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Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)

.... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......thers..................................Petitioners Vs. Sree Sailesh Chandra Sen and others................Opposite Parties Judgment March 7, 2012. Result: The Rule is discharged. Lawyers Involved: Nahid Yeasmin, Advocate - for the petitioners. Mohammad Abdullah, Advocate -..

Category: Property Law | Date: | Hits: 84

Ismail Vs. State, 2009, 38 CLC (HCD)

....the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ......t 21.30 hours with Cantonment Police Station alleging, inter alia, that on 16.11.87 at about 18.15 hours the 3 apprehended persons named in the F.I.R. appeared before the immigration authority at Zia International Airport as passengers of SV 332 scheduled for Saudi Arabia as wage eaners, but the Imm...... Present: Mashuque Hosain Ahmed J Ismail…………… Convict-Petitioner Vs. The State……… Opposite party Judgment April 30, 2009. Result: The rule is made absolute. Lawyers Involved: Hamida Chowdhury, Advocate - For the Convict-Petitioner. Maksuda Akhter, Ass..

Category: Criminal Law | Date: | Hits: 92

Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)

....ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......…………………………………………Respondent Judgment July 5, 2011. Result: The Appeal is allowed. Case Referred to- Aslam Jahangir Vs. The State, XX BLD (HCD) 426. Lawyers Involved: Md. Aminul Ahsan - For the appellant. Abdus Salam Mondal, Deputy Attorney Ge..

Category: Criminal Law | Date: | Hits: 95

Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)

.... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ...... absolute. Cases Referred to- Ajiran Nessa Bewa Vs. Md Abdul Mannan, 45 DLR 66 = 1992 BLD 323; Safar Ali Miah Vs. Badsha Siddique, 45 DLR 483; Sashi Mohan Sen Vs. Ain Ullah, 1992 BLD (AD) 8. Lawyers Involved: GM Azizur Rahman, Advocate - For the Petitioners. No one - For the Opposite ..

Category: Civil Law | Date: | Hits: 100

Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)

.... pre­pare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242....... pre­pare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242................................Petitioners Vs. Md. Foyzur Rahman and others………………………………………..Respondents Order January 23, 2012. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, Senior Advocate with (J. N. Deb, Advocate), instructed by Chowdh..

Category: Property Law | Date: | Hits: 87

Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)

.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367....... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......l Haq and others……………………Petitioners Vs. Maloti Bala Dey & others……………………Opposite Parties Judgment May 4, 1998. Result: The Rule is discharged. Lawyers Involved: Md. Faruque Ahmed, Advocate - For the Petitioner. Idrisur Rahman, Advocate -..

Category: Property Law | Date: | Hits: 88

Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)

....azle Karim and others Vs. Government of Bangladesh and others, 16 BLD (AD) at page 9 = 48 DLR (AD) 178, his Lordship ATM Afazal J, (as his Lordship then was) has observed: “Consistently with the principle that there is to be an end to litigation, it is now well recognised that review is not an ...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......s (Bangladesh) Ltd. Vs. Bangladesh, 31 DLR (AD) 266; Asaduzzaman Vs. Bangladesh, 36 DLR (AD) 108; Fazle Karim and others Vs. Government of Bangladesh and others, 16 BLD (AD) 9 = 48 DLR (AD) 178.  Lawyers Involved: Khandakar Mahbubuddin Ahmed with SM Munir, Fida M Kamal, Advocates - For Petiti..

Category: Property Law | Date: | Hits: 89

Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)

.... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ...... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ......ter and another, 16 BLD 375; 33 DLR (AD) 1; Hosna Banu and others Vs. Keamat Ullah Malitha and others, 18 BLD (AD) 10; Seth Suganmal and others, Vs. Mt. Umraobi and others, AIR, 1938 (Nagpur) 550. Lawyers Involved: Hasan Foiz Siddique, Advocate - For the Petitioner. Md. Osman Gani, Advocate..

Category: Procedural Law | Date: | Hits: 105

Maudud Vs. State, 1998, 27 CLC (HCD)

....ly as at present there is no Sub-Divisional Magistrate. Learned Advocate not only lost sight of Rule 33 but also forgot that rules cannot supersede the provision of the parent Act. It is well settled principle of interpretation that rule being subordinate legislation made by the Executive authority ......mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ...... Kazi Ebadul Hoque J AK Badrul Huq J Maudud………………Appellant Vs. State………………Respondent Judgment March 24, 1998. Result: The application is rejected. Lawyers Involved: Haresuddin, Advocate - For the Petitioner. Abdur Rouf, Assistant Attorney-Ge..

Category: Criminal Law | Date: | Hits: 87

Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)

....e added. In dealing and considering the application both under Order 22, rule 10 or Order 1, rule 10(2) the court has to exercise the discretion judicially and also in consonance with the fundamental principles of judicial procedure. 13. On perusal of the application filed under Order 22, rule 10...... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......Dassi and another, AIR 1958 SC 394; Udit Narain Singh Malpaharia Vs. Additional Member, Board of Revenue, Bihar and another, AIR 1963 SC 786; Munshi Ram Vs. Narsi Ram and another, AIR 1983 SC 271. Lawyers Involved: SH Md. Nurul Huda Jaigirdar, Advocate - For the Petitioner. PC Guha, with Pu..

