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....High Court Division
(Civil Revisional Jurisdiction)
Present:
Gour Gopal Saha J
Sikder Maqbul Huq J
Gold Topps Co. Hong Kong and others………………… Petitioner
Vs.
Trading Corporation of Bangladesh and Another…………………Opposite Party
Judgment
Octob...... 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.......h Sucharita Sen Gupta, Advocates—For the Petitioners.
Md. Imam Ali, Advocate—For the Opposite Parties.
Civil Revision No. 4673 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...... 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...
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....rt’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......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.......ammel Hossain, Md. Harun-ur Rashid and Mahfuza Begum, Advocates—For the Opposite Party No.1. Civil Revision No.1562 of 2000. Judgment AK Badrul Huq J.- Feeling aggrieved by a Judgment and order recorded by Execution Appellate Judge wherein allowing Election Appeal, Judgment and order pas......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...Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
.... Cases Referred To- AIR 1946 Cal. 156 Dhanapati Dey Vs. Emperor; State Vs. Lalu Miah 39 DLR (AD) 117; State Vs. Lalu Miah 1987 ILD (AD) 212; Hazrat Ali Vs. State 42 DLR 177; Nannu Gazi Vs. Awlad Hossain 43 DLR (AD) 63; Salauddin Vs. State 32 DLR 227; State Vs. Abdur Rashid 35 DLR 195; State ......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. ......2. Judgment Md. Abdus Salam J.- This Criminal appeal under section 410 of the Code of Criminal Procedure has been preferred by accused-appellant Md. Shahjahan against the Judgment and order of conviction dated 14.9.92 passed by the Sessions Judge, Patuakhali in Sessions Case No. 16 o......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. ..Category: Criminal Law | Date: | Hits: 38
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....ecords forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262....... 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.......- This Rule under section 115 of the Code Civil Procedure was issued at the instance of the plaintiff-petitioner calling upon the defendant- opposite parties, to show cause as to why the judgment and order of remand dated 13-09-1987 (Decree drawn on 01-11-1987) passed by the learned Subordinate Judg...... 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...Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
....t Syed Mahmud Hossain J.- This Rule is directed against order Nos.28 and 29 dated 24-6-1992 and 6-7-1992 respectively by the learned Senior Assistant Judge, 2nd Additional Assistant Judge Court, Sadar, Noakhali allowing comparison of disputed document against which another suit is brought with p...... 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....... Nikhilesh Dutta, Advocate —For the Petitioner Not represented- the Opposite parties. Civil Revision No. 2314 of 1992. Judgment Syed Mahmud Hossain J.- This Rule is directed against order Nos.28 and 29 dated 24-6-1992 and 6-7-1992 respectively by the learned Senior Assistant Judge,...... 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...Category: Procedural Law | Date: | Hits: 85
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
.... the allegations, inter alia, that one Akhtaruzzaman owned and possessed 2½ kathas of land fully described in the schedule to the plaint by virtue of registered sale deed dated 28-5-1957 from one Zehadon Khatoon. After the death of Akhtaruzzaman the said schedule property devolved on the defendant-......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.......ndivided family and, as such, section 4 has no application in the present case. The learned Advocate also contends that the application under section 4 being pre-mature was rightly rejected. 8. In order to appreciate the contentions raised by the learned Advocates for both the parties it would be......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...Category: Property Law | Date: | Hits: 113
