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Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284.......Huq J.- The fate of this Civil Revision Petition hinges on answer to the following core question, whether a Miscellaneous Case under Order 9, rule 13 of the Code of Civil Procedure which was directed for restoration of a suit on setting aside an ex parte decree, dismissed for default can be restored......f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284.......isdiction) Present: AK Badrul Huq J Ali Akbar ………………………Petitioner Vs. Farijuddin and another………….. Opposite Parties Judgment November 16, 2000. Lawyers Involved: Qamrunnessa, Advocate—For the Petitioner. Not represented— the Opposite..Category: Procedural Law | Date: | Hits: 83
.... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280....... of 1991.
Judgment
Gour Gopal Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question.
2. Short facts relevant for the purpose ...... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280.......s Referred To-
Delwar Hossain Vs. Mvi Abdul Jalil Chowdhury and others, 22 DLR 322; Managing Committee NMC Model High School and others Vs. Obaidur Rahman Chowdhury and others, 31 DLR (AD) 133.
Lawyers Involved:
Shamiran Das Gupta with Sucharita Sen Gupta, Advocates—For the Petitioners.
..
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......has been occasioned. No authority could be placed from the side of petitioner in support of the contention raised. 5. Contentions pressed into service from the side of petitioner has been repelled for and on behalf of opposite party in bringing his strenuous arguments which are hereunder: (i) ......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......p; others…………Opposite Parties Judgment October 22, 2000. Cases Referred To- Muhammad Zulfikar Vs. Abul Kalam Chowdhury and others, 42 DLR 21; 1990 BLD (AD) 58, 42 DLR (AD) 83. Lawyers Involved: Md. Idrisur Rahman with Md. Sultan Uddin, Md. Ekramul Islam and Md. Shahidulla..Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......ction dated 14.9.92 passed by the Sessions Judge, Patuakhali in Sessions Case No. 16 of 1992 convicting and sentencing the accused appellant under section 302 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 2,000.00 in default to payment of fine to suffer imprisonment for......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......zi Vs. Awlad Hossain 43 DLR (AD) 63; Salauddin Vs. State 32 DLR 227; State Vs. Abdur Rashid 35 DLR 195; State Vs. Purandhar Roy Joydhar 31 DLR 312; Nowsher Mi Sarder Vs. State 39 DLR (AD) 194. Lawyers Involved: Syed Ziaul Karim, Advocate—For the Appellant. Syed Abu Kowser, Ass..Category: Criminal Law | Date: | Hits: 38
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
.... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262.......d decree dated 23-12-1985 (Decree drawn on 01-01-1986) passed by the Munsif, Upazila, Faridganj, in Title Suit No. 570 of 1984, should not be set aside. 2. The petitioner in this Case filed a suit for specific performance of contract of 25-05-1976 against the opposite party No.1 (defendant No.1) ...... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262....... Co Limited 1919 KB 78; Marudanayagan Pillai Vs. Munusamy Pillai and others AIR 1971 Mad 8; Dau Alakhram Vs. Kulwanth Bai and another AIR 1950 Nag 238; Ali Mohamma Shaha Mohammed PLD 1987 Lab 607. Lawyers Involved: Faruque Ahmed with Gazi Md. Mohsin, Advocates—For the Petitioner. Shahabu..Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......r Assistant Judge, 2nd Additional Assistant Judge Court, Sadar, Noakhali allowing comparison of disputed document against which another suit is brought with plaintiffs signature disputed in the suit, for obtaining opinion of the Handwriting Expert in Title Suit No. 461 of 1990 2. The petitioner a...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......red To- State (Delhi Administration) Vs. Pali Ram AIR 1979 (SC) 14; Krushna Chandra Vs. Commissioner of Endowment AIR 1976 Orissa 52 & Sreemuthi Sarojini Dassi Vs. Han Das Ghose 26 CWN 113. Lawyers Involved: Nikhilesh Dutta, Advocate —For the Petitioner Not represented- the Opposi..Category: Procedural Law | Date: | Hits: 85
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......us Case No. 29 of 1995 arising out of a partition suit being Title Suit No.3 of 1983 rejecting an application under section 4 of the Partition Act. 2. Plaintiff-opposite party No.1 has filed the aforesaid Title Suit No. 3 of 1983 in the Court of the Subordinate Judge, 2nd Court, Dhaka with a pra......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......mp; AIR (1953) Patna 344; AIR 1928 Calcutta 539; ILR 1923 (Born) 73; Md. Tazammal Hossain Talukder Vs. Purni Agarwalini, 10 DLR 318 & Sayesta Bibi and ors Vs. Juma Sha and ors, 42 DLR (AD) 53. Lawyers Involved: Md. Fazlul Karim with Altaf Hossain Khan & Ranjan Chakravorty, Advocates—..Category: Property Law | Date: | Hits: 113
