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Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
.... This Case is also Reported in: 40 DLR (1988) 36.......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......date of filing of the suit till realization of the decreetal dues. The defendants 1,2,4,5 and 6 were directed to pay the decreetal amount to the plaintiff within 90 days from the date of judgment and order dated 4.1.84. A Division Bench of the High Court to which I was a party in F.A. No.6 of 1984 (......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....h Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mozammel Hoque J Md. Mahtab Hossain………………………….Petitioner Vs. Bangladesh University of Engineering & Technology, Ramna, Dhaka and others …... Respondent Judgm......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......ple's Republic of Bangladesh, 1972. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against an office order dated 19.11.86 (Annexure B) passed by the respondent no. 2, the Vice-Chancellor and issued und......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31...Category: Criminal Law | Date: | Hits: 74
Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)
....re. 7. The crux of the problem lies in the interpretation of sub-section 6 of section 339-C of the Code of Criminal Procedure. The subsection 6 of section 339-C of the Code of Criminal Procedure reads as follows:- “6. In this section in determining time only the working days shall be counted......essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29......., Deputy Attorney General- for the State. Criminal Revision No. 8 of 1986. Judgment Daliluddin Ahmed J.- This Rule was issued upon the Deputy Commissioner, Pabna to show cause as to why the order, dated 5.12,85, passed by Additional Sessions Judge, Pabna,in Session Case No.2 of 1985 should......essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29...Category: Criminal Law | Date: | Hits: 24
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....ke no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......ase, inter alia, is that they are the owners of the property described in the schedule to the plaint which consists of their homestead and a tank measuring 32.25 acre of land. On 12th August, 1948 in order to avoid creditors they executed kabala purporting to transfer the property in favour of defen......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26...Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....t High Court Division Barishal Bench (Civil) Present: AM Mahmudur Rahman J Abdul Khalek Khan...................................................Appellant Vs. Government of Bangladesh .................................................Respondent Judgement April 10, 1986. ......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21....... Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint and also for a declaration that the order dated 3.10.1961 of the Board of Revenue cancelling the settlement of the said land was null an......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21...Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... Division (Criminal) Present: Aminur Rahman Khan J Syed Fazle Ahmed J Iftekhar Ahmed Majumder.................................Petitioner Vs. 1. Govt. of People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka. 2....... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18.......he detenu along with 9 others under section 54 of the Code of Criminal Procedure and was forwarded to the court of Magistrate with a prayer to remand them to custody till the receipt of the detention order. Thereafter the District Magistrate, Comilla, namely, the opposite party No. 3 Put the dete...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18...Category: Criminal Law | Date: | Hits: 40
Zahirul Alam Vs. Manindra Nath Thakur, 1987, 16 CLC (HCD)
....nce of seeking the ends of justice. I refrain from interfering with the impugned order. Consequently this application is summarily rejected. Ed. This Case is also Reported in: 40 DLR (1988) 16. ......nce of seeking the ends of justice. I refrain from interfering with the impugned order. Consequently this application is summarily rejected. Ed. This Case is also Reported in: 40 DLR (1988) 16. ...... the Opposite Party. Civil Order No. 1 249 of 1987 Judgment Latifur Rahman J. - In the application under section 115 of the Code of Civil Procedure, the defendant petitioner has challenged order No. 39 dt. 27.7.87 passed by the Assistant Judge, Kashiani, District Gopalganj in allowing an ......nce of seeking the ends of justice. I refrain from interfering with the impugned order. Consequently this application is summarily rejected. Ed. This Case is also Reported in: 40 DLR (1988) 16. ..Category: Procedural Law | Date: | Hits: 111
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....t to the U.S.A. from 25.6.80, he could not take any steps, nor could he instruct his learned Advocate. In such circumstances the suit was decreed ex parte on 16.7.80. His learned Advocate, owing to inadvertence, pursued the cause list of Title Suit No. 322 of 1980 and mistakenly noted in his diary t......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......ul Mannan with Zakir Ahmed - for the respondents. Appeal from Original Order No. 171 of 1984. Judgment Mustafa kamal J. - This first miscellaneous appeal is directed against the judgment and order dated 19.4.84 passed by Mr. Ali Ashraf Khan Lodi, Subordinate Judge, 1st Court, Dhaka in Misce......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....out any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......med, Advocates - For the Opposite Party. Civil Revision No. 87 of 1985. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against an order dated 9.4.84 passed by the learned Subordinate Judge, 3rd Court, Dhaka accepting the written s......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....s Case is also Reported in: 52 DLR (HCD) (2000) 36. ......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......ted- the Appellant. Appeal from Original Order No. 221 of 1995. With Cross Objection No. 2 of 1997. Judgment Mahmudul Amin Choudhury J.- This appeal is directed against judgment and order dated 8-7-95 passed by the learned Subordinate Judge, 1st Court, Comilla in Title Suit No.4 of......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....…………Petitioner Vs. Ministry of Finance, National Board of Revenue ……………Respondents Judgment August 18, 1996. Case Referred To- MA Khaleque Vs. Government of Bangladesh and others, 32 DLR 243. Lawyers Involved: AJ Mohammad Ali with AKM Asaduzzaman, Advocat......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......Chowdhury J.- On an application made under Article 102 of the Constitution by the petitioner Bashiruddin Ahmed a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order contained in the Nathi No.3 (3) VAT-5/95 corresponding to 25-3-1402 BS (Annexure-M) issued by ......