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Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....District Judge, even in appeal, is not subject to challenge before the High Court Division under its present revisional powers. Cases Referred to- Stratus Construction Co. Vs. Government of Bangladesh, 2002 BLD 236; Narayana Swami Vs. Emperor, AIR 1939 PC 47; Gurdial Singh Vs. Central Boar......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ....................Respondent Judgment December 15, 2003. Result: The application is rejected. Order passed by the Joint District Judge, even in appeal, is not open to challenge before the High Court Division, under sub‑section 1 of section 115 of the Code. Sub‑section 1......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ..Category: Civil Law | Date: | Hits: 2
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....hort, is that plaintiff No.1 was given in marriage to defendant No.1, 20 years back in accordance with Hindu Law. Plaintiff Nos.2 and 3 were born out of their wedlock. Defendant No.1 used to serve in Bangladesh Army and he used to torture plaintiff No.1 now and then for dowry. The father of plaintif......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......-For the Petitioner. Nurul Amin and Sakila Rowshan-For the Opposite Parties. Civil Revision No.325 of 1998. Judgment Quamrul Islam Siddiqui J.-This Rule was issued on an application for revision made by the defendant-petitioner under section 115(1) of the Code of Civil Procedure (t......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ..Category: Procedural Law | Date: | Hits: 31
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
....din Ahmed J.- Supplementary affidavit filed on behalf of the petitioners do form part of the main application. This is an application under Article 102 of the Constitution of the People's Republic of Bangladesh challenging Judgment and Decree dated 05.07.2007 (degree signed on 11.07.2007) passed by ......decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......stafa Jaman Islam, Deputy Attorney-General - For the Respondent. Writ Petition No.5536 of 2009. Order Md. Mamtaz Uddin Ahmed J.- Supplementary affidavit filed on behalf of the petitioners do form part of the main application. This is an application under Article 102 of the Constitution of t......decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ..Category: Civil Law | Date: | Hits: 37
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....me Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Md. Moshiur Rahman Khan, Son of A.K.M. Altaf Hossain Khan, Elected Chairman of Bangladesh Mudran Shilpa Samity, 120, Arambagh, Dhaka-1000 and others ………………Petitioner ......ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ......nsed under the Trade Organization Ordinance 1961, (Ordinance No.XLV of 1961) to function as a Trade Organization of the sector printing and packaging Industry. The Chairman of the executive Committee for the year 2007-2009 made a prayer to the director, Trade Organization, Ministry of Commerce, the ......ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ..Category: Business or Commercial Law | Date: | Hits: 72
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
.... Division (Civil Appellate Jurisdiction) Present: Md. Arayesuddin J Md. Abu Tariq J Erria Shipping Pte Ltd and another ………………………. Appellants Vs. Lever Brothers (Bangladesh) Ltd ……………………….. Respondent Judgment February 11, 2009. Result...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ...... Judge (now Joint District Judge) 2nd Court, Chittagong in Money Suit No. 6 of 1980, (re-numbered as Money Suit No. 603 of 1984) decreeing the suit against the defendant appellants. 2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the business o...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......riminal Miscellaneous Case No.5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....d. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ......om 2004 to 2009 by the Government itself. With these observations, this Rule is disÂposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ......e as to why the classiÂfication/inclusion of the services rendered by the members of the petitioner No.1 under the Service Code No.S.014 purportedly in pursuance of section 3(5) of the VAT Act, 1991 for charging and realizaÂtion of VAT and why the SRO No.202 dated 10-6-2010 issued by the responden......om 2004 to 2009 by the Government itself. With these observations, this Rule is disÂposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ..Category: Fiscal/Taxation Law | Date: | Hits: 51
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....essore Bench) (Civil Revisional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan & others…………………………………Petitioners Vs. Govt. of Bangladesh, reÂpresented by the Deputy Commissioner, Jessore & another……………………â......ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, howÂever without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ......sore passed in Title Suit No.839/78 on 16.1.79 should not be set aside. 2. Facts, in short, are that the plaintiffs petitioners filed Title Suit No.839/78 in the Court of 2nd Court Munsif, Jessore for a deÂclaration to the effect that the suit land where, a cattle market sits once in a week is n......ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, howÂever without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ..Category: Property Law | Date: | Hits: 19
Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
.... Md. Nuruzzaman J Md. Arif Hossain, Son of Late Noor Hossain, Village-Amirabad, Police Station-Keraniganj, District-Dhaka and others……………………………………Petitioner Vs. Bangladesh, Represented by the Secretary, Ministry of Works, Government of Bangladesh, Bangladesh Se......es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......Ali J.- This Rule nisi was issued calling upon the Respondents to show cause as to why order dated 17.05.2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing the case for non prosecution should not be declared to have been made without lawful authority and is of no l......es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ..Category: Procedural Law | Date: | Hits: 24
Category: Environmental Law | Date: | Hits: 362
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....ate, 15 BLD (AD) 115; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44; Abdul Quader Chowdhury and others Vs. The State, 28 DLR (AD) 38; Hossain Mohammed Ershad Vs. The state, 14 BLD (AD) 178; Bangladesh Vs. Tan Kheng Hook, 31 DLR (AD) 69; Gazi Mozibul Huq and others Vs. Asid Hossain Baber an......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ...... orders passed as to this Court may seem fit and proper. 2. One Iqbal Kabir lodged an ejahar with the Kotwali Police Station, Barisal alleging, inter alia, that on 18.12.2000 at about 8:00 p.m. informant's daughter Mohoshena Begum @ Era aged about 5 years was lost from the residence of his fathe......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....pposite Parties Judgment September 10, 2007. Result: The Rule is discharged. Case Referred to- Rafiqul Alam Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, 49 DLR 456. Lawyers Involved: JK Paul with Banamali Nandi, Advocates - For the Pet......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......anj, Noakhali in Title Suit No.156 of 2002 should not be set aside. 2. Fact leading to this Rule, in brief, is that the opposite party No.1 as plaintiff instiÂtuted the suit against the defendant for declaÂration that his removal from the post of HeadÂmaster of the Suit School is illegal, inop......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Engineer Shaikh Rubaiyet Islam…………………….Petitioner Vs. Bangladesh & others……………………Respondents Judgment April 11, 2010. Result:......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......dents Judgment April 11, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Water Development Board and others Vs. Golam Rabbani Khan and others, in Civil petition for Leave to Appeal No.1354 of 2006; HD Vora Vs. State of Maharashtra, (1984) 2 SCC 337; State of Ka......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ..Category: Alternative Dispute Resolution | Date: | Hits: 96
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....R (HCD) (2008) 350. ......ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......te……………opposite party 2. Maxim Limited, Taher Chamber, 10-Agrabad Com Area, Chittagong, Represented by its Chief Account & Company Secretary Shamsuddin Ahmed……………Petitioner for addition of opposite party Judgment April 15, 2007. Result: The rule is made absolut......ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ..Category: Criminal Law | Date: | Hits: 114
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
.... 31. He denied the defence suggestion that no forged currency notes were recovered from the accused persons and that he is deposing falsely. 32. P.W.10 Somir Kumar Biswas is the Deputy Director, Bangladesh Bank, Khulna. He deposed that CID police sent 191 pieces of 100 taka notes for examinatio......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......ibunal No. 2, Khulna in Special Tribunal Case No. 319 of 1997 convicting the accused appellants under section 25A of the Special Powers Act and sentencing each of them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6 (six) m......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ..Category: Criminal Law | Date: | Hits: 134
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......e dated 30-7-2000 passed in Title Suit No.133 of 1993 re-numbered as Title Suit No.73 of 1997, by the learned Sub-ordinate Judge, now Joint District Judge, Arbitration Court, Dhaka decreeing the suit for Specific Performance of Contract. 2. Facts, in a nutshell, giving rise to this appeal are tha......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦Opposite-Parties Judgment September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Duli......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......ict Judge, Patuakhali in Title Appeal No.37 of 1978 reversing those of the learned Subordinate Judge of that place in Title Suit No.102 of 1976. 2. The petitioners, as plaintiffs, brought the suit for a declaration that the enemy proÂperty proceeding as described in schedule 'Ka’ to the plaint......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ..Category: Property Law | Date: | Hits: 64
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
....78. ...... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ...... Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why Order dated 17-5-2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing the case for non prosecution should not be declared to have been made without lawful authority and is of no l...... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ..Category: Property Law | Date: | Hits: 66