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......er took some loan from the respondent No.2 the Uttara Bank and since the loan could not he paid within the schedule time the said case was filed at first as an ordinary money suit being No.82 of 1982 for realisation of the said loan money. During the pendency of that suit Artha Rin Adalat Ain (Act 5......er in the instant case. 6. Mr. Karim cites the decision in the case of Hazi Joynal Abedin Vs. State 30 DLR 371, By that decision a legal conflict covered by the criminal law and disposed of by the Martial Law Court was decided. In view of the facts and circumstances of the instant Case which come...... others…….Respondents Judgment January 18, 2001. Cases Referred To- Hazi Joynal Abedin Vs. State 30 DLR 371 and Colonial Sugar Reining Company Ltd. Vs. Irving (appeal Cases 1905). Lawyers Involved: Md. Fazlul Karim, Advocate—For the Petitioner. Not represented- the Respo..Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......1999 and Writ Petition Nos. 1660, 3423, 3823, 3029, 3312, 3214, 3945, 3326, 3622 of 1998 and Writ Petition No. 4946 of 1997. Judgment Md. Fazlul Karim J. - These Rules are taken up for hearing together and disposed of by the Single Judgment as the common question of law and facts ......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......…..Petitioners Vs. Government of Bangladesh and others…………….Respondents Judgment March 22, 1999. Cases Referred To- Kazi Md Amirul Islam Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs Bangladesh and others 16 BLD (AD)110 ; Mostafa Kamal Moulvi M..Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234.......lates to the assessment years 1993-94. In these two reference applications only the figure in respect of professional income, house property income and family expenses differ but the reasons assigned for arriving at these figures are similar. The professional income for the assessment year 1992-93 h...... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234.......Present: Syed Amirul Islam J AKM Shafiuddin J Abdul Hamid Chowdhury and others…………. Applicants Vs. Commissioner of Taxes….. Respondent Judgment May 29, 2000. Lawyers Involved: Khandker Faziur Quadir—For the Applicants. Dabiruddin Ahmed, Deputy Attor..Category: Fiscal/Taxation Law | Date: | Hits: 64
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......nd the decision taken in the meeting removing the plaintiff from the managing committee and the co-option of the defendants in the managing committee is illegal void and without lawful authority, and for further declaration that the initiation of the enquiry against the plaintiff by the defendant No...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......……………….Petitioner Vs. Ataur Rahman and others……………Opposite Parties Judgment November 7, 2000. Cases Referred To- AIR 1959 (Mysore) 75 & 47 DLR 261. Lawyers Involved: AF Hassan Arif Advocate—For the Petitioner. Syed Ziaul Karim, Advocate—..Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......Thakurgaon arising out of Haripur PS Case No.2 dated 12-6-98 corresponding to GR Case No. 116 of 1998 directing the learned Magistrate to hold further inquiry as to the naraji petition filed by the informant in accordance with law an observation made in the body of the impugned judgment setting asid......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......man and others Vs. Nurul Islam Chowdhury and others, 35 DLR (AD) 127, 3 BLD (AD) 279; Sher Ali (Md) and others Vs. State, 46 DLR (AD) 67; Alauddin and others Vs. Jamaluddin and another 37 DLR 164. Lawyers Involved: Md. Nazrul Islam Talukder, Advocate—For the Petitioner. Md. Mozammel Huq,..Category: Criminal Law | Date: | Hits: 40
....im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......one after another, and is now being disposed of by this order.
4. On 29-11-2000 the petitioner in the later Rule as plaintiff instituted the suit against the Waqf Authorities, defendant Nos.1 to 3 for a decree for mandatory injunction for restoration of possession of the suit land measuring 1.00 ......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......ahebzadi Anwara Begum, AIR 1958 (SC) 886; Babul Kanti Das Vs. Abul Hashem, 47 DLR (AD) 6; National Bank of India Vs. Yakub Ali, 7 DLR 606; Md. Ashid Ali Vs. Province of East Pakistan, 22 DLR 694.