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....t is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......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....... page-369. In that case their Lordships of the highest Court of the world then held as follows: “Although the right of appeal from Supreme Court Queensland to His Majesty in Council given by the order in council of June 30, 1860 has been taken away by the Australian Commonwealth Judiciary Act, ......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...Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......e petitioner by memo dated 13-7-98 the petitioner has also filed Title Suit No. 25 of 1998 on 7-9-98 against the impugned order which is pending for hearing. The petitioner having failed to obtain ad interim order filed the instant writ application suppressing the fact and obtained the Rule and the ......998 has impugned Memo No.375 Justice 712N-144177 dated 2-8-98 Annexure ‘A’ issued by the respondent No.2 to have been issued without any lawful authority stating, inter alia, that by the impugned order ward No. 5 of Mymensingh Pourashava has been curtailed unlawfully from the Nikah Registry area......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...Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....M 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 Attorney General—For the Respondent. Ref...... 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.......t Taka 2,50,000.00 in the assessment year 1990-91 and at Taka 2,60,000.00 in the assessment year 1993-94. 3. The original applicant was Abdul Hamid Chowdhury who died intestate on 23-8-98 and vide order dated 10-11-98 his heirs have been brought on record by Substitution in place of deceased appl...... 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...Category: Fiscal/Taxation Law | Date: | Hits: 64
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....h the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......tioner as pre-emptee laid a Case being Miscellaneous Case No. 6 of 1986 in the Fourth Court of Munsif (now Assistant Judge Narayanganj under section 96 of the State Acquisition and Tenancy Act for an order of pre. emption with respect to land described in schedule to Miscellaneous Case. The said Mis......f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232...Category: Property Law | Date: | Hits: 23
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......ative Societies Ordinance, 1984 and Rule 26(1) of the Co-operative Societies Rules, 1987. 4. The plaintiff in the suit made an application praying for temporary injunction whereupon an order of ad interim injunction was granted. The defendants entered appearance and took several adjournments for ......te—For the Petitioner. Syed Ziaul Karim, Advocate—For the Opposite Parties. Civil Revision No. 274 of 2000. Judgment Md. Awlad Ali J.- This Rule arose out of interlocutory injunction order and is directed against the Judgment and order dated 25-10-1999 passed by the Additional Distr...... 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...Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....ttorney- General—For the State. Criminal Revision No. 717 of 1999. Judgment Md. Abdul Aziz J.- This Rule was issued on an application under section 439 of the Code of Criminal Procedure read with section 435 of the same Code at the instance of accused petitioner challenging the impugned ......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.......ule was issued on an application under section 439 of the Code of Criminal Procedure read with section 435 of the same Code at the instance of accused petitioner challenging the impugned judgment and order dated 5-8-99 passed in Criminal Revision No.02 of 1999 by the learned Sessions Judge, Thakurga......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...Category: Criminal Law | Date: | Hits: 40
....man, 45 DLR 762; Abul Hayat Vs. MA Reja, 47 DLR 170; Renu Begum Vs. Kazi Liakat Ali, 50 DLR (AD) 142; Abdul Barek Vs. Serajul Islam, 20 DLR 501; Abdul Jalil Vs. Abu Baker Siddique, 35 DLR (AD) 42; Barada Sundari Paul Vs. Assistant Custodian, Enemy Property and others; 15 BLD (AD) 95 in para 23; Razi......dated 29-11-2000 passed by Assistant Judge, 4th Court at Dhaka in Title Suit No. 321 of 2000 by which defendant Nos. 1 to 3 Waqf Authorities were directed to restore possession to the plaintiff an ad interim mandatory injunction.
2. The other Rule in Civil Revision No.125 of 2001 was on 23-01-200...... Opposite Parties.
Civil Revision Nos. 58, 125 of 2001
Judgment
Abdur Rashid J.- The Rule in Civil Revision Case No.58 of 2001 was on 21-01-2001 obtained by added defendant No. 4 against an order dated 29-11-2000 passed by Assistant Judge, 4th Court at Dhaka in Title Suit No. 321 of 2000 b......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.
