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Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527....... is also Reported in: 51 DLR (1999) 527.......st him while sub-section D provides for payment of subsistence allowance to the tune of 50% of the pay during the suspension period. The learned Advocate for the petitioner further submits that after proper enquiry the plaintiff opposite party has been found guilty of specified offences and the Comm......Court cannot go beyond the plaint and the passing of the impugned order against the plaintiff petitioner being evidently mala fide, there is sufficient cause of action in the present suit which needs adjudication at the trial and there is no scope for stifling the proceeding in its inception and con..Category: Procedural Law | Date: | Hits: 83
State Vs. Farooq Ahmed, Subordinate Judge, 1999, 28 CLC (HCD)
.... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ......Chowdhury (as his Lordship then was). In the aforesaid Civil Order the said Division Bench directed the contemner to dispose of Miscellaneous case No. 28 of 1997 of this Court by 31-1-99 without fail and without giving any adjournment to either side in any case. The said order having been violated t...... 24-5-99- “If an officer of the Subordinate Court willfully violates the direction of this Court this will bring catastrophe to the whole system and for that matter we are of the opinion that a proper action should be taken against this Mr. Farooq Ahmed, Subordinate Judge, 3rd Court, Dhaka”....... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ..Category: Criminal Law | Date: | Hits: 45
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....t his own risk on collection basis sustaining a loss of US$ 14930.00 because of his UK visit. The plaintiff claimed that the loss that he had to suffer was due to the defendant No. 1’s inability to complete the transaction as per the terms of the Master LC and, as such, the plaintiff incurred loss......Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Tafazzul Islam J AHM Shamsuddin Chowdhury J SM Fazlul Haque …..Appellant Vs. Salahuddin Ahmed and another.................Respondents Judgment July 25, 2001. Cases Referred To- Ang......tes that the defendant No.1 being the local representative of the buyer as well as of the suppliers and being the transferor of the Master Export LC is to take all necessary steps to ensure supply of proper quality fabrics within stipulated time for which he is paid fees known as technical fees. Thi......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ..Category: Civil Law | Date: | Hits: 164
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
....eason. 50. The Supreme Court reiterated the well settled principle that the circumstances forming that evidence must be conclusively established and even when so established, they must form such a complete chain that it is not only consistent With his guilt but is inconsistent with any reasonable......t Vs. State……………………………………………………………..……..Respondent Judgment February 25, 2003. Cases Referred To- Ismail Sarker alias Sudan Member and others Vs. State, 33 DLR 320; Rahman Vs. The State of UP, AIR 1972 SC 110; State Vs. Sree Ranjit...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ..Category: Criminal Law | Date: | Hits: 44
Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)
....ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295.......titioner. Not represented— the Opposite Party. Civil Revision No. 1007 of 1986. Judgment Md. Abdur Rashid J. - This Rule was obtained by the petitioner, Abdul Hoque against the Judgment and Order dated 8-11-86 passed by Additional District Judge, 1st Court Dhaka in Miscellaneous Appeal......pointment of Mr. Abdul Huq was irregular. 3. The case of the petitioner is that after the death of the first Mutwalli in 1952, no other persons was substituted/appointed in his place and the Waqfs property was enjoyed by the Sons of Munshi Abdul Jabbar, namely, Abdul Gani, Jalaluddin Ahmed and Ab......ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295...Category: Trust/Waqf Law | Date: | Hits: 174
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606....... 54 DLR (2002) 606.......ection 4 of the Partition Act for buying up the share of the plaintiff opposite party No. 1. 2. The opposite party No. 1 as plaintiff instituted Title Suit No. 47 of 1978 for partition of the suit property against the petitioner and opposite party Nos. 2-11 alleging, inter alia, that the suit pro......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606...Category: Administrative Law | Date: | Hits: 210
