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Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)

....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......e 6 of President’s Order No.142 of 1972. This objection was neither raised in the pleading nor it was raised during the trial nor even at the stage of hearing the appeal. While arguing a revisional application under section 115(1) of the Code of Civil Procedure, such an objection has been for the ..

Category: Procedural Law | Date: | Hits: 129

Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)

....should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......orted merchandise released and thereupon marketed the same, that on 7-7-92 petitioner upon depositing the requisite fees applied for renewal of the Licence of the Bonded ware-house and that while the application for renewal of the Licence was pending then the Customs Authority by a letter dated 1-10..

Category: Fiscal/Taxation Law | Date: | Hits: 189

State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)

....ications tendering unqualified apology but in the said applications they tried to justify their action. When the matter came up for hearing learned Advocate for the contemners prayed for time to file fresh affidavits tendering unqualified and unconditional apology. Today contemners filed 3 separate ......, Assistant Secretary, Section 9, Ministry of Land to show cause as to why they shall not be prosecuted for committing contempt of Court for making false statement regarding rejection of a revisional application. 2. Contemners earlier filed applications tendering unqualified apology but in the sa..

Category: Criminal Law | Date: | Hits: 87

Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)

....First Court, Patuakhali for disposal of the Miscellaneous Case in ac­cordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......nal plaintiff, failed to ap­pear when the suit was called on for hearing and the learned Munsif dismissed the suit for default by his order dated 18.6.84. Thereafter on 4.8.84 the plaintiff filed an application under Order 9, rule 9 and section 151 of the Code of Civil Procedure praying for resto­..

Category: Limitation Law | Date: | Hits: 275

Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)

....ent and order passed in Miscellaneous Appeal No.242 of 1980 by the Subordinate Judge, Lakshmipur be set aside and the appeal is remanded to the said Court and it is directed that the appeal be heard afresh in accor­dance with law in the light of the observation made above taking into consideration ...... acre which was sold in auction for a sum of Rs. 19/- being the arrear rent for the land. 3. It appears from the plaint that the auction took place on 6.2.64 and it was confirmed on 9.3.64 and the application for setting aside the sale mainly on the ground of fraud was made on 29.5.76. The ap­pl..

Category: Property Law | Date: | Hits: 106

Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)

....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......2-1989. The District Judiciary was completely on holidays from first December to 31st December. Section 4 of the Limitation Act prescribed when Court is closed and period expires, the suit, appeal or application may be instituted, preferred or made on the day the Court re-opens. It appears that the ..

Category: Civil Law | Date: | Hits: 339

Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......er dated 3-4-2006 passed by the learned District Judge, Dhaka dismissing Miscellaneous Appeal No.90 of 2006 affirming the other dated 7-3-2006 passed by the Artha Rin Adalat No.3, Dhaka rejecting the application filed under Order XXI Rule 90 of the Code of Civil Procedure in Miscellaneous Case No.33..

Category: Civil Law | Date: | Hits: 156

Trading Corporation of Bangladesh Vs. Commissioner, Customs, Excise and VAT Commissionarate and others, 2010, 39 CLC (HCD)

....und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471....... the same was sent to the local office of the petitioner at Chittagong by registered post on 21-12-2003. 4. After receiving the Order of the Commissioner (Appeal) the petitioner on 31-5-2004 filed applications before the respondents No.2 for refund of the money deposited at the time of filing app..

Category: Fiscal/Taxation Law | Date: | Hits: 323

Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ...... Dr. AKM Ali, Advocate - For the Respondent No.9. Jamaluddin Ahmed, Advocate - For the Respondent No.4. Writ Petition No. 4795 of 2009. Judgment Md. Azizul Haque J.- This Rule Nisi, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, was issued..

Category: Environmental Law | Date: | Hits: 1019

Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)

....l be free to cancel the bail of the petitioner in case of any viola­tion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ...... For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney General— For the State. Criminal Miscellaneous Case No.31 of 1988. Judgment Muhammed Ansar Ali J.- This Rule aris­es out of an application for bail under section 498 of the Code of Criminal Procedure at the instance of the accu..

