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Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)

....ice as members of Parliament having been elected from Constituency No. 133, Tangail 1 and Constituency No. 260, Chandpur 1. 3. It is claimed by the petitioner in Writ Petition No. 953 of 1998 as a voter of the said Constituency of Tangail that respondent No. 1 being a Citizen of Bangladesh acquir......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42...

Category: Administrative Law | Date: | Hits: 356

Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)

....ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......iled by the plaintiff-opposite party No. 1 under section 151 of the Code of Civil Procedure restoring the Title Suit No. 139 of 1999 arising out of Title Suit No. 32 of 1995) to its original file and number. 2. The short facts for the purpose of disposal of this Rule are that the opposite party N..

Category: Civil Law | Date: | Hits: 69

Mirza Shahab Ispahani Vs. Government of the Peo­ples’ Republic of Bangla­desh, 1987, 16 CLC (HCD)

....tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......t of the United Kingdom even today. He cannot take advan­tage of Article 2(ii) of President's Order No, 149 of 1972. 17. Mr. Rafique-ul-Huq, however, submits that considering the plight of a vast number of Banglade­shi citizen who were residents in United Kingdom during the entire period of lib..

Category: Immigration and Citizenship Law | Date: | Hits: 188

Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)

....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72....... deal­ing in such matters would not be prohibited in mak­ing the payment because of any dispute between the buyer and the seller and in support to this contention the learned counsel has referred a number of decisions namely that reported in 33 DLR (A.D) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1..

Category: Business or Commercial Law | Date: | Hits: 209

Titas Gas Transmission and Distribution Company Ltd. Vs. Habib Oil Mills (BD) Ltd., 2001, 30 CLC (HCD)

....eceipt of the copy of this judgment. In the result, the Rule is disposed of with the aforesaid observation without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 35. ......times and thus an amount of Taka 47,77,250.18 was paid in excess payment than the actual meter reading under protest. Challenging the aforesaid illegal realisation of gas bills a writ petition being, number 7630 of 1997, was filed before the High Court Division and the Division Bench of the Hon’bl..

Category: Civil Law | Date: | Hits: 115

Paul Reinhurt Limited and another Vs. Prime Textiles Spinning Mills Ltd. and others, 2001, 30 CLC (HCD)

....Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name. Ed. This Case is also Reported in: 54 DLR (2002) 17.......bitration and accordingly, set aside the order of stay. In Pratabmull Rameshwar vs KG Sethia Ltd., AIR 1960 Calcutta 702, a suit was instituted for declaration that certain jute contracts (four in number) and the Arbitration agreements contained therein are void and unenforceable, that such award..

Category: Civil Law | Date: | Hits: 101

Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)

....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......isputedly, on an application under section 151 of the Code by the pre‑emptees opposite party Nos. 1 and 2, the learned Assistant Judge restored the Miscellaneous Case No. 37 of 1993 to its file and number upon setting aside the dismissal order dated 16‑11‑93. The legal question that has been a..

Category: Property Law | Date: | Hits: 36

Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)

....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. ......ed Munsif at Upazila Pirgachha, Rangpur allowing an application made under section 151 of the Code by the pre-emptor opposite party and restoring the Miscellaneous Case No. 31 of 1984 to its file and number on setting aside the order of dismissal for default. 2. This case exposes the dismal condi..

Category: Civil Law | Date: | Hits: 69

Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)

....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.......regarding prima facie and arguable case of the plaintiffs and balance of convenience and inconvenience of the parties. The learned Advocate further submits that the plaintiff-school submitted a large number of documents such as sale certificate, copy of the writ of delivery of possession, several re..

Category: Property Law | Date: | Hits: 21

Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)

....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. ......he case property including the respondent Nos. 7-14 in the said writ petition the government was directed to hand over the vacant possession to the petitioner. 25. It further appears that he filed number of civil suits against the tenants of the case property for their eviction. 26. Whole argu..

Category: Anti-Corruption Laws | Date: | Hits: 232

Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)

.... 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.......witnesses, at least the material evidence, examined by the prosecution and to assess its evidentiary value. It is true, the Court has the right to believe or disbelieve a particular witness or even a number of witnesses on assigning reasons but it has no right to ignore the evidence on record and to..

Category: Criminal Law | Date: | Hits: 30

Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)

....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. ......4‑1985. 2. On 23‑5‑1991 respondent No. 1 Md. Seraj-ud‑Dowla instituted Title Suit No. 176 of 1991 in the 2nd Court of Subordinate Judge at Dhaka, which was on transfer to the above court renumbered as Title Suit No. 14 of 2001. Plaintiff instituted the suit for specific performance of a c..

Category: Civil Law | Date: | Hits: 78

Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)

....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.......ted in cross-examination that the letters comprising 51 pages as were shown to her during cross-examination were love letters written by her to the accused appellant and that the photographs, four in number, which were also shown to her during cross-examination were the intimate photographs of her a..

Category: Criminal Law | Date: | Hits: 43

National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)

.... 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. ......77 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. This suit was decreed on 24‑5‑1993. First Appeal No. 204..

Category: Business or Commercial Law | Date: | Hits: 202

Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)

....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. ......nd non-service of summons and being unsuccessful filed appeal which was also without any fruit and that on the self-same allegation has filed the instant suit i.e. Other Suit No.14 of 1988 previously numbered Other Suit No. 27 of 1987 of the court of Assistant Judge, Teknaf. 3. Plaintiff in the p..

Category: Civil Law | Date: | Hits: 66

Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)

.... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......the plaintiff had to retrench those staffs for which he had to pay Taka 1.43 lac to those staffs and in support of this the plaintiff produced Exhibit 15 from which it appears that he employed a good number of staffs for running the mill and admittedly they were retrenched when the mill was closed d..

Category: Civil Law | Date: | Hits: 72

Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)

.... expediti­ously. Communicate a copy of the judgment imme­diately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......eration War Affairs and the respondent No. 4 is the Secretary, Ministry of Estab­lishment. The petitioners impugn the arbitrary and mala fide actions of the respondents in excluding the registration number of 292 examinees, including the petitioners in the 23rd BCS (Special) Examination, 2000 quali..

Category: Employment/Service Law | Date: | Hits: 134

Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)

....er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......map in the schedule 'Kha' to the plaint and also for perpetual injunction for restraining defendant Nos. 2 to 5 from raising any wall and obstructing in any way the pathway. The suit was ultimately renumbered as aforesaid Title Suit No. 38 of 1991. 3. Plaint case, in short, is that the plain..

Category: Property Law | Date: | Hits: 30

Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)

....ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ......ame was not traceable and accordingly, the port authority issued a short landing certificate in respect of the said 37 bales of cotton on 14-7-1976. The defendant No. 3 intimated the plaintiff that a number of bales of cotton in loose and bond burst and torn condition were lying in port shed and req..

Category: Civil Law | Date: | Hits: 87

Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......default the bank in its turn has the right to recover the said dues in accordance with law. However, on the prayer of the petitioner-company the respondent bank has re­scheduled the loan amount on a number of occasions and the petitioner company in response to it has accepted the said re-scheduleme..

Category: Civil Law | Date: | Hits: 133