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Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....Abdur Rashid J .- On 5, March, 1986 a Rule in Civil Revision No. 149 of 1986 was obtained from the then High Court Division at Rangpur Bench by the pre-emptee as petitioner in a revision application made under section 115 (1) of the Code of Civil Procedure, referred to hereinafter as the Act, agains......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......n High Court Division at Rangpur Bench by the pre-emptee as petitioner in a revision application made under section 115 (1) of the Code of Civil Procedure, referred to hereinafter as the Act, against order dated 01-02-86 passed by the learned Munsif at Upazila Pirgachha, Rangpur allowing an applicat......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..Category: Civil Law | Date: | Hits: 69
Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)
....ssued on 14-8-94 at the instance of Mirza Anwarul Islam alias Tanu, the accused petitioner for quashing the proceedings of case No. 275C/92, pending before the court of District Magistrate, Dinajpur Sadar, Dinajpur under section 7A of the Telegraph Act, 1885. 2. Facts in this case, in short, is t......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......ealised under section 7(a) of the said Act, giving up going to the PDR Act. 5. We do not find any merit in this Rule which is liable to be discharged. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated and the records which was called for b......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ..Category: Criminal Law | Date: | Hits: 37
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....nability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......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. ......ite Party. Civil Revision No. 1637 of 1999. Judgment AK Badrul Huq J.- The subject matter of challenge in this Civil Revision petition under 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 Famil......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. ..Category: Family Law | Date: | Hits: 185
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....espondents Judgment January 21, 2002. Cases Referred To- AIR 1969 (Supreme Court) 677; AIR 1974 (Supreme Court) 1185; AIR 1964 (Patna) 296; AIR 1964 (Supreme Court) 1545; AIR 1958 (Allahabad) 858; AIR 1996 (Patna) 226; AIR 1972 (Supreme Court) 1185; AIR 1969 (Supreme Court) 66; AIR 1962;......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.......rt to strike out parties but the court cannot use Order VI rule 17 or Order I rule 10 to avoid the consequences of non‑joinder for where a special provision is to be found in the Act. The court can order an amendment and even strike out a party who is not necessary. But when the Act makes a person......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...Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....hakravarty J Hanif Ali (Md)…………………………..Petitioner Vs. Hajera Khatun and others…………….. Opposite Parties Judgment February 10, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule 17 &nb......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. ......Revision No. 2006 of 1992. Judgment NK Chakravartty J.- This Rule at the instance of plaintiff-petitioner No. 2 was issued calling upon the opposite parties to show cause as to why the impugned order No. 29 dated 9‑5‑1992 passed by the Senior Assistant Judge, Upazila Kaunia, Rangpur in Oth......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. ..Category: Property Law | Date: | Hits: 34
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
....…………Opposite Party Judgment August 17, 1999. Case Referred To- Latifa Akter Vs. State 19 BLD (AD) 20=51 DLR (AD) 159. Lawyers Involved: Habibul Islam Bhuiyan with Mohammad Faiz Faizal Mahmud Faizee, Advocates—For the Petitioners. Rafiqul Haque with M Nazrul Islam,...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......tter, then on their behalf Md. Habib gave the undertaking that the entire bank dues would be repaid. The complainant further alleged that all the above accused persons in collusion with each other in order to defraud the bank, removed 13670 cartons worth taka four crore from the godown. An investiga...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ..Category: Criminal Law | Date: | Hits: 39
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....The secretary of the plaintiff-school late Delwar Hossain Chowdhury took possession of the land on behalf of the school. The plaintiff-school has been possessing the suit land through cultivation bargadar. The responsibility of getting the SA Khatian recorded in the name of the school was with late ......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.......ates-For the Opposite Parties. Civil Revision No. 3289 of 1998. Judgment Md. Mamtazuddin Ahmed J.- This Rule at the instance of the plaintiff-petitioner is directed against the judgment and order dated 30-7-98 passed by the learned District Judge, Panchagarh, in Miscellaneous Appeal No.1 o......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...Category: Property Law | Date: | Hits: 21
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....t Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Surendra Kumar Sinha J Shahjahan Ali Khan (Md) and others……………Petitioners Vs. Government of Bangladesh and others..................................Respondents Judgment October 26, 1999. C......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. ......mpensation in respect of the land acquired under the Ordinance or that of the provision 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. ......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. ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....LR (2002) 12. ......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. ...... of the building including the respondent No. 7 M/S Jaleel Brothers to surrender possession to the Superintending Engineer, Abandoned Property, Housing Circle, 88, Motijheel Commercial Area, Dhaka in order to deliver up vacant possession to the petitioner. The government by another memo dated 12-3-8......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. ..Category: Anti-Corruption Laws | Date: | Hits: 232
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