Lawyers Involved:
Mahbubey Alam with Md. Shah Alam, Advocates—For the Petitioner
Khondakar ..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
.... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......Daily Star dated 11-1- 2001 in the heading of “Four-year-old boy charge-sheeted in Criminal Case” this Rule was issued calling upon the Deputy Commissioner Nilphamari to show cause as to why the aforesaid criminal proceeding against Labu Mia, son of Atiar Rahman should not be quashed. 2. The ...... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......laneous Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Abdur Razzaque J Labu Mia……………Petitioner Vs. State……………Respondent Judgment March 29, 2001. Lawyers Involved: AKM Zahirul Haque, Assistant Attorney-General- For the Petitioner. Not repr..Category: Criminal Law | Date: | Hits: 101
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217....... Rin Adalat, 2nd Court Madaripur in Money Execution Case No.25 of 1994 waiving 60% of the interest and allowing payment of the balance of the decretal dues by instilments. 2. Short facts relevant for the purpose of the Case are that, the petitioner Bank as plaintiff instituted a suit in the cour......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217.......Vs. Abdul Jalil Bhuiyan………. Opposite Party Judgment November 15, 2000. Case Referred To- Kazi Gowherul Islam Vs. Standard Co-operative Society Limited and another 50 DLR 333. Lawyers Involved: MA Tariq, Advocate — For the Petitioner Not represented—the Opposite Pa..Category: Civil Law | Date: | Hits: 92
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......assed by the Taxes Appellate Tribunal, Dhaka, Division Bench-1, Dhaka in ITA No. 79 of 1993-94 (Assessment year 1990-1991). 7. In all these reference applications the following questions have been formulated for our opinion: (i) Whether the Taxes Appellate Tribunal was justified in not directi......the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......ar Vs. CIT, Bihar 101 ITR 525; 45 ITR 24, 119 ITR 431, 137 ITR 285 and 827; Meghna Petroleum Co Ltd Vs. CIT 50 DLR (AD) 165, 26 BTD (AD) 74; Commissioner of income Tax Vs. SRA Reddier 205 ITR 426. Lawyers Involved: Md. Altaf Hossain, Advocate—For the Applicant. Md. Abdur Rahim Bhuiyan, A..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......e defendants against the judgment and decree dated 21-11-1999 passed by the Subordinate Judge, 3rd Court, Dhaka in Money Suit No.12 of 1992 decreeing the suit. 2. The plaintiff instituted the suit for a decree for a sum of Taka 10,85,53,174,99. The plaint Case, in short, is that the plaintiff is ......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......r Rashid J Bangladesh Water Development Board...........Appellant Vs. Contractor, Manu Barrage……….Respondent Judgment October 30, 2000. Result: The Appeal is allowed. Lawyers Involved: Rafique Rahman with Tufailur Rahman and Sufia Ahammed, Advocates—For the App..Category: Civil Law | Date: | Hits: 132
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
..... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196.......udgment and order passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of 1997 granting temporary injunction.2. Short facts relevant are that the petitioner and pro forma opposite party Nos.6-13 being plaintiffs instituted Title Suit No.7 of 1997 in the Court of th....... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196.......nal Jurisdiction) Present: Mahfuzur Rahman J Abdul Wahab Biswas………….Petitioner Vs. Abdul Matin Miah & others……………Opposite Parties Judgment May 26, 1999. Lawyers Involved: Md. Shamsul Huda, Advocate—For the Petitioner. Not represented—the Oppo..Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......, 2010. Lawyers Involved: Dr. Rabeya Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Review Petition for Leave to Appeal No.18 of 2007. (From the judgment and order dated the 20th and 21st day of Au......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......in J Surendra Kumar Sinha J Abdul Kader @ Kada and others…………Petitioners Vs. The State…………………………………......Respondents Judgment January 24, 2010. Lawyers Involved: Dr. Rabeya Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Re..Category: Criminal Law | Date: | Hits: 57
Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)
....with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......e-on-Record-For the Petitioner. Jamiruddin Sirker, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not represented-For Respondent No.2. Civil Petition for Leave to Appeal No. 1340 of 2009. (From the judgment and order dated 28.5.2009 passed by the ......with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518....... J ABM Khairul Haque J Surendra Kumar Sinha J Fazar Ali……………...Petitioner Vs. Mizanur Rahman and another…………........Respondents Judgment February 10, 2010. Lawyers Involved: A. J. Mahammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Re..Category: Property Law | Date: | Hits: 23
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