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Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....e Rule Their petition succeeded to engender a Rule in following terms: “Let a Rule Nisi issue calling upon the respondents to show cause as to why they should not be directed to evolve and formulate a National Strategy Policy through Parliament ensuring appropriate participating interest ......ome to an end altogether. There is a need to accelerate the pace of exploration to sustain current and future production levels. 27. By an order dated 3rd December 2001, this Division, allowed an amendment application the petitioners preferred, wherefor the prayer part is now to be read as follo......as catalogued above. We are obviously not geared to dissect the wisdom or the virtues of the Policy. 62. It is not Mr. Razzak’s case that no policy exists, neither is he opposed to PSCs. His complaint orbits round the proposition that the Policy has been framed by the Executive, while it shoul..Category: Constitutional Law | Date: | Hits: 231
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....the Code of Civil Procedure is directed against the order dated 6-3-1991 passed by the learned Assistant Judge, Additional Court Rajshahi in OC Suit No. 402 of 1982/69 of 1990 allowing an application for amendment of the plaint by way of striking out the name of the deceased sole defendant and addin......Code of Civil Procedure is directed against the order dated 6-3-1991 passed by the learned Assistant Judge, Additional Court Rajshahi in OC Suit No. 402 of 1982/69 of 1990 allowing an application for amendment of the plaint by way of striking out the name of the deceased sole defendant and adding th......cedure is directed against the order dated 6-3-1991 passed by the learned Assistant Judge, Additional Court Rajshahi in OC Suit No. 402 of 1982/69 of 1990 allowing an application for amendment of the plaint by way of striking out the name of the deceased sole defendant and adding the names of his le..Category: Property Law | Date: | Hits: 71
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....nahar……………………….Opposite Party. Judgment June 24, 1999. Case Referred to- Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 43 DLR 543. Lawyers Involved: Lucky for Mashuque Hossain Ahmed, Advocates—For the Petitioner. Farida Begum (Khan), Advocate—For t......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......der section 115 of the Code of Civil Procedure. 3. For the answer the precise facts forming the background of the Rule may be set out which are as follows: (a) The opposite party of the Rule as plaintiff laid a suit being Family Suit No.86 of 1990 before Family Court and Senior Assistant Judge..Category: Procedural Law | Date: | Hits: 67
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....dinate Judge Munshiganj in Money Suit No.1 of 1991. 2. The Respondent as plaintiff instituted Money Suit No.1 of 1991 in the Court of Subordinate Judge, Munshiganj against the defendant-appellants for a decree of Taka 87,75,000.00 as damage. The plaintiff in the suit is Alhaj Muhammad Nurul Islam......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......his appeal at the instance of the defendants is directed against the judgment and decree dated 19-1-1994 passed by the Subordinate Judge Munshiganj in Money Suit No.1 of 1991. 2. The Respondent as plaintiff instituted Money Suit No.1 of 1991 in the Court of Subordinate Judge, Munshiganj against t..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....t those dated 28.4.1999 passed by the Second Commercial Court, Dhaka in Title Suit No. 1 of 1996 decreeing the suit. 2. The above title suit was filed by Aziz Pipes Ltd., a Public Limited Company for a decree of Tk. 1,44,39,817/- claiming that the said amount was realized by the defendant Bangla......below:- Government of the People's Republic of Bangladesh Ministry of Finance Finance Division MF/Inv.III/FI-45/82-71 Dated February 20,1985 NOTIFICATION The following amendment is made in this division's Notification No. MF/Inv. III/FI-45/82-514 dated August 28, 1983......ee of Tk. 1,44,39,817/- claiming that the said amount was realized by the defendant Bangladesh Shilpa Rin Sangstha (BSRS) in excess while making recovery of the loan of Tk. 2,25,40,000/- given to the plaintiff by the BSRS. 3. The plaintiff took the loan from BSRS for a project located at Shibram..Category: Civil Law | Date: | Hits: 126
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.....) ………..Petitioner Vs. Md. Mokarram Ali and others ……….Opposite Parties. Judgment March 15, 2001. Lawyers Involved: Mir Mokhlesur Rahman with Nasrin Parvin, Advocates—for the Petitioner Md. Asaduzzaman Advocate- For the opposite Party No. 1 AFM Zubair, Advocate- f...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......in Title Appeal No. 262 of 1990 modifying those dated 13-11-90 passed by Subordinate Judge at Kushtia in Title Suit No. 33 of 1985 in decreeing the suit in its entirety. 2. Opposite Party No. 1 as plaintiff instituted the suit for specific performance of an agreement for sale of land measuring ab..Category: Property Law | Date: | Hits: 91
