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Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... 34 DLR 247; Omar Faruk (Md) and others vs Government of Bangladesh and others 51 DLR 118; Hussain Baksh vs Settlement Commissioner 21 DLR (SC) 456; Chairman, BCSIR vs Abdul Khaleque 43 DLR 209. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him) instructed...... as such cancellation of allotment and fresh allotment to others cannot be said to be not legally valid or without lawful authority………………(27) The Code of Civil Procedure (v of 1908), Order XLVII rule 1 The High Court Division is quite competent to take recourse to either revise..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......ners. The High Court Division as well as the assistant judge were quite correct in rejecting the prayer for stay……………………….(6) Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Mvi. Md Wahidullah, Advoca...... Vs. Prafulla Kumar Das and others…….Respondents Judgment November 2, 2003. The Code of Civil Procedure, 1908 (V of 1908) Order XXI rule 29 The petitioners had not been the party in the partition suit no..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......bsp; Cases Referred: Uttara Bank vs. Macnell and Kilburn Ltd. 33 DLR (AD) 298; Gooryonly (BD) Textile Ltd. vs. Chartkar Information Holding Ltd 54 DLR (AD) 70. Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Mvi. Md Wahidullah,......r Vs. Hanvit Bank Kuni Bong Branch and ors………..Respondents Judgment November 2, 2003. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1 The principle is established and settled as per present legal po..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......R (SC) 14; Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986 BLD (AD) 261 = 38 DLR (AD) 246; Moslemuddin Dhali and others Vs. Helaluddin Dhali and others, 41 DLR 120. Lawyers Involved: Md. Mahsin Rashid, Advocate‑ For the Petitioner. Md. Mansur Habib with......ue perspective, on contest by both the parties in the said revisional proceedings without any abuse of the process of the Court. The Rule has no merit. 13. In the result, the Rule is discharged. Order passed earlier staying operation of the impugned judgment and order of the learned Sessions Ju..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......n as to correctness of entries of RS Khatian under section 144A of the Act is revertable by leading evidence by the person challenging correctness of such entries…….(12) Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Shahidul Alam Chowdhury, Advo......ker, Advocate‑on‑Record‑ For Respondent No. 6. Ex‑parte‑ Respondent Nos. 3‑5. Civil Appeal No. 29 of 1997. (From the Judgment and Order dated August 13, 1996 passed by the High Court Division in First Appeal No. 208 of 1995).&nbs..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......gal consideration and convictions by them is nothing but moral conviction not supported by any legal evidence………………………(12) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the App......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Jashimuddin Vs. State, 2004, 33 CLC (AD)
....cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ......e the accused petitioner has admitted his guilt not examination under section 342 is required while convicting and sentencing the accused on the basis of the same…….(5) Lawyers Involved: Md. Nawab Ali, Advocate-on‑Record‑For the Petitione......cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......ant (In both the cases) Vs. Md. Amir Ali and another....................Respondents (In both the cases) Judgment October 20, 2003. Result: The appeals are allowed. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by S. R. Khoshnabish......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......Chowdhury J Abul Kashem Khan……………Petitioner Vs. State………………………………Opposite Party Judgment August 27, 2003 Result: The Rule is made absolute. Lawyers Involved: Harunur Rashid, Advocate ‑ For the Petitioner. Alamgir Kabir, Assistant At......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......bdul Jabbar vs. Azizul Huq and others 46 DLR 460; Nader Ali Sk vs. Bangladesh 1984 BLD (AD) 7; Emperor vs. Nazir Ahmed AIR 1945 Privy Council 18; Shafiqur Rahman vs. NI Chowdhury 35 DLR (AD) 127. Lawyers Involved: Khan Saifur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Reco......