Category: Criminal Law | Date: | Hits: 105

Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......AKM Sadeque J. - This Rule, issued at the instance of the plain­tiffs, calls in question the order No.14 dated 21.11.85 passed by the Munsif, Sadar, Sylhet, in Title Suit No.196 of 1985 allowing the application of the opposite party Nos.5-7 to implead them as defendants in the suit in accordance wi..

Category: Procedural Law | Date: | Hits: 193

Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)

....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......ded 4th party in a proceeding under section 145 of the Code of Criminal Procedure. 2. The facts giving rise to this Rule are, in short, that opposite party Nos.1-5 herein as a First Party filed an application under section 144 of the Code of Criminal Procedure in the Court of Thana Nirbahi Office..

Category: Criminal Law | Date: | Hits: 126

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

.... consequence of the said decree the land was released from requisition and symbolic possession was given in favour of the said Basharatullah. Subsequently, the Government decided to acquire the land afresh under Ordinance No. II of 1982 for the Civil Aviation Authority, the opposite party No.2 and a......nd acquisition proceeding was started and the Government took steps for acquiring the land. Thereafter the petitioner being the eldest son of late Basharatullah accepted the compensation and filed an application under section 28 of the Ordinance and consequently the Arbitration proceeding started. A..

Category: Alternative Dispute Resolution | Date: | Hits: 280

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......Razzaque Ali with ABM Golam Mazid, Advocate—For the Petitioner. Abdul Malek, Advocate— For the Opposite Party. Civil Revision Case No. 111 of 1989. Judgment Abdul Bari Sarker J.- This application un­der section 115 of the Code of Civil Procedure is di­rected against the Judgment an..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....Dhaka who received the same on 1.12.88, took cognizance of the offence punishable under sections 302/201/34/364, etc. against 8 ac­cused persons including the petitioner and again numbered the case afresh as Sessions Case No.118/ 88. The accused petitioner Shah Alam Chowdhury submitted a petition i......তএব মামলাটির তদন্ত পুনরায় চালু করার প্রয়োজনীয় আদেশ প্রদানের মর্জি হয়।“ This application is obviously in terms of sec­tion 173 (3B) Cr.P.C. On 14.7.88 on receipt of this applic..

Category: Criminal Law | Date: | Hits: 127

Md. Nasir Vs. State, 1989, 18 CLC (HCD)

....the conviction cannot be sustained. 23. It is submitted by the learned counsel for the State that since the trial was not held in accor­dance with law the case should be sent back on re­mand for fresh trial in accordance with law. This submission cannot be accepted in view of the fact that the ......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89...

Category: Criminal Law | Date: | Hits: 117

Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)

.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ......t Nos.3 and 4 were not bona fide pur­chaser of the disputed land, and in that view of the matter the trial Court decreed the suit. 4. During the pendency of the suit defendant Nos.3 and 4 made an application under Order 1, rule 10 of the Code of Civil Procedure claiming to be ne­cessary parties..

Category: Civil Law | Date: | Hits: 133

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

..... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ...... Huda, has also raised the question of maintainability of the Writ petition as against the Respondent No.1 and, according to him, as the petitioner is not a 'person' he has no locus standi to file an application under Article 102 of the Constitution, 12. In reply, Mr. Asrarul Hossain has argued t..

Category: Others | Date: | Hits: 227

Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)

....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......ro­mise petition by the appellants. But from perusal of the aforesaid petition printed at page 168 of the Pa­per Book I find that the contention of the learned Ad­vocate is not correct rather that application was under Order 41, rule 21 of the Code for re-hearing of T.A. No.160 which was decreed ..

Category: Property Law | Date: | Hits: 109

Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

....peal find answer in the foregoing discussion. For these reasons, this Rule is made abso­lute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......stance of the petitioner calling in question an order passed by the learned District Judge admitting Election Tribunal Appeal No.5 of 1989 preferred by the opposite party from an order reject­ing an application filed under Order 47, rule 1 C.P.C. by the Election Tribunal in Misc. Case No.1 of 1989...

Category: Election Law | Date: | Hits: 194