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....te Judge, 1st Court, Chittagong Sadar in Miscellaneous Case No.493 of 1990 should not set aside and or pass such other or further orders as to this Court may deem fit and proper 2. The short facts for the disposal of the Rule is as follows. 3. One Abdul Mannaf Contractor the predecessor of opp......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......urther orders as to this Court may deem fit and proper 2. The short facts for the disposal of the Rule is as follows. 3. One Abdul Mannaf Contractor the predecessor of opposite party Nos.1-8 as plaintiffs filed SCC Suit No.155 of 1985 in the Court of the Subordinate Judge, 1st Court, Chittagon..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....eting No.8823 dated 13-9-2000 (Annexure-B to the petition) of the Board of Chittagong Port Authority, the respondent No.1, which found respondent No.8 as a non-responsive bidder in respect of the bid for supply of four Rail Mounted Quay Gantry Cranes (QGC) with necessary spare parts and services and......ned Counsel appearing on behalf of the petitioner, submits that the last date of submission of the bid was 19-6- 2000, subsequent to the submission of the bid there was no scope for any correction or amendment of the bid. 11. Mr. Rokanuddin Mahmud, the learned Counsel appearing on behalf of the r...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
..... Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.186 of 1978. 2. Short facts relevant for the purpose of the case are that the opposite party as plaintiff instituted a suit in the 3rd Co......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.186 of 1978. 2. Short facts relevant for the purpose of the case are that the opposite party as plaintiff instituted a suit in the 3rd Court of Subordinate Judge. Dhaka being Money Suit No.186 of ..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... 1966 Punjab 393); re P. An Advocate, AIR 1963 (SC) 1313. Lawyers Involved: KS Nabi, with Sheikh Md. Serajul Islam, Khaled Hamid Chowdhury, Md. Shahed Au Jinnah and Kazi Rehan Nabi, Advocates—for the Petitioner. Tania Amir with Manzill Murshid- for the Respondent No. 1. Writ Petition N......3) of section 8 in substantially same terms are continuing in the RP Act, 1981, laying down the disqualification on conviction making an exception only in case of sitting members, in spite of several amendments in the Act. If Shri Rajendra Singh is right in contending that the word ‘convicted’ i...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....d party opposite party. 2. This Rule arises out of the following facts: Petitioner instituted title Suit No.180 of 1986 in the 1st Court of Subordinate Judge, Dhaka against late Md. Jalaluddin for Specific Performance of Contract for sale of schedule ‘Ka’ property. During pendency of the ......fective, the vendor shall be bound to execute a sale deed in respect of House No.78, Sultanganj, Rayer Bazar. It further appears from the record that decree holder petitioner filed an application for amendment of the plaint on 15-11-1998 on the ground that the vendor has already transferred some and......laluddin died and his heirs have been substituted in the suit and they were brought on record. Ultimately, the suit was decreed on the basis of solenama filed in the Court on 3 1-10- 1996 between the plaintiff and the heirs of Md. Jalaluddin, Pursuant thereto the decree was drawn up on 20-2-1997. Pe..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....in Mouza Jat Amrul, Police Station Atrai, District Rajshahi without any interference from the principal defendants. After the institution of the suit, the plaintiff petitioner filed an application for injunction restraining the principal defendants from leasing out the Waqf portion of the Ahsango......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......6-4-1983 of the learned Subordinate Judge, Naogaon in Other Class Suit No.114 of 1982. 2. Petitioner instituted the suit seeking the following declaration— (a) that upon grounds stated in the plaint a decree may be passed declaring that the plaintiff has the right to hold the Waqf portion of..Category: Property Law | Date: | Hits: 105
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
.... J.- This Rule at the instance of defendant-appellant-petitioner was issued calling upon the opposites to show cause as to why the impugned judgment and decree so far it relates to remand of the case for fresh trial passed in Title Appeal No.168 of 1996 dated 28th June, 1998 and the decree signed on......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......his Rule, is that the defendant- appellant-petitioner namely, Mr. Abdur Razzaque Mollah is an inhabitant of Bagerhat District and by profession a Barrister-at-Law practicing in London since long. The plaintiff-opposite party No.1 namely, Md. Qayum Mollah is a resident of Bagerhat district and by pro..Category: Civil Law | Date: | Hits: 71
