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Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....s. Civil Revision No. 2043 of 1991. Judgment Khademul Islam Chowdhury J.- This Rule issued on an application under section 115(1) of the Code of Civil Procedure is directed against the order dated 6-3-1991 passed by the learned Assistant Judge, Additional Court Rajshahi in OC Suit No. 402 o......he suit having taken effect for non substitution of the legal representatives of the deceased sole defendant within prescribed time the trial Court has committed error of law resulting in an error in decision occasioning failure of Justice in allowing the belated application for amendment the implea..Category: Property Law | Date: | Hits: 71
Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)
....eral—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 20-4-92 passed by the respondent No.1 dismissing the Case No.191 of 1988 (Ka 303) Mirpur, Dhak......after such enquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence. Both oral and documentary, if any may make such decision on the prayer of the applicant as it deems fit. Thus, the Court of settlement was obliged t..Category: Procedural Law | Date: | Hits: 92
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....vil 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 recorded by the learned Family Court and Senior Assistant Judge, Comilla Sadar i......ent Rule. 5. The basic ground upon which the Revision Petition has been founded is that the Family Court misinterpreted section 21 of the Family Court Ordinance and thus, committed an error in the decision. 6. Lucky, the learned Advocate for Mr. Mashuque Hossain Ahmed appeared in support of th..Category: Procedural Law | Date: | Hits: 67
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....hmed, 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 Tribunal Bangladesh, Dhaka, in Income Tax Appeal No.1656......h an order of assessment within the period of 2 years i.e. 30-6-84 before which the notice under section 34 of the Act was issued and served. 4. Mr. Noor in support of his contention relies on the decisions reported in 29 ITR 30, 51 ITR (SC) 557 and 145 ITR 225. 5. Mr. Dabiruddin Ahmed, the le..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....asan Shaheen, Assistant Attorney-General—For the Respondents. Writ Petition Nos. 548 and 464 of 1994. Judgment Syed Amirul Islam J.- Both the Rules arise out of the same Judgment and order dated 1-12-1991 passed in Case No.719 of 1987 by the 1st Court of Settlement, Dhaka and as such they......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439...Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....hamsuddin, Advocates—For the Respondents. First Appeal No. 97 of 1994. Judgment Md. Abdul Maim J.- This appeal at the instance of the defendants is directed against the judgment and decree dated 19-1-1994 passed by the Subordinate Judge Munshiganj in Money Suit No.1 of 1991. 2. The Res...... has referred to the case of Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim and others reported in 11 BLD 256 = 43 DLR 644 in support of his contention. But on a careful reading we find that the decision rather goes against his submission inasmuch as in paragraph 2 of the said judgment it has b..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
.... Senior Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record - For the Respondent (In Civil Appeal No. 151 of 2001) Civil Appeal Nos. 95 and 151 of 2001 (From the Judgment and Decree dated 30.5.2000 passed by the High Court Division in First Appeal No. 225 of 1999) Judgment ......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....ocate with him) instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-5. Criminal Appeal No. 65 of 2007. (From the judgment and order dated 22.04.2007 passed by the High Court Division in Criminal Miscellaneous Case No. 3875 of 2007) ......t Division. 25. In the case of Basheshar Nath Vs. Commissioner of Income Tax, Delhi and Rajasthan and another reported in AIR 1959 (SC) 149 it was held that the Supreme Court should not give decision on any law which is not strictly necessary for disposal of the case before it. This Court i..Category: Criminal Law | Date: | Hits: 100
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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, is directed against the order dated 28.5.85 passed by the Respondent No. 1 namely the Chairman, Labour Court, Rajshahi in I. R.O.......5.78. Prior to that some clerks were appointed on ad-hoc basis on different dates in the year 1975. Those clerks were not selected through the Public Service (2nd) Commission. The authority took decision that those persons selected by the P.S.C. as Ticket. Collectors but appointed as clerks s..
Category: Labour and Industrial Law | Date: | Hits: 170
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....o. 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 25-11-95 passed by Additional District Judge at Kushtia in Title Appeal No. 262 of 1990 modify...... for the order of injunction passed in Title Suit No. 626 of 1975. This submission also fails. 18. The Court of appeal below therefore, did not commit any error of law resulting in an error in its decision occasioning failure of justice in decreeing the specific performance of the agreement in it..Category: Property Law | Date: | Hits: 91
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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 passed by Subordinate Judge, 1st Court, Bogra in Other Class Suit No.78 of 1987 by w......ate Judge acted beyond his jurisdiction in staying further proceedings of the execution case pending before the executing court which has resulted in serious miscarriage of justice. He also cites the decision in the case of Alhaj Mirza Shamsuddin Beg Vs. Bangladesh and another reported in 41 DLR 356..
