticed that the husband had been addicted to drinking and gambling from before. The accused used to demand dowry from her and used to cause mental and physical torture to her......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......hmed Vs. State 8 DLR (SC) 157; A Razzaque and another Vs. State 28 DLR (AD) 35; Rahim Baksh Vs. Crown 4 DLR (FC) 53; Aminul Haque Vs. Crown 3 DLR (FC) 58; Nurul Islam Vs. State 18 BLD 695 (14-20). Lawyers Involved: Md. Khurshid Alam Khan, Advocate-For the Appellant. Shoeb Ahmed, Assistant ..Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ......Revenue and others ……………………Respondents Judgment July 31, 2001. Lawyers involved: Dr. M Zahir with Md. Firoz Shah with AHM Mizanur Rahman and Afreen Mohiuddin, Advocates—for the Petitioner Syed Abu Kowser Md. Dabirush-Shun, Deputy Attorney-General—for the Responden......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ......surul Hoque Chowdhury J American Express Bank Limited……Petitioner Vs. Chairman, National Board of Revenue and others ……………………Respondents Judgment July 31, 2001. Lawyers involved: Dr. M Zahir with Md. Firoz Shah with AHM Mizanur Rahman and Afreen Mohiuddin, A..Category: Fiscal/Taxation Law | Date: | Hits: 132
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