Category: Procedural Law | Date: | Hits: 74

Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)

.... to issue passport to him. The order is mala fide and has been passed at the behest of the interested persons without application of mind. The impugned order is absolutely void being violative of the principles of natural justice and also of Articles 27, 31, 32, and 36 of the Constitution of the Peo......fter his release on bail, his minor son has been staying with him and he along with his son intended to make a short visit to his wife in USA and for that purpose he applied to the respondents for an International Passport being application No. 19676/92 dated 15.5.91 on payment of requisite fees. Th......es Referred to- Syed Mokbul Hossain Vs. Government of Bangladesh, 44 DLR 39; Begum Monsura Rahman Mohiuddin Vs. Government of Bangladesh and others, Writ Petition No. 1073 of 1993 (Unreported). Lawyers Involved: Rokanuddin Mahmud, Advocate ‑ For the Petitioner. Md. Altafur Rahman, Assi..

Category: Constitutional Law | Date: | Hits: 238

Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)

....ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.....................................Appellants Vs. Julekha Khatoon and others............................Respondents Judgment November 21, 1994. Result: The appeal is allowed in part. Lawyers Involved: Amir Hossain with Farzana Hoque, Advocates ‑ For the Appellants. Abdul Kud..

Category: Procedural Law | Date: | Hits: 85

Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)

....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......scharged. Cases Referred to- Ramjoy Mondal & others Vs. State, 37 DLR 252; Nayan @ Fazlul Huq Vs. State, 38 DLR 415; Aktar Ali Vs. State, 1987 BLD 135; Ekramul Hoq Vs. State, 40 DLR 139. Lawyers Involved: MA Aziz with M Rezaul Karim, Advocates - For the Petitioner. Md. Latifur Rah..

Category: Procedural Law | Date: | Hits: 80

Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)

....ndent contested the Title Suit of the plaintiff by filing a written statement contending, inter alia, that the suit was not maintainable in the present form and the same was barred by limitation, the principles of estoppel, waiver and acquiescence and it was further contended that the allegations ma......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......thers Vs. Farida Hasan, 1984 BCR (AD) 127; Tobarak Ullah Vs. Ram Gupta, 43 DLR (AD) 100; ML Devender Singh and others Vs. Syed Khaja, AIR (SC) 2457; Satya Narayana Vs. Yelloji, AIR 1965 (SC) 1405. Lawyers Involved: Miah Abdul Gafur with NK Saha and Abbasuddin Ahmed, Advocates ‑ For the Appel..

Category: Procedural Law | Date: | Hits: 129

Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)

.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ...... 35 DLR (AD) 203; Dr. M. O. Ghani, Vice-Chancellor, Dacca University Vs. Dr. ANM Mahmood, 18 DLR (SC) 463; Bangladesh Vs. Shamsuddin Ahmed, 1 ADC (2004) 144; AIR 1984 (SC) 1826; AIR 1970 (SC)1767. Lawyers Involved: Lt. Cdr. (Retd.) AHM Mahmud (In person)—For the Petitioner. AKM Nazrul Isl..

Category: Employment/Service Law | Date: | Hits: 156

Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)

....er as to cost. The order of stay granted earli­er by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......er as to cost. The order of stay granted earli­er by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......and another...........................Petitioners Vs. Md. Ali Hossain Prodhan.............................Opposite party Judgment August 20, 2009. Result: The Rule is discharged. Lawyers Involved: Golam Arshed, Advocate—For Petitioners. No one appears—For the Opposite..

Category: Civil Law | Date: | Hits: 95

Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)

....rred by res judicata. In support of his contentions, the learned Counsel refers the case of Md. Emdadduddin Sk Vs. Atiqur Rahman reported in 1989 BLD 253 =42 DLR 416 wherein it has been held: "The principle applies as between two stages of the same litigation to this extent that a Court having at......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......hury Vs. Saleha Begum, 1997 (AD) 86=2 BLC (AD) 20; SN Roy Chowdhury Vs. A Jabber, 1994 BLD 229 =46 DLR 273; Moyjuddin Mondol Vs. Bena Rani Das, 45 DLR 154; MA Jahangir Vs. Abdul Malek, 41 DLR 389. Lawyers Involved: Kamal-ul-Alam, Advocate—For the Petitioner. Rabi Shankar Chakraborty, Advo..

Category: Procedural Law | Date: | Hits: 90

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

...., contemplated, recognised and dealt with at different places and under different Articles of the Constitution, as were deemed appropriate by the framers of the Constitution keeping in mind the broad principles of separation of powers in the scheme of the Constitution. Nowhere in the Constitution, i......is still in seisin of the matter.   Consequently, the prayer for certificate is rejected.  Ed.  This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ....... UP University Colleges Pensioners Association, AIR 1994 SC 2311; Anwar Hossain Chowdhury's case, 1989 BLD (Special Issue) 1=41 DLR (AD) 165; Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111.  Lawyers Involved:  Dr. Zahir with Rokan uddin Mahmud, Nihad Kabir, Md. Asaduzzaman, Foyez Ah..

Category: Constitutional Law | Date: | Hits: 270

Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)

....ed medical proceeding with a view to deprive the petitioners from the benefit though legally granted honorarium from 1995 to 1999. It has been further submitted that the respondents have violated the principle of natural justice in not giving an opportunity of being heard before stopping the allowan......from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......e process of law and if there is any plan to stop the privilege, the beneficiaries must be served with notice or given opportunities to show cause in this regard…………………………(25) Lawyers Involved:  Syed Haider Ali, Advocate - For the Petitioner.  JK Paul, Advocat..

Category: Others | Date: | Hits: 149

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......ian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell Lipuors Ltd.; Baldwin and Francis Ltd. Vs. Patent Appeal Tribunal. Lawyers Involved: Hafizullah, Advocate – For the Appellant. Mustafa Kamal, Advocate, with AK..

Category: Fiscal/Taxation Law | Date: | Hits: 156