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....er East Pakistan during Liberation War of Bangladesh of the year 1971 and their whereabouts were not known and property was enlisted as Abandoned property under President's Order No.16 of 1972. Chief Martial Law Administrator, on behalf of the Government of Bangladesh through Section Officer, Minist...... Gangopadhyay and others, 40 C.W.N. 566; Abdul Hafez and another Vs. Lal Meah and others, 1988 BLD HCD 497; Bangshadhar Mitra and others Vs. Natabar Sardar, being Dead & others, 1 BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with Md. Mofizul Islam, Advocate - For the Appellant. Na......ezwani and others left former East Pakistan during Liberation War of Bangladesh of the year 1971 and their whereabouts were not known and property was enlisted as Abandoned property under President's Order No.16 of 1972. Chief Martial Law Administrator, on behalf of the Government of Bangladesh thro..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......he penal code. The other accused participated in making such deed committed offence under section 463 of the penal code and conviction under section 467 of the penal code is proper. Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Sufia Khatun, Advo......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ...... section 339 (c) (4) of the Code of Criminal Procedure and the petitioner was released as the trial could not be concluded within specified time. So, he is not entitled to all arrear benefits. Lawyers involved: Fazlul Karim, Senior Advocate instructed by M Khaled Ahmed, Advocate‑on‑R......d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......provides inherent power of the court whereas section 153 of the Code of Civil Procedure empowers the court to amend any defect or any error in any proceeding of the suit at any time. Lawyers Involved: Dr. Md. Zahir, Senior Advocate, (Md. Ozair Farooq, Senior Adv......s officio as nothing was left to be done thereafter by the executing Court. 3. That thereafter, decree‑holder‑respondent filed an application on 12‑9‑1999 under Order VI rule 17 of the Code of Civil Procedure in the said execution case praying for amendment of..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......undai Corporation vs. Sumikin Bussan Corporation and others 54 DLR (AD) 88; AIR 1979 SC 1628; AIR 1980 SC 199‑2; AIR 1985 SC 1147 AIR 1988 SC 157; PLD 1965 SC 671 and AIR 1958 MP 393. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior‑Advocate, instructed by S......ional Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate ‑on‑Record -For Respondent Nos. 2‑ 7. Civil Appeal No. 50 of 2000. (From the Judgment and Order dated February 1, 1999 passed by the High Court Division in Transfer Suit No. 1 of 1995). ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......ed by the plaintiff-Bank for installing a branch at the suit premises………….(15) Cases Referred to- 43 CWN 797; 22 DLR 56; 22 DLR (SC) 360; 1987 BLD (AD) 147. Lawyers Involved: Nikhilesh Dutta with Mihir Kanti Majumder, Advocates-For the Petitioners. ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......t and others, 55 DLR (AD) 13; Hazera Begum Vs. Artha Rin Adalat, 54 DLR 78; Sultana Jute Mills Limited Vs. Agrani Bank, 46 DLR (AD) 174; Islami Bank Bangladesh Vs. Md. Shajuddin, 52 DLR (AD) 76.
Lawyers Involved:
Md. Idrisur Rahman-For the Petitioner.
Md. Ziaul Haque-For Respondent No......a Rin Adalat, the provisions of Code of Civil Procedure should be followed and accordingly, instead of invoking writ jurisdiction it was the duty of the petitioner to avail the procedure laid down in Order XXI, rule 90 CPC in setting aside the auction sale.
Cases Referred to-
Antibiotic St..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ....... Cases Referred to- Raja Mohammad Amir Ahmad Khan Vs. Municipal Board of Sitapur and another, AIR 1965 SC 1923; Chandra Nath Mukherjee Vs. Chulai Pashi and another, AIR 1960 (Cal) 40. Lawyers Involved: Fazlul Karim with Khandaker Aminul Huq, Advocates—For the Appellant. ...... trial Court committed no illegality in decreeing the suit and the impugned judgment and decree do not call for any interference by this court. 13. During hearing of the appeal application under Order XLI rule 27 of the Code of Civil Procedure has been filed by the appellant for admission of ad..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......of the Supreme Court may, if necessary, be requisitioned by the government to avoid recurrence of the mistakes committed by officers making/passing the order of detention..……. (31) Lawyers Involved: Dr. Rafiqur Rahman with Khan Saifur Rahman, Advocates‑ For the Petitioners.......ellip;……Petitioners Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment July 29, 2003. Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowe..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ...... others………Appellants Vs. Md. Matiur Rahman and another………………………Respondents Judgment 26th July 2003 Lawyers Involved: Fida M. Kamal, Additional Attorney General, (Borhanuddin, Deputy Attor......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
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