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Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)

....ed not be quashed. For the reasons stated above the Rule is discharged. Send down the records at once. SF Ahmed J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 137. ......er. Matiur Rahman Khan, Advocate -For the State. Amjad Hossain, Advocate -For the Complainant. Criminal Revision Case No. 242 of 1983. Judgment AKM Aminul Islam Chowdhury J.- In this application the accused petitioners have prayed for quashing the proceedings in P. Case No. 1041/82,..

Category: Criminal Law | Date: | Hits: 168

Anwar Ali (Md) Vs. Chairman, Rajdhani Unna­yan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)

....may deem fit to impose: Provided that such sanction shall remain valid for three years from the date of sanction and on the expiry of the period, the applicant shall have to apply for and obtain a fresh sanction. (1a) Notwithstanding anything contained in sub‑section (1), all sanctions obtai......e the Building Construction Act, 1952, came into effect and so there could not have been any violation of section 3 of the Act. However, we find from paragraph 6 of Annexure‑G dated 28.12.88 of the application as well as from the affidavit‑in‑reply submitted by the petitioner dug the premises ..

Category: Property Law | Date: | Hits: 92

Khandakar Amirul Islam Vs. Khandaker Amanullah and others, 1992, 21 CLC (HCD)

....ly discharged without any order as to costs. The connected rule being Civil Rule No.70 (R)/90 is disposed of as being infructuous. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 514. ......1 of the CPC and dismissed the appeal. Being aggrieved by the said judgment and order of the appellate Court below the plaintiff petitioner has moved this Court. The plaintiff petitioner has filed an application for amendment of the plaint under Order 6 rule 17 of the CPC in this Court. The said com..

Category: Procedural Law | Date: | Hits: 130

Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)

....the judgment and decree of the trial court and sent the case on remand for retrial to enable the plaintiff to bring the representative of the plaintiff No.14 on record. The court also directed that a fresh judgment and decision should be given in the suit. Accordingly a fresh decision by another tri...... filed on 23.12.46. According to Mr. Chowdhury, the cause of action arose on the date when the first obstruction was created and the plaintiffs filed a criminal case and thereafter they also filed an application under section 133 of CrPC and that the criminal case and the proceeding under section 13..

Category: Civil Law | Date: | Hits: 147

Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)

....eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......suit (TS No.62 of 1990). His simple submission is that both the suits be tried analogously since the parties, subject matter, cause of actions in both the suits are identical and, for that purpose an application under section 151 CPC was filed for consolidation of both the suits. It is further submi..

Category: Property Law | Date: | Hits: 112

Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)

....s from the date of receipt of this Judgment and order. The order of stay of all further proceedings of the suit shall continue till disposal of the application of the defendant under Order 37 rule 4 afresh in accordance with law. The other 2 orders namely, orders dated 23‑7‑94 and 30‑7‑94 pa......For the Petitioner. Md. Abdus Sobhan with Md. Ahsanullah Chowdhury, Advocates ‑ For the Opposite Party. Civil Revision No.2735 of 1994. Judgment Md. Ansar Ali J.- This Rule comes out of application by the plaintiff petitioner under section 115(1) of the Code of Civil Procedure and is d..

Category: Procedural Law | Date: | Hits: 125

Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)

....h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ......the Court of Joint District Judge, 2nd Court, Chittagong claiming the ownership of the 3,000 MT of Crude Palm Olein in question. In that case seller Walmar Trading PTE Ltd. as defendant No.1 filed an application under Order 7 rule 11 of the Code of Civil Procedure for rejection of the plaint of Othe..

Category: Fiscal/Taxation Law | Date: | Hits: 172

Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......amount of Taka 15, 47,901.74. House Building Finance Corporation filed Money Execution Case No.6 of 2002 for realizing decreetal amount. Petitioner as soon as came to know of the execution case filed application for setting aside the ex-parte decree on the ground that the petitioner deposited Taka 2..

Category: Civil Law | Date: | Hits: 198

Mohiuddin Ahmed and others Vs. State, 2011, 40 CLC (HCD)

....ated 2-11-1993 under the section 506 of the Penal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ......itioner. Farid Ahmed, Deputy Attorney-General with Ms. Beadura Ansery, Assistant Attorney-General - For the State. Criminal Revision No.1846 of 1993. Judgment Md. Ashfaqul Islam J.- In an application under section 561A of the Code of Criminal Procedure this Rule was issued calling upon t..

Category: Criminal Law | Date: | Hits: 90

Usha Chemical Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (HCD)

....in a period of 3 months from the date of receipt of this order. With this direction this Writ Petition is sum­marily disposed of. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 563. ...... The Writ Petition is sum­marily disposed of. Lawyers Involved: Manzil Murshid, Advocate - For the Petitioner. Writ Petition No. 8042 of 2008. Order ABM Khairul Haque J.- This is an application under Article 102 of the Constitution of the People's Republic of Bangla­desh. 2. It..