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....urt High Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Bijan Kumar Das J Habib Bank Limited………………….Appellant Vs. UAE Bangladesh Investment Company Limited and another……….Respondent Judgment May 28, 1998. La......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ...... by that Code or by this Act, be the procedure followed in a Court of Small Causes in all suits cognizable by it and in all proceedings arising out of such suits: Provided that an applicant for an order to set aside a decree passed ex parte or for a review of judgment shall, at the time of presen......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....ey General—For the Government. Contempt Petition Case No. 57 of 1999. Judgment Md. Mozammel Hoque J. - This is an under Article 108 of the Constitution of the People’s Republic of Bangladesh praying for drawing up a proceeding for committing contempt of Court against Mr. Mohammad Nasi...... under High Court order”. “The Minister then posed a question, who are protecting criminals and terrorists? Mr. Nasim also referred to an accused in a murder case, Nurunnabi who was granted ad-interim bail by the High Court”. 31. The daily English newspaper The Independent dated 7-9-1999......sing terrorism.” 3. To justify his allegations against the Higher Court the Home Minister stated that how the terrorists were arrested in the city and then they became freed under the High Court order. One day some local people from Maghbazar area came to him and informed that notorious terrori......ter Mr. Mohammad Nasim yesterday accused High Court of protecting and patronising criminals and terrorists by granting them bail. Expressing his deep frustration over indiscriminate grant of bail and anticipatory bail, he told in Parliament that giving bail to the terrorists would in no way help cur..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
.... Ed. This Case is also Reported in: 4 BLC (1999), 600. ......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......r family, was arrested by the Sutrapur PS Police on 16-12-1998 at about 2-00 PM and was produced before the Metropolitan Magistrate on 17-12-98 and thereafter he was sent to Dhaka Central Jail and an order of detention under section 3(2) of the Special Powers Act directing the detention of the deten......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....ion. Ed. This Case is also Reported in: 57 DLR (2005), 11.......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11....... review to this court within 4(four) weeks from date and furnish a list of such ‘under trial’ prisoners in the Dhaka Central Jail and other Jails in this country and or pass such other or further order or orders as to this court may seem fit and proper. 2. It has been asserted that the petiti......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11...Category: Criminal Law | Date: | Hits: 45
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....pellant Vs. Moulana Delwar Hossain Saydee and others..…………..Respondents Judgment June 25, 1998. Cases Referred To- Pateshwari Din Vs. Mahant Sarju Das AIR 1938 Oudh 18; Kalipada Saha Vs. Nitya Nanda Saha, 5 DLR 285; Raja Run Bahadoor Singh Vs. Lachoo Koer 12 IA 23 (8 & ......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......dents. FMA No. 144 of 1997. Judgment Md. Abdul Karim J. - This application on behalf of respondent No.1 Moulana Delwar Hossain Saydee in First Miscellaneous Appeal No.144 of 1997 is for an order dismissing the appeal on the preliminary point of maintainability. 2. The facts of the case......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ..Category: Election Law | Date: | Hits: 159
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....stop this practice of issuing the cheque in favour of a party without fear of any legal consequences if the cheque is dishonored. Though the case was filed before expiry of 15 days time, the accused had the opportunity to make the payment within 15 days. Had such payment been made within 15 days eve......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......plain why the complaint was filed before expiry of 15 days. But it is obvious that it was due to some misconception or oversight either on the part of the complainant or on the part of his lawyer. In order to uphold justice in this particular case, we hold that for the defect of prematurely of cause......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ..Category: Criminal Law | Date: | Hits: 35
Abul Hossain (Md) and others Vs. State, 1999, 28 CLC (HCD)
.... preceded as the investigation itself in the case could not proceed without the permission or order of the Magistrate. 3. It appears that the parties were heard under section of 241 of Cr.P.C. already, by the Magistrate ignoring the submission of the petitioner, as stated above, charges has been ......agistrate for compliance of our aforesaid direction and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402.......l Code which is non-cognizable offence. Therefore, in this case trial of non-cognizable offence cannot be preceded as the investigation itself in the case could not proceed without the permission or order of the Magistrate. 3. It appears that the parties were heard under section of 241 of Cr.P.C......agistrate for compliance of our aforesaid direction and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402...Category: Criminal Law | Date: | Hits: 34
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....ly tenant, stating, inter alia, that the suit property originally belonged to Fulesa Khatun who transferred the suit premises by a deed of gift in favour of the plaintiff, her son and that defendant had been a monthly tenant in the suit premises on the basis of an agreement dated 6-6-1970 and that t......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......ant offered rent of December, 1992 in favour of the plaintiff but the rent was not accepted nor the rent of January, 1993 was accepted by the landlord and the rent being sent to the landlord by money order the defendant filed House Rent Case No. 5 of 1993 and that the defendant was not aware of the ......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....paid. The plaintiff left the premises without any notice or intimation to the landlord. In the circumstances, the suit for recovery of possession of the suit shop is not maintainable. 5. On the pleadings 5 issues were framed of which issue No.3 and 4 are whether the plaintiff was in possession of......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ...... plaintiff claimed that on 01-06-96 she and her husband were driven out of the suit shop “The Tangail Porabari Sweets”, of course, who ousted them has not been stated in the paragraph. 12. In order to succeed in the suit, the plaintiff was required to prove the above cause of action. The pla......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ..Category: Civil Law | Date: | Hits: 82
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