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Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)

.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......e said Execution Case No.340 of 2005 which was rejected summarily on 4-6-2008 by a Division Bench of this Court, thereafter the peti­tioner Salam and Company being aggrieved by the said judgment and order dated 4-6-2008 passed by the High Court Division in Writ Petition No.4070 of 2008 preferred Ci......9); M Subramanian Vs. MLBM Lutchman, AIR 1923 PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usman Sons Ltd., PLD 1969 Karachi 123 (125, 126, 135, 136 para 13 and page 140 para 18); Al-Baraka Bank Vs. Rina Alam, 56 DLR 588; Dacca Match Factory Vs. Bangladesh Match Factory Co., 30 DLR 244; Nasir Mia Vs......fore the High Court Division relating to the pro­ceedings of the said Execution Case No.340 of 2005 which was rejected summarily on 4-6-2008 by a Division Bench of this Court, thereafter the peti­tioner Salam and Company being aggrieved by the said judgment and order dated 4-6-2008 passed by the H..

Category: Civil Law | Date: | Hits: 235

Commissioner of Customs, Benapole, Jessore Vs. President, Customs, Excise and VAT Appellate Tribunal, Dhaka and others, 2011, 40 CLC (HCD)

....hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 416. ......cate - For the Respondent No.3. Customs Appeal No. 04 of 2010. Judgment Md. Ashfaqul Islam J.- This is an application under section 5 of the Limitation Act for condonation of delay. From the order sheet it appears that the Customs Appeal No.04 of 2010 has been filed before this Division on ......missed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 416. ...... This Case is also Reported in: 63 DLR (HCD) (2011) 416. ..

Category: Limitation Law | Date: | Hits: 324

State Vs. Manik Bala, 1988, 17 CLC (HCD)

....s acquitted of the charge. Let the condemned prisoner be set at liber­ty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......demned prisoner Manik Bala under section 302 of the Penal Code in Ses­sions Case No.4 of 1987 by his judgment dated 23.4.87. The condemned prisoner has also filed an appeal from the jail against the order of conviction and sentence passed against him by the learned Ses­sion Judge. Both the Referen...... liber­ty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......lowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General with Obaidur Rah­man Mostafa, M. A. Rouf, Advocates - For the State. Md. Abdur Rahim Khan, Advocate - For the Condemned Prisoner. Death Reference No. 7 of 1988 With Jail Ap­peal No. 93 of 1988. Judgment Moh..

Category: Criminal Law | Date: | Hits: 142

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

....em. In the face of our findings in respect of Ext. W and Z series the appli­cation is not maintainable. Accordingly, it is reject­ed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......ime to be fixed by the Court; (b) that on failure of the defendant Nos.1 and 2 to execute and register the necessary deed of sale and/or the partnership deed within the time fixed by the Court, an order may kindly be passed for execution and registration of the same through Court at the expense o......ch) (Civil Appellate Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Abul Hashem Khan & others.......................................Appellants Vs. Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Re......ame of Ehsanul Hasan Khan. Since the pay­ment of Tk.45,000/-the plaintiffs were requesting the defendant No.1 to dissolve and reconstitute the partnership so that the plaintiffs could sell out their one storied building on 11 Kathas 8 Chhataks of land in Gulshan model town, Dhaka to make pay­ment ..

Category: Business or Commercial Law | Date: | Hits: 349

Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)

.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......ondent No.2. Writ Petition No.35 of 1986. Judgment Md. Abdur Rouf J. - The petitioner obtained this Rule Nisi on 22-1-86 calling upon the respondent to show cause as to why the decision and order of the Labour Court, Khulna Division, passed in Case No.IRO. 24/82 should not be declared to h......ove observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......in: 51 DLR (1999) (HCD) 347...

Category: Labour and Industrial Law | Date: | Hits: 184

Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)

....ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......ribunal No.16, Dhaka for trial. 4. The learned Special Tribunal Judge on receipt of the case record framed charge on 24-4-1995 under section 25B(a) and section 25D of the Special Powers Act by his order No.9 and fixed 19-6-1995 for trial. 5. The petitioner being aggrieved by the aforesaid proc......end down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......HCD) 344. ..

