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Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......2342 of 2004 (From the judgment and decree dated 24.4.2004 passed by the District Judge, Narayangonj in Money Appeal No. 2 of 2002.) Judgment Sheikh Abdul Awal J.- This Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party to s..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......ved: Mohammadullah with Mohammad Ismail, Advocates‑For the Petitioners. No one‑For the Opposite Party. Civil Order No. 2565 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.-This application is directed against an order passed by the Subordinate. Judge, Noakhali allowing an appl..Category: Civil Law | Date: | Hits: 93
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......ned in Memo. No.BD/LC/375/86/70, Annexure‑B. issued by respondent 2, have been passed without lawful authority and are of no legal effect.
2. The aforesaid rule has been issued upon a voluminous application annexing to it a large number of documents and papers and respondents have equally put i..
Category: Property Law | Date: | Hits: 92
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......eza, Advocate‑For the Petitioner. M. Fazlul Karim Advocate‑ For the Opposite Party No.1. Civil Revsion No.2322 of 1990. Judgment Anwarul Haque Chowdhury J.- This rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against an order dated ..Category: Civil Law | Date: | Hits: 104
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ....... Lawyers Involved: Md. Ohiullah, Advocate—For the Plaintiff. Imtiaz Mahmood, Advocate—For the Defendant No.1. Admiralty Suit No.7 of 2003. Judgment AFM Abdur Rahman J.- By this application dated 22-11-2003 the defendant prays for return of the plaint for want of jurisdiction. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)
.... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896.......al Tribunal No.2 Gazipur, wherein on 10-7-1993, charge under sections 3, 4 of the Act was framed against the accused. 6. Feeling aggrieved by the order of framing charge the petitioners moved this application and obtained the present Rule. 7. No one appears to support the Rule although the mat..Category: Criminal Law | Date: | Hits: 71
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......rule, regulation or the scheme of the law the Court by an order in writing can enhance punishment as additional punishment for removing the cause for which the offence is committed on the basis of an application. 16. The instant case does not fall under the category of either section 307 or secti..Category: Labour and Industrial Law | Date: | Hits: 156
Arefa Bewa and others Vs. Alekjan Bewa & others, 2009, 38 CLC (HCD)
....discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ...... Bari, Advocate-For Petitioners. Md. Alauddin Ahmed, Advocate-For the Opposite Parties. Civil Revision No. 2967 of 2003. Judgment Md. Mizanur Rahman Bhuiyan J.- This Rule was issued on an application under section 115(1) of the Code of Civil Procedure challenging the Judgment and decree ..Category: Property Law | Date: | Hits: 72
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
.... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ......and to that effect the Chairman of the Local Union Parishad namely Mativanga Union Parishad has issued the certificate (Annexure-B). On 21-6-2009, the Director Health published advertisement inviting application for the competent candidate for the post of Health Assistant mentioning the requisite qu..Category: Employment/Service Law | Date: | Hits: 91
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....pto 11-9-2001. It is stated that due to miscalculation of time the petitioner could not get the stay order extended before expiry of the said period. However, on 19-9-2001 the petitioner obtained a fresh order of stay in respect of the said trade mark, but during this gap, i.e. between 12-9-2001 a......ter, the petitioner withdrew his rectification case from the Trade Mark Registry and filed Trade Mark Application No.1 of 2001 before the High Court Division. On 29-3-2001 a rule was issued on that application calling upon the Registrar of Trade Marks, Dhaka and "the company" to show cause as to..Category: Intellectual Property Law | Date: | Hits: 270
.... and obtained the Rule and stay order as stated above.
8. At the time of hearing of the petitioners filed an application for modification of the cause title of the Writ Petition and for issuing a fresh Rule on the ground that the Rule issuing order dated 06.01.2011 does not contain any reference......wyers Involved:
Md. Ashraf Uddin Khan-For the petitioners.
Md. Zaforullah Chowdhury-For respondent No.3.
Writ Petition No.9558 of 2010.
Judgment
Md. Abu Zafor Siddique J. - On an application filed under Article 102(2) (a) (ii) of the Constitution a Rule Nisi was issued in the fo..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ...... a casual manner and mechanical way without making necessary endeavour to ascertain the truth and voluntariness of the statement. Column 10 is found blank, which is not desirable and it shows the non application of mind of the recording Magistrate. Omission to fill up column 10 of the Form creates a..Category: Criminal Law | Date: | Hits: 82
SM Naimul Hoque Vs. Additional Deputy Commissioner (City) Dacca and others, 1981, 10 CLC (HCD)
....que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......nt January 29, 1981. Lawyers Involved: MI Farooqui, Advocate ‑ For the Petitioner. No one ‑ For the Respondents. Judgment Syed Muhammad Husain J.- In this Rule arising out of an application under Article 102 of the Constitution, the petitioner has challenged a decision of the A..Category: Property Law | Date: | Hits: 65
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517....... the suit and thereafter ultimately 29.4.91 was fixed for peremptory hearing and on that date on the prayer of the plaintiff 4.6.91 was fixed for peremptory hearing. On 4.6.91 the plaintiff filed 2 applications, one under Order 11 rule 4 CPC for directing the defendants to furnish the particulars ..Category: Procedural Law | Date: | Hits: 68
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......s a bonafide citizen of Bangladesh and was thus the only trustee in terms of the deed and has been functioning as a trustee and running the dispensary through a doctor namely Monlosh Kumar Pal. On an application filed by the Thana Revenue Officer, Saturia falsely stating that since the settler Sakhi..
Category: Trust/Waqf Law | Date: | Hits: 183
....answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......cant as a successor in interest to the Government was entitled to depreciation in accordance with law under section 10(2) (vi) of the Act for the period in question."
2. In view of our judgment in application No.45 of 1985 we also hold that for the assessment year 1973‑74 the assessee is not en..
Category: Fiscal/Taxation Law | Date: | Hits: 139
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....oceedings which is tantamount to throttling the prosecution. By reference to the case of Abdus Salam Master alias Salam and another Vs. The State, reported in 36 DLR (AD) 58 he further submits that a fresh complaint against the same accused persons after acceptance of final report is permissible. Th......recovered alamots were deposited in Bangladesh Bank, Chittagong. The principal accused Sree Krisna Nath surrendered before the High Court Division and obtained anticipatory bail. He also submitted an application for return of the seized ornaments and money as well as other materials recovered from t..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....tainable. He submits that the second application for transposition was also not maintainable. He finally submits that if the defendant No.4 is found to be aggrieved by the impugned deed he can file a fresh suit. The learned Trial Court rightly rejected the application for transposition. 8. We hav......papers and using the same created the impugned deed fraudulently. Hence, is the suit. 3. During pendency of the suit the sole plaintiff died on 7.9.2007. On 12.10.2009 the defendant No. 4 filed an application under Order 1 rule 10 read with section 151 of the Code of Civil Procedure praying for t..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......s (Pre-emption) Case No.21 of 2003 under section 96 of the State Acquisition and Tenancy Act in the Court of Senior Assistant Judge, Sadar, Manikganj for pre-empting the case land as described in the application stating that he was a co-sharer to the case jote by inheritance. His full brother transf..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......nt, Paksey raised an objection against the affidavit. Accordingly, the petitioner was directed to submit his S.S.C. certificate but the petitioner could not submit his S.S.C. certificate and filed an application stating that his S.S.C. certificate was lost. After that, D.R.M., Paksey forwarded the p..Category: Administrative Law | Date: | Hits: 196
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