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196.......nt: Amirul Kabir Chowdhury J Md. Nizamul Huq J Abdur Rahman…………………..………………Petitioner Vs. Government of Bangladesh, represented by Secretary, Ministry of Works and another……………………….Respondents Judgment November 2, 2002. Lawyers Invol......ation under section 7 of Ordinance No. LIV of 1985, hereinafter referred to as the Ordinance praying to delete House No. 40, Tejkunipara, PS Tejgaon, Dhaka from its inclusion in the list of abandoned property/buildings and to restore/hand over its possession to the petitioner. The application was re......e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196...Category: Property Law | Date: | Hits: 59
Korban (Md.) Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....f receipt of this order. The District Magistrate, Dhaka Mr. Md. Abdul Huq is directed to pay a compensatory cost of Taka 5,000 to the detenu. Ed. This Case is also Reported in: 55 DLR (2003) 194.......riginal Jurisdiction) Present: Md. Hamidul Haque J Salma Masud Chowdhury J Korban (Md.).......................................................Petitioner Vs. Government of Bangladesh and others...........Respondents Judgment February 5, 2003. Lawyers Involved: Sk Md. Mor......e have also verified the administrative file of WP No. 4674/02 from where it is evident that an advance release order was signed by an officer of this Court on 8‑10‑2002 and it was handed over to proper person for service. So, it is clear that the release order was served on 8‑10‑2002 and th......f receipt of this order. The District Magistrate, Dhaka Mr. Md. Abdul Huq is directed to pay a compensatory cost of Taka 5,000 to the detenu. Ed. This Case is also Reported in: 55 DLR (2003) 194...Category: Constitutional Law | Date: | Hits: 161
....o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991.......sion
(Civil)
Present:
Mohammad Fazlul Karim CJ
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Surendra Kumar Sinha J
M/s. Bangladesh Catfish Limited and others ……………......Petitioners
Vs.
Sunny Fish Agency and Trading and others ...........struction of any such evidence. On consideration of the evidence on record adduced by the plaintiff it appears to us that the findings of the learned Joint District Judge in that respect are based on proper reading of the evidence on record which are all documentary and we have nothing to interfer......o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991...
Category: Civil Law | Date: | Hits: 96
Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)
....an and not as the Managing Director of the Company. 23. He then contends that the allegations of forgery are vague and have no factual basis. This Court in its summary jurisdiction should not take complete evidence to resolve the dispute. 24. He has further submitted that this Court may look i......) 3 SCC 333. Lawyers Involved: Syed Ishtiaq Ahmed with Rokanuddin Mahmud, Sheikh Hassan Ariff, Mubina Asar Rahman, Advocates— For the Petitioner. Dr. M Zahir with M Hafizullah, SK Siddique and Abdul Barek Chowdhury, Md. Shamsul Hoq Sarker, Advocates—For Respondent Nos. 1 and 2. Aminu...... in the usual manner. It is further claimed that the respondent No. 2 as the Chairman and Managing Director of the respondent No. 1 Company invested huge amount of money and also mortgaged his landed property to Sonali Bank for the project loan of the Company. It is further stated that the remunerat......application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ..Category: Company Law | Date: | Hits: 247
.... talked to the contemner-appellant No.1 over telephone regarding holding of the AGM and again by his letter dated 22.7.2003 requested the contemner-appellant No.1 not to waste any further time and to complete all formalities for holding of AGM of the Bank. It is contended that inspite of such repe......
Appellate Division
(Criminal)
Present:
Syed JR Mudassir Husain CJ
Mohammad Fazlul Karim J
Amirul Kabir Chowdhury J
Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another ............Appellants
Vs.
Akhtaruzzaman Chowdhury…………….....Respondents ...... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971....... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971...