Category: Others | Date: | Hits: 159

Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)

....cated. 4. The defendant No.1 has also denied to have received taka one lac by giving any receipt. That the defendant No.1 nobody of the said Monwara Hospital, recently going through a legal notice published in a daily newspapers, and after making search in Court, the defendant No.1 has come to kn...... Md. Roushan Ali with Md. Rabiul Karim, Advocates - For the Opposite Party No.2. Civil Revision No.1718 of 1935. Judgment Md. Fazlul Haque J.- This Rule is directed against the judgment and order dated 25-2-95 passed by the Additional Subordinate Judge Court, Dhaka in title suit No.62 of 1......For the Petitioners. Md. Roushan Ali with Md. Rabiul Karim, Advocates - For the Opposite Party No.2. Civil Revision No.1718 of 1935. Judgment Md. Fazlul Haque J.- This Rule is directed against the judgment and order dated 25-2-95 passed by the Additional Subordinate Judge Court, Dhaka in......1 DLR (1999) (HCD) 341...

Category: Procedural Law | Date: | Hits: 121

Abdur Rahim (Md.) Vs. Bangladesh Sarak Paribahan Corporation, represented by its Chairman, 1998, 27 CLC (HCD)

....issued without lawful authority and is of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 339. ......On an application made by the petitioner under Article 102 of the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the order as contained in Memo No.06/Estate/180(Part)-4/488/1(10) dated 14-5-97 issued under the signatu......ect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 339. ......ported in: 51 DLR (1999) (HCD) 339. ..

Category: Labour and Industrial Law | Date: | Hits: 176

Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)

....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......er to pay the bill the opposite party No.1 filed Arbi­tration Miscellaneous Case No.11 of 1999 against the Bangladesh T&T Board and the opposite party Nos. 2 to 4. Ultimately the Court passed an order under section 20(1) of the Arbitration Act, 1940 appointing Mr. Saifuddin, retired Engineer, P...... Mac Foy Vs. United Africa Company Limited, (1962) AC 152; 4 BLC (AD) 21; 6 AIR 1970 SC; 28 DLR (AD) 57; 46 DLR (AD) 96; 6 DLR 473; ILR 13 (Allahabad) 30; 8 DLR 307. Lawyers Involved: Rais Uddin Ahmed, Advocate - For the Petitioner. AY Masihuzzaman, Advocate - For the Opposite Party No.1.......D) (2011) 405...

Category: Alternative Dispute Resolution | Date: | Hits: 291

Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)

....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......eal No.2266 of 1991 with Criminal Appeal No.2229 of 1991. Judgment Md. Abdul Karim J.- Criminal Appeal No.2266 of 1991 and Criminal Appeal No.2229/1991 are directed against the Judgment and the order dated 27.10.91 passed by the learned Sessions Judge, Feni in Sessions Case No.4 of 1990 convic......not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......) 165. ..

Category: Criminal Law | Date: | Hits: 147

Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)

....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......udgment and decree dated 20-10-90 passed in Other Suit 50 of 1986 by the Subordinate Judge, Cox’s Bazar, dismissing the suit. 2. Opposite parties 1-9 instituted the suit for declaration that the order pussed by the Additional Deputy Commissioner Chittagong on 4-4-84 in Settlement Appeal Case 15...... Vs. Abdullah and others....………………Respondents Judgment February 17, 1998. Result: The rule is made absolute. Cases Referred to- Abdul Majid and other Vs. Province of East Pakistan & ors, 23 DLR 203; Benzir Ahmed Vs. Debendra Chandra Saha and others, 4 BL......osts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..

Category: Property Law | Date: | Hits: 105

Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)

....fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......4, 326, 302, 114 of the Penal Code. Subsequently, charge sheeted accused persons were placed on trial before the Court of Sessions Judge, Faridpur, in Sessions Case No.70 of 1991. By the judgment and order dated 1-12-92 learned Sessions Judge convicted Humayun under section 302 of the Penal Code and......e of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ..