..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
....presented- the respondent. Criminal Miscellaneous Case No. 98 of 2000. Judgment Amirul Kabir Chowdhury J. - On the basis of a news item published in the 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 t...... 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. ......istrate on consideration of both the petitions was not satisfied as to the explanation given by the Investigating Officer and recommending proceeding against the Investigating Officer passed detailed order on 18-1-2001. 6. Mr. AKM Zahirul Haque, the learned Assistant Attorney-General appearing fo...... 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. ..Category: Criminal Law | Date: | Hits: 101
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....e Party. Civil Revision No.4338 of 1997. Judgment Gour Gopal Saha J. - This Rule is directed against the order dated 18-9-97 passed by the Subordinate Judge and Artha Rin Adalat, 2nd Court Madaripur in Money Execution Case No.25 of 1994 waiving 60% of the interest and allowing payment of t......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.......olved: MA Tariq, Advocate — For the Petitioner Not represented—the Opposite Party. Civil Revision No.4338 of 1997. Judgment Gour Gopal Saha J. - This Rule is directed against the order dated 18-9-97 passed by the Subordinate Judge and Artha Rin Adalat, 2nd Court Madaripur in Mon......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...Category: Civil Law | Date: | Hits: 92
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....iatullah Biswas and others 16 DLR 157; Kassarbai Vs. Jothabhai Jivan AIR 1928 Privy Council, 277; Sk Abul Qasem and others Vs. Mayez Uddin Mondal and others 45 DLR 169. Lawyers Involved: MA Samad, Advocate—For the Petitioners. Garib Newaz with Maksuda Akhter, Advocates—For the Opposite......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......—For the Petitioners. Garib Newaz with Maksuda Akhter, Advocates—For the Opposite Parties. Civil Revision No. 2376 of 1998. Judgment Md. Abdul Matin J.- This Rule is directed against order No.19 dated 24-5-1998 passed by the Additional Subordinate Judge, Dhaka in Title Appeal No. 48......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214...Category: Procedural Law | Date: | Hits: 90
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ed to take notice that the DCT did not come to any finding that the entry in the books of accounts was not correct or that the assessee was not employing a method of accounting or that such a method had been irregularly employed by the assessee or that the DCI has come to any finding that there has ......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. ...... parties being same they are heard together and are being disposed of by this judgment. 2. Reference application No.43 of 1994 relates to the assessment year 1985-86 and arises out of judgment and order dated 21-3-94 passed in ITA No. 860 of 1989-90 (Assessment year 1985-86) by the Taxes Appellat......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
.... Ed. This Case is also Reported in: 53 DLR (2001) 200. ......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. ......ted and experienced contractor. He got the contract for construction of a barrage over river Manu known as Manu Barrage in the District of Moulvi Bazar. The contract was executed on 8-7-1977 and work order was issued thereon. Due to erosion of the river, the site of the barrage was being changed and......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. ..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
......Opposite Parties Judgment May 25, 2000. Cases Referred To- Md. Habib Vs. State, 4 MLR 334, 52 DLR 105; Latifa Akter Vs. State, 19 BLD (AD) 20, 51 DLR (AD) 159; 46 DLR (AD) 180; Md. Asaduzzaman Vs. Md. Salamatullah, 19 BLD 461; 46 DLR (AD) 180. Lawyers Involved: Khurshid Alam ...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ......accused petitioner issued a cheque in favour of the complainant but issued the cheque was dishonored though it was presented for encashment on three dates. According to him, the accused petitioner in order to cheat the complainant issued the cheque knowing fully well that he had no money in his acco...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ..Category: Criminal Law | Date: | Hits: 42
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
....7. Judgment Mahfuzur Rahman J.- This Rule is directed against an order passed by District Judge, Faridpur on 17-11-97 in Miscellaneous Appeal No.94 of 1997 allowing the appeal on the date of admission hearing without serving any notice to the plaintiff-respondents setting aside the judgment......de in the plaint. 4. When the suit was thus proceeding the plaintiffs filed an application under Order 39 rules 1 and 2 of the Code of Civil Procedure for injunction with a prayer for temporary ad interim injunction for restraining the contesting defendants from entering into the suit land and fr......Md. Shamsul Huda, Advocate—For the Petitioner. Not represented—the Opposite Parties. Civil Revision No. 4532 of 1997. Judgment Mahfuzur Rahman J.- This Rule is directed against an order passed by District Judge, Faridpur on 17-11-97 in Miscellaneous Appeal No.94 of 1997 allowing ....... 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...Category: Procedural Law | Date: | Hits: 81
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