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Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)

.... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548.......on for restoration of the said First Appeal No.75 of 1990 and the High Court Division was pleased to vacate the dis­missal order dated 24.01.2000 and the appeal was restored to its original file and number. 3. The respondent Bank filed Title Execution Case No.40 of 1989 on 17.06.1989 in the Cour..

Category: Civil Law | Date: | Hits: 73

Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)

....f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284.......eous Case under Order 9, rule 13 of the Code of Civil Procedure which was directed for restoration of a suit on setting aside an ex parte decree, dismissed for default can be restored to its file and number on the strength of a Miscellaneous Case under Order 9, rule 4 of the Code of Civil Procedure ..

Category: Procedural Law | Date: | Hits: 83

Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)

....urt Act, 1887 and Muhammad Zulfikar Vs. Abul Kalam Chowdhury and others, 42 DLR 21 and 1990 BLD (AD) 58, 42 DLR (AD) 83 have been relied upon in support of the said argument. (ii) The right of 555 voters have been snatched away by striking out their names from Electoral Rolls and by that the elec......secured his success in election. 11. Petitioner resisted Election petition on presentation of written objection with contention that he is the inhabitant of old Ward No.1 after re-organisation was numbered as new ward Nos. 2 and 3. In the year 1997 opposite party was Chairman of Union Parishad an..

Category: Election Law | Date: | Hits: 89

Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)

.... 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.......land. 4. The learned Munsif after hearing decreed the suit but on appeal, the Appellate Court sent the suit back to the trial Court on remand for fresh trial. 5. In the meantime, the suit was renumbered as Title Suit No. 570 of 1984 on being transferred in the Court of Munsif, Faridganj. The p..

Category: Civil Law | Date: | Hits: 94

Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....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.......e ‘D’) should not be disposed of expeditiously stating, inter alia, that the petitioner was a permanent Nikah Registrar for Ward Nos.15, 16, 17 of Dhaka City Corporation which were subsequently renumbered as Ward Nos. 46, 47 and 48. Upon the allegation of solemnisation of marriage of a minor cou..

Category: Constitutional Law | Date: | Hits: 109

Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

.... 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.......CT has referred to certain materials in estimating the family expenses. The figures of family expenses have been affirmed by the AJCT and in affirming the family expenses he also took due note of the number of the family members, telephone expenses, maintenance of ground and payment of wages to the ..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....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. ......nd, as such, no actual payment of the same is required. The learned Advocate further submits that provisions of claiming bad debt has not been followed by the assessee company but since there is huge numbers of defaulters of the assessee-applicant 2-1/2% of the overdue bad debts are deducted and thi..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467....... plea of leave taken by him as vest­ed and non-resident property and said Md. Siddiqur Rahman and others filed Title Suit No.106 of 1981 before the Court of Munsif, Manikganj which subsequent­ly, renumbered as Title Suit No.215 of 1984 and on 30.06.1987 the decree was passed declaring the title of..

Category: Property Law | Date: | Hits: 91

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)

....he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......00 shares in the Company in favour of the petitioner on 26.12.2002 and as a conse­quence thereof the petitioner acquired a total of 40, 22,000 (forty lac twenty two thousand) shares out of the total number of 61,00,000 shares, which is approxi­mately 66% of the total shareholding in the Company. T..

Category: Company Law | Date: | Hits: 197

Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)

....reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ...... of that Municipality till a Pourashava is con­stituted in accordance with the provi­sions of this Ordinance. (2) That Government may, where nec­essary, appoint a committee consist­ing of such number of members as it deem fit to assist the Administrator in discharge of his functions. (3) T..

Category: Election Law | Date: | Hits: 92

Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)

.... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ...... from the date of purchase the plaintiff No.1 merged the said purchased land with his northern part and thus became exclusive possession of total 2nd schedule land. But due to wrong insertion of plot number and area the defendants denied the title of the plaintiff in the suit land of plot No.1350 de..

Category: Property Law | Date: | Hits: 26

Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)

....n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ......regard. 12. We have given our utmost attention to the pollution created by the Tanneries, the Dying Industries, the Textile Industries, and other Industries. We are also not unmindful of the large number of workers engaged in those industries. But we have to weigh the crisis that may be created b..

Category: Environmental Law | Date: | Hits: 279

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ...... raw materials, chemical effects, production process and discharge of gaseous, liquid and solid pollutants to the natural environment. After the survey, the respondent no.2, by a notification bearing number EPC/8.1/4c-1/85/419 dated 5.6.1986, published in the Bangladesh Gazette on 7th August, 1986, ..

Category: Environmental Law | Date: | Hits: 345

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... and day out during the tenure of their office. In view of our aforesaid discussions, the application is summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 332. ......mains true, valid and effective till to-day insofar as individual infraction there are concerned. But when a public injury public wrong or infraction of a fundamental right affecting an indeterminate number of people is involved it is not necessary, in the scheme of our Constitution, that the multit..

Category: Constitutional Law | Date: | Hits: 126

Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....ase. His allegation, inter alia, and, in short, is that he was although a member of that Chamber and his name along with five others (five others are not petitioners) were included in the preliminary voters list as voters for the disputed election as required under Article 15A(v) of the Memorandum o......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ..

Category: Business or Commercial Law | Date: | Hits: 204

Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)

.... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ......consideration before the Supreme Court of Pakistan in the Case of Yousuf and Brothers Vs. Mirza Mohammad Mahdi Pooya and another reported in 16 DLR (SC) 619. The Supreme Court held relying upon good number of decisions the principle that in the absence of a counter appeal being filed a decree again..

Category: Family Law | Date: | Hits: 152

Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)

.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ...... ‘In every High Court, there are at least 4 to 5 judges who are practically out every evening, wining and dining either at a lawyer’s house or a foreign embassy.’ He estimated the number of such Judges around 90 and favour transferring them to other High Courts. “Practic..

Category: Criminal Law | Date: | Hits: 49

Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)

....f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ...... hereby set aside. The Miscellaneous Case No.37 of 1995 under Order 41, rule 19 of the Code of Civil Procedure is hereby allowed and the Title Appeal No.118 of 1986 is hereby restored to its original number and file. Since considerable period of time has already elapsed till filing of the tit..

Category: Property Law | Date: | Hits: 29

Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)

....িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......f prosecution. Subsequently, upon an application filed by the plaintiff opposite party No. 8 under Order IX, rule 9 of the Civil Procedure Code, it was ordered to be restored to its original file and number in the Miscellaneous Case No. 17/1990. While ordering restoration of the suit the learned Ass..

Category: Civil Law | Date: | Hits: 80

Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)

....s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......State aforesaid plot Nos. 49, 49A, 49B and 49C together with the buildings and structures standing thereon under section 5(2) of the said Act by the judgment and order dated 7-6-1993. Hence the above-numbered appeals will be disposed of by this judgment. 10. Before we discuss the arguments advanc..

Category: Property Law | Date: | Hits: 33