Category: Criminal Law | Date: | Hits: 108

Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)

.... was dismissed and the petitioner filed Second Appeal No.310 of 1979 before the High Court Division which is still pending. Subsequently, by notification No.DA-37/80/530-Acqiun. dated 26th July, 1983 published in the Bangladesh Gazette on 11th August, 1983 the said requisitioned 0.45 acre from the n...... being constructed by Dhaka Municipal Corporation and Dhaka Municipal Corporation threatened the petitioner with dispossession and as such, the Corporation has been impleaded as respondent No.4 by an order of this court dated 25-4-88. It is stated that this Court directed the parties to maintain sta......Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......s also Reported in: 51 DLR (HCD) (1999) 426...

Category: Property Law | Date: | Hits: 156

Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)

....thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......resent: Md. Fazlul Karim J Zagir Hussain ………........Petitioner Vs. Aminul Haque and others………………. Opposite Parties Judgment May 4, 1999. Result: The impugned order is set aside. Cases Referred to- Sunahar Ali Vs. Akuali, PLD 1957 (Dhaka) 603; Narsid......osts and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......ord at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425...

Category: Procedural Law | Date: | Hits: 178

Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)

....is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420....... Petitioner. Not Represented —For the Opposite party. Civil Revision No.37 of 1990. Judgment Md. Joynul Abedin J.- This Rule obtained by the plaintiff-petitioner is directed against the order dated 17-10-1989 passed by the Assistant Judge in Title Suit No.159 of 1984 accepting the addi......eed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420.......iously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420...

Category: Procedural Law | Date: | Hits: 148

Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)

....eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......For the Opposite Party. Civil Revision No.1386 of 1998. Judgment Md. Ali Asgar Khan J.- This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 27-4-98 passed by the learned Senior Assistant Judge, Daudkandi, Comilla in allowing Mis...... Referred to- Purvada Satyanarayan Amurthy Vs. Gadeppalli Sundara Rao, AIR 1938 (Madras) 603. Lawyers Involved: Md. Mokhlesur Rahman, Advocate-For the Petitioner. Syed Mahmud Hossain, Advocate — For the Opposite Party. Civil Revision No.1386 of 1998. Judgment ......e is also Reported in: 51 DLR (HCD) (1999) 418...

Category: Procedural Law | Date: | Hits: 131

Yousuf (Md.) Vs. Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others, 1997, 26 CLC (HCD)

....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ......ppellant Vs. Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents Judgment October 28, 1997. Result: The appeal is dismissed without any order as to costs. Cases Referred to- Sankara Lings Vs. Ratnaswami, AIR 1952 Madras 389; Qazi ......51 DLR (HCD) (1999) 412. ......iff Hajee Abdul Wahab (since deceased) which is a residential house in Dhanmondi residential area (Road 15A) in the city of Dhaka, belonged to defendant No.1 Md. Yousuf, who, being in urgent need of money, proposed to sell the property to the plaintiff for a sum of Taka 12,00,000.00 and accordingly,..

Category: Property Law | Date: | Hits: 120

Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)

....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ....... Kaiseruddin Ahmed, Deputy Attorney General - Amicus curiae. Civil Revision No.285 of 1988 with 520 of 1988. Judgment Muhammad Ansar Ali J.- These two Rules arise out of the same and one order, namely, Order No.55G dated 19.5.87 passed by the learned District Judge, Bogra by which about......89) 490. ......ported in: 41 DLR (HCD) (1989) 490. ..

Category: Procedural Law | Date: | Hits: 152

Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)

....r was declared to have secured more than 736 votes over his nearest ri­val respondent No.4. The Presiding Officers submit­ted results, the Returning Officer consolidated the same and the result was published in the official Ga­zette under Rule 41 of the Rules at page 7113 of 29th May 1988 (Annexu......on before the Election Commission stating that polls on 10.2.88 at Chapair High School polling centre at ward No.3 was disturbed and re-poll should take place there. The Election Commission passed an order on 18.6.88 re­jecting the prayer of the respondent No.4 and accept­ing the report of the Pre......cts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486....... High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Choudhury J Hazrat Ali.............................................Petitioner Vs. Election Commission & others..........................................Respondents..

Category: Election Law | Date: | Hits: 216

Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD

....r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......of 1988. Judgment Mustafa Kamal J.- This Rule Nisi ob­tained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order dated 13.1.88 Annexure B passed by the Upazilla Nirbahi Officer, respondent No.5 allowing resp......sult, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484..........

Category: Election Law | Date: | Hits: 220