Category: Criminal Law | Date: | Hits: 60
Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)
....edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020.......ohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Syed Amir Hossain..........................Petitioner Vs. The State and another……………………....Respondents Judgment April 12, 2010. Case Referred T......ement of law argued in 57 DLR(AD) 82. 6. We have heard the learned Senior Advocate for the accused petitioner and perused the connected papers. We are of the view that the High Court Division upon proper assessment of the materials on record has arrived at a correct decision in not invoking its......edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020...Category: Criminal Law | Date: | Hits: 54
Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)
....decreeing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 960.......r the Petitioners. Md. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hug, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 725 of 2009. (From the judgment and order dated 16.02.2009 passed by the High Court Division in Civil Revision No.885 of 2004.) J...... Joy Gopal Chowdhury and others and after the death of Joy Gopal Chowdhury his widow Kallayani Debi was possessing and enjoying usufructs therefrom as possessor, and she subsequently settled the suit property with Surendra Nath Bhowmik, the predecessor-in-interest of the defendant, said Kallayani ......decreeing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 960...Category: Property Law | Date: | Hits: 51
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
....it is liable to be dismissed. 4. Mr. Md. Abu Siddique, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division passed the impugned judgment and order giving complete relief to the defendants before giving an opportunity to the plaintiffs to put their case; ......n: VII ADC (2010) 945. ...... statement denying all material allegations contending, inter alia, that the suit is not maintainable in its present form and nature, barred by limitation, suffers from defect of parties, it is not properly valued and stamped and the suit is barred under Section 42 of the Specific Relief Act and a...... 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) 945. ..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....petitioners are permitted to prepare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......her. Ed. This Case is also Reported in: VII ADC (2010) 940. ......defendants on 20th Poush, 1403 B.S. denied to make amicable partition of the suit land which were being possessed and enjoyed by the respective parties without partition in metes and bounds i.e. on proper measurement. 5. The defendant-respondent Nos. 1-4 contested the suit by filing written sta......petitioners are permitted to prepare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ..Category: Property Law | Date: | Hits: 45
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
....ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ......Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Husain J Md. Arayesuddin J Dr. Manzoor Rasheed Chowdhury …………Petitioner Vs. Principal, DMC Dhaka and others………………. Respondents Judgment May 8, 2000. Cases Referred To- Rite......otification dated 7-10-99 as contained in Annexure-G should not be declared to have been made without any lawful authority and or such other of further order or orders passed as may be deemed fit and proper. 2. The petitioners case as stated in the application that he passed the MBBS Examination ......ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ..Category: Others | Date: | Hits: 100
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......(Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtaz Uddin Ahmed J Md. Monjur Murshed………….........................Petitioner Vs. Government of Bangladesh and others…………Respondents Judgment June 24, 2009. Result: The Rule is discharged......o impose interest on the car loan already disbursed pursuant to the impugned circular at the prevailing Bank rate and/or such other or further order or orders passed as to this Court may seem fit and proper. 4. The Rule is made returnable within 6(six) weeks from date. In the meantime, let the......discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ..Category: Banking Law | Date: | Hits: 205
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
....er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......D (HCD) (2009) 750. ......etitioner from service shall not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper. 2. Short facts, relevant for disposal of the Rule are that the petitioner was appointed a......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ..Category: Employment/Service Law | Date: | Hits: 104
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......e Petitioner. Mozaffar Hossain, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 382 of 2009. (From the judgment and order dated 27.10.2008 passed by the High Court Division in Civil Revision No.1827 of 2004.) ......nd are illegal, without jurisdiction and void holding, amongst others, that the plaintiff has proved his title and possession in the suit land and that the suit land is not a vested or non-resident property and that the sale vide deed dated 28.10.1970 could not be executed or registered by Jadhuna......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ..Category: Property Law | Date: | Hits: 32
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
.... case No.505 (ka) p-1/87-88 and has been paying rent and taxes to the government in his name regularly. The ‘ka’ and ‘kha’ schedule property has been divided by a wall and both the properties completely separated from each other and the path way for getting entrance of both the premises are ......ision (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Md. Sharif Hossain……………………………………..Plaintiff-respondent-petitioner Vs. Md. Abdul Jalil and another…………………Defendant-appellant-opposite parties. Judgment October 19, 200......sposal of the Rule are that the petitioner as plaintiff instituted Title Suit No.291 of 1987 in the Court of Senior Assistant Judge, 1st Court, Dhaka against the opposite parties for getting the suit property by way of pre-emption under Mohammedan Law on the averments that the plaintiff is owner of ......Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744...Category: Property Law | Date: | Hits: 39
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