Category: Fiscal/Taxation Law | Date: | Hits: 280

Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)

....of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490....... that the cheque was dishonoured but non‑payment of the demand resulted in institution of the suit. 3. The opposite parties appeared on 23.11.88 in response to service of summons and filed an application for time to file written statement and the court by an order on that date allowed the ap..

Category: Procedural Law | Date: | Hits: 155

Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......d and it was not possible to release the said building to Respondent No.3. The said Writ Petition and the Rule was discharged for non‑prosecution on 18.3.1987. 4. The Respondent No.3 filed an application under section 7 of Ordinance No. LIV of 1985 before Respondent No.4 the Court of Settlem..

Category: Property Law | Date: | Hits: 158

Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)

....ction to disturb the final findings of facts on the ground mentioned in section 115 of the CPC without reversing the findings of the courts below and it cannot superimpose itself as a third Court for fresh application of evidence which is not its function and thereby it exceeded its revisional juris......rdinate Judge, 1st Court, Narayangonj for disposal, the court after considering the evidence on record allowed the appeal against which the defendant-respondent ­petitioner preferred this revisional application and obtained the present Rule. 6. Mr. Ibrahim Mollah, the learned Advocate appearing ..

Category: Property Law | Date: | Hits: 144

Deputy General Manager, Rupali Bank Limited and another Vs. Nazrul Islam Patwary and others, 1992, 21 CLC (HCD)

.... of law and thus call for no interference from this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 406.......the appeal. As against the said judgment and decree passed by the learned Munsif affirming the judgment and decree of the trial Court the defendant‑appellants petitioners have filed this revisional application before this court and obtained the present Rule. 6. Mr. Md. Ruhul Amin, the learne..

Category: Labour and Industrial Law | Date: | Hits: 233

Syed Mozammel Huq Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others, 1991, 20 CLC (HCD)

.... 154.00 per month as he is not a Government Servant who alone can pay rent at the rate of 7 1/2,% of salary and that too, if he has no house of his own. The respondents are at liberty to evict him by fresh order on the ground that he does not reside there and has inducted illegally other persons the......e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 403...

Category: Property Law | Date: | Hits: 160

Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)

....on attached by the receiver or the Magistrate part of the bid money deposited by the bidder cannot be forfeited on his failure to deposit the balance of the bid money but the bid can be cancelled and fresh auction held. In that view of the matter decision in the case of Abdul Hamid Vs. State reporte......e money and the bid was accepted by the Magistrate on 6.9.88. Thereafter by notice dated 10.9.88 and 12.9.88 the bidder was asked to deposit the balance amount by the receiver. In the meantime on the application of the previous lessees Abul Kashem and others in Criminal motion No.107 (3) of 1988, th..

Category: Others | Date: | Hits: 172

Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ......e, Advocates‑For the Petitioner. AY Salehuzzaman, Deputy Attorney‑General‑For the Respondents. Writ Petition No.2530 of 1991 Judgment Md. Abdul Jalil J.- This Rule was issued on the application of the petitioner Mr. Rafique‑Ul Huq calling upon the respondents, namely, Bangladesh ..

Category: Business or Commercial Law | Date: | Hits: 601

James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)

....llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......stance of the defendant-­appellant is directed against an order dated 26.1,91 passed by Mr. Md. Abdus Samad, Subordinate Judge, Artha Rin Adalat, Rajshahi in Mortgage Suit No.259 of 1991 allowing an application of the plaintiff under Order 38 rule 5 of the Code of Civil Procedure for attachment of ..

Category: Civil Law | Date: | Hits: 169

Abdul Latif Vs. Principal, Residential Model School, Mohammadpur Dhaka and another, 1987, 16 CLC (HCD)

.... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 392. ......olved: MA Sattar, Advocate ‑ For the Petitioner. Md. Lutfar Rahman Majumdar, Advocate ‑ For the Opposite Parties. Civil Revision No.748 of 1984. Judgment Abdul Bari Sarker J.- This application under section 115 of the Code of Civil Procedure is directed against the Judgment and or..

Category: Procedural Law | Date: | Hits: 132

Abul Bashar Vs. The State, 1992, 21 CLC (HCD)

.... is thus made absolute. The petitioner should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 391. ......ate – For the Petitioner. RI Bakshi Assistant Attorney General ‑ For the State. Criminal Revision No.266 of 1992. Judgment Abdul Bari Sarker J.- This Rule arises out of an application under section 561A of the Code of Criminal Procedure and is for quashing the proceeding ..

Category: Criminal Law | Date: | Hits: 104