....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 State. Criminal Revisio...... 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.......ruddin Ahmed, Advocate —For the Petitioner. Not represented —the State. Criminal Revision No. 30 of 1993. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and order dated 14-10-92 passed by the Additional District Magistrate, Manikganj in Criminal Appeal No. ...... 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...Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....s also Reported in: 56 DLR (2004) 39. ......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. ......escribes the land measuring about 4.06 acres of plot Nos. 595, 592/740, 630, 628 and 661 appertaining to CS Khatian Nos. 404 and 92 corresponding to SA Khatian Nos. 217 and 55 respectively. 36. In order to understand the intention of the parties as to the time for performance, we have in detail p......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. ..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....end PW 4 Sabeha Yesmin Moli. Subsequently, victim girl was forced to sign some papers in the chamber of Advocate Hasan and thereafter she was taken to the house of the sister of accused appellant at Madbubagh where she stayed for 2 days and thereafter she was taken to Jessore and confined in a hotel......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....... the Respondent. Jail Appeal No. 368 of 2002. Judgment Md. Joynul Abedin J.- This Jail Appeal by the accused appellant Md. Shahidul Islam alias HM Shahid is directed against the judgment and order of conviction and sentence dated 15‑5‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman ......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...Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....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. ......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. ......said two applications the vires of the same law and the vires of same Notification thereunder have been challenged and common question of law is involved and we are therefore, pronouncing this single order, which shall govern both the writ petitions. 4. The petitioners are accused in two separate......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. ..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... 18, 2002. Cases referred 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...... 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. ......fice, Dilkusha Commercial Area, Dhaka, claiming US$ 3,58,577 equivalent to Taka 1,18,15,112.15 paisa in the First Commercial Court, Dhaka. This suit was transferred to the Second Commercial Court, by order of the District Judge on 10‑7‑1990 and was re‑numbered as Money Suit No. 108 of 1990. Th...... 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. ..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
.... Case No. 3 dated 6‑12‑1996 under sections 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 Magistra......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. ......rties. Criminal Miscellaneous Case No. 6396 of 2003. Judgment Abdus Salam Mamun J.- This application under section 561A of the Code of Criminal Procedure is directed against the judgment and order dated 1‑6Â-2003 passed by the learned Additional Sessions Judge, Nilphamari in Criminal Rev......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. ..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
....ellant 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 Attorney-General-For the State. ...... merit. Communicate the order at once to the Nari‑oÂ-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ......mad Miah, Advocate-For the Appellant. Monowara Begum, Assistant Attorney-General-For the State. Criminal Appeal No. 2669 of 2002. Judgment Gour Gopal Saha J.- This appeal arises out of an order dated 10‑7‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Tribunal, Rangpur in Nariâ€...... merit. Communicate the order at once to the Nari‑oÂ-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ..Category: Criminal Law | Date: | Hits: 37
....ial Original Jurisdiction)
Present:
MA Wahhab Miah J
Shamim Hasnain J
Abu Jafar Md. Nurul Islam...................Petitioner
Vs.
DG, Department of EnvironÂment, Government of Bangladesh and others.........Respondents
Judgment
July 15, 2003.
Cases referred to-
Chairman......pose would have been served by filing the appeal, the order being passed at the behest of the Minister-in-charge of the concerned Ministry. Moreso, the appellate authority having no power to pass any interim order under the statute the forum of appeal could not be termed to be efficacious in view of......fed rice) and to transfer the factory to any other vacant place (Annexure E) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. In the writ petition it has b......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.
..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....rit Petition No. 1012 of 1998. Judgment Syed Amirul Islam J.- In this Rule the petitioners have challenged the imposition of separate customs duties and other taxes on its various equipment, in addition to the taxes and duties levied on the vessel itself on its LDT. Further, the assessment has......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.......ioner 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 9‑12‑97 passed by the High Court Division in Admiralty Suit Nos. 46 of 1996 and 61 o......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...Category: Fiscal/Taxation Law | Date: | Hits: 77
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
....owers 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. 2. The prosecution case, in a nutshell, is that Sub-Inspector Md. Kamrul Islam of Madhabdi investigating centre under Narshingdi Police Station received an information that a man was ...... 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. ......rney‑General with Shamim Ara‑Dora, Assistant Attorney‑General‑For the State. Criminal Appeal No. 968 of 1999. Judgment Abdul Awal J.- This Appeal is directed against the Judgment and order dated 19‑4‑1999 passed by the Special Tribunal No. 1, Narshingdi, in Special Tribunal Case...... 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. ..Category: Criminal Law | Date: | Hits: 43
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Amin J Osiar Rahman……………………………….Petitioner Vs. Dharus Sunnah Islamia Madrasha…………Opposite Party Judgment June 20, 1996. Case Referred To- AIR 1957 ......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. ......e finding that summons of the said other suit was served on the defendant i.e. the plaintiff of the instant suit, being suit No. 14 of 1988 and that having not moved the superior Court as against the order of the appellate Court below, the suit filed on the self same averments i.e. suppression and n......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. ..Category: Civil Law | Date: | Hits: 66
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