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Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)
....d to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456.......Md. Azizul Hoque, Advocate—For the Petitioner. Obaidur Rahman Mostafa, Deputy Attorney-General—For the Respondents. Writ Petition No.884 of 1995. Judgment Md. Fazlul Karim J.- In this application Rule was issued calling upon the Respondent No.1 to show cause as to why the order dated..Category: Procedural Law | Date: | Hits: 92
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
.... Comilla. The Family Appellate Court by the judgment and decree dated 22-5-1997 allowed the appeal, set aside the judgment and decree recorded by the Family Court and sent the suit back on remand for fresh trial with the observation that the genuineness of the Talaknama and the signature thereon wer......itioner. Farida Begum (Khan), Advocate—For the Opposite Party. Civil Revision No. 2073 of 1998. Judgment AK Badrul Huq J.- The subject matter of challenge in this Rule arising out of an application under section 115 of the Code of Civil Procedure is an order dated March 3, 1998 recorde..Category: Procedural Law | Date: | Hits: 67
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......-94 before the Taxes Appellate Tribunal, Division Bench-I, Dhaka and the Appellate Tribunal by the impugned Judgment affirmed the order of the Commissioner of Taxes (Appeal) and the instant reference application is directed against that order. 3. Mr. AFM Ferojuddin Bhuiyan, the learned Advocate a..Category: Fiscal/Taxation Law | Date: | Hits: 128
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ......te Parties. Civil Revision No. 2138 of 1991. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 16-6-91 passed by the Subordinate Judge, 2nd Court, Dhaka allowing the application under Order 41 rule 5 read with section 151 of the Code of Civil Procedure. Title Appeal..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... section 23(4) of the Act on the failure of the assessee applicant to file return and/or to appear before the assessing authority, the assessing authority kept the matter pending and instead issued a fresh notice upon the assessee applicant under section 34 of the Act on the ground that the assessin...... MA Noor Advocate—For the Applicant. Dabiruddin Ahmed, Deputy Attorney General—For the Respondent. Reference Application No.200 of 1991. Judgment Syed Amirul Islam J.- This reference application is directed against the judgment and order dated 17-9-90 passed by the Taxes Appellate T..Category: Fiscal/Taxation Law | Date: | Hits: 96
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......-10 series and 11 series in the paper book. From Exhibit 10 (ka) it appears that it is the plaintiff who prayed for withdrawing objection of the Bank in getting loan from other Bank. Exhibit-11 is an application for a letter from National Bank Ltd. addressed to the plaintiff which refers to the obje..Category: Civil Law | Date: | Hits: 101
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ...... - This criminal appeal on leave arises out of the judgment and order dated 22.04.2007 passed by the High Court Division in Criminal Miscellaneous Case No. 3875 of 2007 in respect of entertaining the applications under Section 498 of the Code of Criminal Procedure. 2. The case of the respondents..Category: Criminal Law | Date: | Hits: 100
.... costs. The impugned order of the respondent No. 1 is declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
......olved:
Md. Aftab Hossain, Advocate - For the Petitioners.
Not Represented - the Respondents.
Writ Petition No. 415 of 1986
Judgment
Amin-Ur-Rahman Khan J.- The Rule, arising out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh as revived,..
Category: Labour and Industrial Law | Date: | Hits: 170
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ...... Party No. 1 AFM Zubair, Advocate- for the Opposite Parties 2 and 3. Civil Revision No. 2088 of 1996. Judgment Md. Abdur Rashid J.- This Rule was obtained by defendant No. 11 upon making an application under section 115 of the Code of Civil Procedure against judgment and decree dated 25-11..Category: Property Law | Date: | Hits: 91
....Opposite parties then preferred an appeal against the ex parte decree being Other Class Appeal No. 143 of 1987 which was allowed on 22-9-93 and the case was sent back on remand to the trial Court for fresh trial. Against that order of remand the petitioners obtained a Rule in Civil Revision No. 747 ......a Begum, Advocates—For the Opposite Parties.
Civil Revision No. 3859 of 2000.
Judgment
Md. Abdur Rashid J.- This Rule was obtained by the (decree-holders) defendants upon making a revision application under section 115 of the Code of Civil Procedure against order No.87 dated 10-5-2000 pas..
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......Act is not applicable and the learned trial Court further held that the provision of the Code of Civil Procedure will be applicable. The learned Court did not give any finding as to the merit of the- application for restoration in Miscellaneous Case No. 493 of 1990. 11. Being aggrieved by the afo..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....also been filed by respondent No.9 namely, China Harbour Engineering Co which was also found to be responsive, contending that after the opening of the price bid of the technically responsive bidders fresh declaration declaring respondent No.8 technically responsive is contrary to the terms and cond...... of maintainability of the writ petition. He submits that since no contract has yet been executed either with the petitioner or with any other bidder no right has accrued to the petitioner to file an application under writ jurisdiction. Mr. Ahmed next argues that the contract is purely and simply a ..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ...... In view of the fact that this is a very old we are inclined to take it up for disposal on merit on the basis of the materials on record. 9. We have carefully gone through the order as well as the application under section 115(1) of the Code of Civil Procedure. It appears that the learned Subordi..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......he respondent No.1 counters this contention and submits that since the disqualification under consideration is a continuing disability occurring every day, the principle of estoppel and waiver has no application in the instant case. 9. We are inclined to agree with the submissions made by the lea..Category: Constitutional Law | Date: | Hits: 202
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......arya, Advocate—For Opposite Parties No. 1 & 2. Civil Revision No. 3023 of 2000. Judgment Md. Abdur Rashid J .- This Rule was obtained by the pre-emptee (purchaser) by making a revision application under section 115 of the Code of Civil Procedure, in brief, the Code, against order No. ..Category: Property Law | Date: | Hits: 68
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....er and allowed the application of the 3rd party opposite party. The learned Subordinate Judge disposed of the application in a summary manner without examining the parties and also without starting a fresh Miscellaneous Case on the basis of the application filed by the 3rd party opposite party. 1......1997 and got the sale deed registered through Court and got possession of schedule ‘Ka’ land along with schedule ‘Kha’ land through Court. Subsequently, opposite party Haji Md. Yusuf filed an application under Order 21 rule 101 read with section 151 CPC for restoration of possession of sched..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......sanganj Hat in Mouza Jat Amrul, Police Station Atrai, District Rajshahi without any interference from the principal defendants. After the institution of the suit, the plaintiff petitioner filed an application for injunction restraining the principal defendants from leasing out the Waqf portion of..Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......l not mechanically ask for the statements from the parties to the dispute. It will only call for statements from such parties on due consideration of the dispute referred to by the Speaker after full application of mind in order to form its opinion whether there was any need to make a reference on a..Category: Constitutional Law | Date: | Hits: 196
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
.... This Rule at the instance of defendant-appellant-petitioner was issued calling upon the opposites to show cause as to why the impugned judgment and decree so far it relates to remand of the case for fresh trial passed in Title Appeal No.168 of 1996 dated 28th June, 1998 and the decree signed on 2nd......as referred two rulings reported in 43 DLR (AD) 78 as well as 43 DLR (AD) 125 wherein their learned Lordships held: “Remand—When revisional Court need not pass order of remand—The revisional application could be disposed of by the High Court Division without sending the case on remand to th..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......her investigation passed by the learned Magistrate and also gave some guidelines regarding further investigation. 3. Being aggrieved by the above order, the informant moved this Court by filing an application under section 561A of the Code of Criminal Procedure and obtained the present Rule. 4..Category: Criminal Law | Date: | Hits: 39
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