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....il Revision No. 166 of 1992. Judgment Faruque Ahmed J.- This Rule at the instance of the defendant petitioner was issued calling upon the opposite, parties to show cause as to why the Order No. dated 28-8-91 passed by the learned Subordinate Judge, 1st Court, Chittagong Sadar in Miscellaneous ......rder 9 rule 9 of the Code of Civil Procedure for setting aside the order of dismissal and for restoration of the suit which was ultimately allowed by the SCC Judge and the High Court Division in that decision held that when a SCC Suit is dismissed for default provision of Order 9 rule 9 of the Code ..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....01. Judgment Kazi AT Monowaruddin J.- This Rule was issued calling upon the respondent Nos.1-7 to show cause as to why they shall not be directed to abide by the decision of the meeting No.8823 dated 13-9-2000 (Annexure-B to the petition) of the Board of Chittagong Port Authority, the responde....... 9. Writ Petition No.7 of 2001. Judgment Kazi AT Monowaruddin J.- This Rule was issued calling upon the respondent Nos.1-7 to show cause as to why they shall not be directed to abide by the decision of the meeting No.8823 dated 13-9-2000 (Annexure-B to the petition) of the Board of Chittag..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....olved: Not represented— the Petitioner. Not represented — the Opposite Parties. Civil Revision No. 190 of 1981. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.186 of 1978. 2......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. ..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
..... 4569 of 2000. Judgment Md. Joynul Abedin J.- The petitioner, Hussain Muhammad Ershad, filed this petition under Article 102 of the Constitution challenging the Notification No.1(9)/2000 Law 2 dated 30-8-2000, Annexure-A, issued by the respondent No.1, Secretary, Bangladesh Parliament Secreta......as taken, till this was finally decided and adjudicated upon by the Court. Similar consequence was also accepted in the case of Manni Lal Vs. Parmai Lal, AIR 1971 (SC) 330. 16. From the aforecited decisions in the Indian jurisdiction it is quite clear that the legislature intended in its wisdom t..Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
....ellaneous Case No. 4587 of 1999. Judgment Md. Munsurul Haque Chowdhury J.- By this Rule opposite party was called upon to show cause as to why the impugned proceeding of Motijheel PS Case No.13 dated 02-03-99 and GR case No. 1267 of 1999 now pending in the court of learned Metropolitan Magistr...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ..Category: Criminal Law | Date: | Hits: 43
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... 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. 33 dated 4-5-2000 passed by Senior Assistant Judge, Sadar, Sunamganj in Miscellaneous Case No. 22 of 19......ng the application without deciding the application on the basis of the deeds produced on the market price of the land which has resulted in serious miscarriage of justice. He relies heavily upon the decision of a Division Bench in the case of Md. Azizul Bari Vs. Ismail and others, reported in 19 DL..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....nted—the Opposite Party Jail Appeal No. 4103 of 1991. Judgment Md. Abdur Rashid J.- This appeal was presented under section 420 of the Code of Criminal Procedure against judgment and order dated 31-3-90 passed by the Sessions Judge, Pabna in Sessions Case No.33 of 1989 (arising out of Cha......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....Md. Alamgir and Jail Gazi, Advocates—For the Opposite Party. Civil Revision No. 3254 of 2000. Judgment SK Sinha J.- Petitioner is the decree-holder who obtained this Rule against the order dated 11-6-2000 of the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Execution......session, whether it was on his own account or on account of a person other than the judgment-debtor. The proceedings following an objection under rule 100 of the Code are summary in character and the decision thereon is subject to a suit under rule 103 of Order 21 CPC. Since the determination of the..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....tes—For the Petitioner. Abdul Quayum, Deputy Attorney-General—For Opposite Parties. Civil Revision Case No. 2164 of 1999. Judgment SK Sinha J.- This Rule is directed against the order dated 15-6-1999 of the learned Additional District Judge, Naogaon in Miscellaneous Appeal No.38 of 1...... rightly interfered with the order of the learned Subordinate Judge. I do not find any illegality or impropriety in the order of the Court of appeal below. 15. Mr. Sk Afzalur Rahman has referred a decision in the case of Province of East Pakistan and another Vs. Md. Mehedi Ali Khan and others, 11..Category: Property Law | Date: | Hits: 105
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