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....sed by the Special Tribunal No.5, Kishoregonj in Special Tribunal Case No.16 of 1998 should not be quashed. 2. It appears that the petitioner has been convicted under section 19(f) of the Arms Act for keeping illegally in his possession one kiris and two knives. The learned Advocate for the petit...... domestic or agricultural uses as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons.” 9. In Pakistan, amendment of the Act was first made by the West Pakistan Arms Ordinance, 1965 by the Amendment Act 3...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....997 setting aside judgment and decree dated 29-5-1997 passed by learned Assistant Judge, First Court, Dhaka in Title Suit No.368 of 1985 should not be set aside. 2. The only question that survives for determination in this Civil Revision Petition is whether the principle of promissory Estoppel is......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......in favour of petitioner. 3. For the purpose of answering the said question posed portrayal of essential facts may conveniently be noticed and stated. 4. Petitioner of Civil Revision Petition as plaintiff on 17-8-1985 laid a suit being Title Suit No.368 of 1985 in the First Court of Munsif (now..Category: Property Law | Date: | Hits: 83
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....lication No. 27 of 1992 Bangladesh Chemical Industries Corporation is the respondent and revenue is the applicant. 4. In these four reference applications the Taxes Appellate Tribunal treated the aforesaid corporations as Local Authority and exempted them from paying taxes under section 4(3)(iii)......anagement of a Municipal or local or any corporation or other body or authority constituted or established by the Government under any law. Thus the original definition has drastically changed by the amendment which now extended meaning which includes any corporation which is brought into existence ......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
....rders passed as to this Court may seem fit and proper. 2. Facts, in short, are that the petitioner as plaintiff instituted Title Suit No. 22 of 1990 in the Court of Senior Assistant Judge, Barisal for declaration of title and for partition of 1.95-acre of land out of 4.18 acres of land in the sch...... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......t No.22 of 1990 dismissing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts, in short, are that the petitioner as plaintiff instituted Title Suit No. 22 of 1990 in the Court of Senior Assistant Judge, Barisal for d..Category: Property Law | Date: | Hits: 102
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....7-2000 passed by the Subordinate Judge and Commercial Court No. 1 at Dhaka in Title Suit No. 82 of 1997, which dismissed the suit. 2. On 28-5-95 the plaintiff instituted Title Suit No. 166 of 1995 for eviction of defendant No. 1 from the suit land measuring about 300 square yards with structures ......a single Judge. 26. On careful perusal of the plaint we find that learned Advocate could not be sure as to how to seek the relief in the facts and circumstances of the case. There is more than one amendment by both parties. Even thereafter, when in the written statement of the defendant No. 1 it ......th Md. Kabir Hossain Advocates—For the Appellant. Md. Nazibur Rahman with Shafiqul Alam, Advocates—For the Respondents. First Appeal No. 518 of 2000. Judgment Md. Abdur Rashid J.- The plaintiff presented the appeal against the decree dated 30-7-2000 passed by the Subordinate Judge an..Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....edure against the judgment and order dated 7-4-2004 passed by Second Court of Additional District Judge at Dhaka dismissing Miscellaneous Appeal No. 299 of 2003 and No. 335 of 2003. 2. Short facts for disposal of the Rule are that, on 9-8-03 opposite party Nos. 1 and 2 as plaintiffs instituted Ti...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......f Additional District Judge at Dhaka dismissing Miscellaneous Appeal No. 299 of 2003 and No. 335 of 2003. 2. Short facts for disposal of the Rule are that, on 9-8-03 opposite party Nos. 1 and 2 as plaintiffs instituted Title Suit No. 276 of 2003 in the Second Court of Senior Assistant Judge at Dh..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
.... at Rajbari in Title Appeal No. 162 of 2001 reversing those dated 4-9-01 passed by the Subordinate Judge, Court No. 1 at Rajbari in Title Suit No. 23 of 1995. 2. The plaintiffs instituted the suit for partition. Defendant Nos. 1 to 8 and 30 who are opposite party Nos. 1 to 9 herein contested the ......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......: Muzibur Rahman Miah, Advocate—For the Petitioners. Garib Newaz, Advocate—For Opposite Party Nos. 1 to 8 and 30. Civil Revision No. 2808 of 2002. Judgment Md. Abdur Rashid J.- The plaintiffs obtained the Rule against judgment and decree dated 30-4-02 passed by the District Judge ..Category: Property Law | Date: | Hits: 70
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