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Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......which the present defendant No. 3 as appellant filed Title Appeal No. 34 of 1984 and the learned Sub-ordinate Judge allowed the appeal. The defendant also asserted that the present plaintiff filed an application under Order 1 rule 10 of the Code of Civil Procedure for adding him as a party in the sa..Category: Property Law | Date: | Hits: 51
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......:
Moudud Ahmed with AM Mahbub Uddin, Advocates— For the Petitioner.
Farid Ahmed, Advocate — For the Respondents.
Writ Petition No. 1491 of 1996.
Judgment
AK Badrul Huq J. - By this application under Article 102 of the Constitution an order contained in Memo No. 485/DAB (Dhaka) dat..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....nd there was a new cause of action for which separate petition should have been filed. The leave petition was heard and the Appellate Division directed this petitioner that a petition might be moved afresh before the High Court Division. It is also stated that respondent No. 1 made it clear before t......t them from charging the full amount and to refund the excess amount so far realised. The respondents, however, did not give any reply to the notice. For such continuing action to charge the rates an application was filed on 18-11-97 for modification of the ad-interim order passed in the Writ Petiti..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ...... the land was not handed over in favour of the Government. The petitioner, thereafter, along with other persons whose land were requisitioned in the aforesaid LA Case comprising the same plot made an application to the Minister for Land for releasing the land and the concerned Minister referred the ..Category: Criminal Law | Date: | Hits: 37
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ...... 1974) arises out of the order dated 3-2-99 passed by the learned Sessions Judge and Special Tribunal No.1, Rangpur in Special Tribunal Case No. 30 of 1998 pending in the Court for trial rejecting an application under section 241A of the Code of Criminal Procedure for discharging the accused appella..Category: Criminal Law | Date: | Hits: 47
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......mmittee and ultimately, the price was fixed at US $5500 per metric ton upholding the order of cancellation of CRF value by the Review Committee. 9. We have already noticed that although the review application was filed against the decision of the Appellate Tribunal in which a particular document ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361.......40 DLR (AD) 170. 5. Mr. Obaidul Hassan Shaheen, the learned Assistant Attorney-General appearing for the respondent No.1 opposes the Rule and supports the impugned order. 6. We have perused the application and the papers annexed hereto and considered the submission made by the learned Advocate..Category: Others | Date: | Hits: 105
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......e sheet vide Memo No.24-App.Tri-1/ (Bekti)/99/689 dated 18-3-95 by the President the respondent No.1 which is impugned in this Writ Petition. The allegations in the charge are that petitioner made an application on 9-11-94 against the two drivers, Ramzan Ali and Serajul Islam alleging that they misb..Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....esh Shilpa Bank, Bangladesh Shilpa Rin Sangstha, Krishi Bank or any other Commercial Banks and the Financing institutions shall be assumed by the buyer on the existing terms and conditions or on such fresh terms and conditions if any as may be agreed upon between the buyer and the concerned Financin......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ..Category: Others | Date: | Hits: 95
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....Court of the Subordinate Judge for disposal. 6. It appears that on the prayer of the plaintiff appellant for permission to withdraw the suit on the ground of formal defects with permission to sue afresh on the same cause of action. The learned Subordinate Judge by his order dated 10-6-1989 ex par......he judgment and decree passed by the trial Court without hearing the defendant opposite party and without deciding the appeal on merit. Thereafter defendant-opposite party Nos. 1-3 filed on 8-7-89 an application under Order 41 rule 21 of the Code of Civil Procedure for re-hearing of the appeal after..Category: Property Law | Date: | Hits: 88
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......he Code of Criminal Procedure and the other relevant circumstances like the chance of absconding, tampering with evidence or hindering the course of trial should also be considered in disposing of an application for bail. Mr. Khondakar contends there is no chance of abscondence by Shah Moazzem Hossa..Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....ssion made herein before we are of the view that the Rule got merit. In the result, the Rule is made absolute. The impugned judgment is set aside and the case is sent back to the learned Judge for fresh disposal in accordance with law. The learned trial Judge will secure the attendance of the acc......or the Opposite Parties. Criminal Revision No. 268 of 1986 (Comlila) Criminal Revision No. 55(C)/1988. Judgment AK Badrul Huq J.- The subject matter of challenge in this Rule issued on an application under section 439 of the Code of Criminal Procedure at the instance of the informant-pet..Category: Criminal Law | Date: | Hits: 42
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....ag PS case No. 20(3) 1990 pending before the 5th Court of Additional Sessions Judge and Special Judge, Dhaka is hereby quashed, However, the prosecution is at liberty to get the matter enquired into afresh after necessary compliance of provision of law as stated in the body of the judgment if so des......” For the Petitioner. Mahmud Hossain, Assistant Attorney-General — For the State. Criminal Miscellaneous Case No. 3617 of 1995. Judgment Md. Hassan Ameen J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure filed by the accused petitioner Md...Category: Criminal Law | Date: | Hits: 62
Harun and others Vs. State, 1998, 27 CLC (HCD)
....ed by the learned Sessions Judge cancelling the bail of the accused petitioner Md. Hanif requires to be set aside. The Additional Sessions Judge who is in seisin of the case will consider the matter afresh after hearing both the parties within 15 days from the date of receipt of the copy of the orde....... 142 of 1998 with Criminal Miscellaneous Case No. 254 of 1997. Judgment AK Badrul Huq J. - Criminal Miscellaneous case No.1212 of 1996, 310 of 1998 and 142 of 1998 arising out of three applications for bail of three accused petitioners under section 498 of the Code of Criminal Procedu..Category: Criminal Law | Date: | Hits: 65
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ...... standard and since there is no article in the country called "non-alcoholic malt beverage" so, they also did not fix any standard for such an item from before and, as such, they had to turn down the application of the petitioners for licence for their "non-alcoholic malt beverage" product called "C..Category: Others | Date: | Hits: 182
Syed Muhammad Mashiur Rahman Vs. President of Bangladesh and others, 1996, 25 CLC (HCD)
.... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ......mmad Mashiur Rahman, Petitioner in person. Abdul Wadud Bhuiyan, Additional Attorney General-for the respondents. Writ Petition No. 1729 of 1996. Judgment Md. Mozammel Haque J.- This is an application under Article 102 of the Constitution of the People's Republic of Bangladesh. Mr. Syed M..Category: Constitutional Law | Date: | Hits: 199
Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)
....on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4........ The case of the contesting defendants, in short, is that the disputed land appeared from the river Bishkhali which is accreted land and while the same became cultivable the defendant Nos.4-31 filed application for getting settlement of the land' as they are landless people and the authority after ..Category: Property Law | Date: | Hits: 57
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......the lower appellate Court by the judgment and decree dated 4-5-95 dismissed the appeal affirming the judgment and decree passed by the trial Court. 6. The defendant respondents thereafter filed an application under Order 47 rule 1 of the Code of Civil Procedure on 9-7-95 praying the learned Subor..Category: Property Law | Date: | Hits: 59
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......al Sessions Judge by his order dated 28-9-92 again rejected his petition on the ground that the petitioner not being a servant of the Republic no sanction is required for prosecution. Besides, on the application of the Assistant Public Prosecutor amended the charge and this time framed two charges. ..Category: Criminal Law | Date: | Hits: 50
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......efit under Import Particular Registration Scheme dated 12-6-97. The Scheme says that any exporter is entitled to the benefit on fulfillment of the condition laid down therein. The petitioner filed an application for such relief under the Scheme. But the conditions could not be fulfilled. Therefore, ..Category: Fiscal/Taxation Law | Date: | Hits: 84
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