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Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)

....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......ntered appearance through Advocate but did not file affidavit-in-opposition to contest the Rule and by the impugned judgment and order the Rule was made absolute and hence this leave petition with an application for condonation of delay of 98 days. In view of the statements made in the application f..

Category: Others | Date: | Hits: 81

Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)

....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......after hearing both sides by his order dated 21.1.86 dis­missed the Miscellaneous Appeal and confirmed the order earlier passed by the learned Munsif. The peti­tioners then preferred this revisional application and obtained the present Rule. 6. Mr. A.F.M. Shahid, the learned Advocate appearing o..

Category: Procedural Law | Date: | Hits: 95

Mrs. Tahera Islam Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1987, 16 CLC (HCD)

....no order for deten­tion after expiry of the previous extended term which expired on 28.7.87 but still the petitioner's husband was not released and kept under illegal detention and only on 26.8.87.a fresh extension was illegally or­dered with retrospective effect. 3. On behalf of the State an a...... Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compli­ance. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 193...

Category: Banking Law | Date: | Hits: 151

State Vs. MA Monir & Others, 1987, 16 CLC (HCD)

....egging pardon for what they have edited and published 5. The learned Additional Attorney General ap­pearing at our instance as the prosecutor has placed the offending publication for our perusal afresh. It may be stated that the Daily Inqilab made its publi­cation on the 4th June, 1986 and the ......cover "not known". Contemner No.2 is the Editor, Contemner No. 3 is the Editor-General and the contemner No.4 is the Printer and publisher of the Daily Inquilab. 3. The contemner Nos. 2-4 filed an application for transfer of the contempt matter from Comilla Bench to Dhaka Bench. The prayer was al..

Category: Criminal Law | Date: | Hits: 35

Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)

....re important evidence hav­ing a material bearing on the merits of a case is subsequently discovered there are three courses open to a party to the litigation. He may (i) ap­ply for admission of the fresh material as addi­tional evidence before the judgment is pronounced, (ii) apply for a review o......endant No. 11 are entitled to 1/4th share, heirs of Saiyad Banu are entitled to 1/8th share and the de­fendant No.1 is entitled to 5/8th share of the suit property. 7. It is stated in the present application that the petitioners as heirs and successors of deceased defendent No.1 Ismail applied f..

Category: Property Law | Date: | Hits: 29

Asgar Ali & others Vs. Additional Deputy Commis­sioner, Khulna & others, 1987, 16 CLC (HCD)

.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......d: Miah Abdul Gafur, Advocate - For the Petitioner. Not Represented - the opposite party. Civil Revision No. 45 of 1987. Judgment Anwarul Huq Chowdhury J. - This Rule arises out of an application under sec­tion 115 of the Code of Civil Procedure and is direct­ed against the Judgeme..

Category: Property Law | Date: | Hits: 36

Belal Ahmed Vs. State, 1987, 16 CLC (HCD)

....liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ...... Surendra Kumar Sinha, Advocate - For the Petitioner. Fazlul Hoque, Assistant Attorney General - For the State. Criminal Revision No. 47 of 1985. Judgment Qazi Shafi Uddin J.- This is an application under section 439 of the Code of Criminal Procedure directed against the judg­ment and ..

Category: Criminal Law | Date: | Hits: 38

Kamaluddin Ahmed Sarwar alias Alhaj Kamaluddin Sarwar being dead his heirs Hasina Banu and others Vs. Mohammad Shahjahan and another, 2010, 39 CLC (AD)

....d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 421. ...... the plaintiff did not prove the execution of the contract by examining the witnesses, who were supposed to prove it. Under such circumstances, the plaintiff with a view to remove the defect filed an application for recording additional evidence under Order 41 Rule 27 read with section 107 of the Co..

Category: Procedural Law | Date: | Hits: 68

Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......h AM Mahbub Uddin, Advocates—For the Petitioner Obaidul Hasan Shaheen, Deputy Attorney General— For the Respondents. Writ Petition No.1481 of 2001. Judgment Md. Shamsul Huda J.- On an application filed by the petitioner under Article 102(2)(b)(i) of the Constitution of the People’s..

Category: Criminal Law | Date: | Hits: 45

SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)

....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......, Advocates—For the Opposite Party Nos. 1, 4 and 6. Civil Revision No.1585 of 1999. Judgment Md. Abdur Rashid J.- This Rule was obtained by the preemptor upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 31-03-..

Category: Property Law | Date: | Hits: 39

Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)

....ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......sistant Judge, 2nd Additional Court, Dhaka in Title Suit No.79 of 1998 accepting the report local investigation without hearing the plaintiff-petitioner, should not be set aside. 2. The Revisional application was filed mainly on the grounds, among others, that learned Assistant Judge, Dhaka commi..

Category: Property Law | Date: | Hits: 28

Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)

.... action for filing the present suit in the Family Court for the same relief. The trial Court has made further observation that there is no bar in coming to the Family Court getting maintenance if the fresh cause of action arises but two cases, one in criminal court and another in Family Court, for t...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175...

Category: Family Law | Date: | Hits: 186

Micro Industries Development Assistance Society (MIDAS) Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

....mulated in both the reference applications are answered in the negative and in favour of the assessee. There will be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 168.......tafa Adil, Advocate—For the Applicant. Dabiruddin Ahmed, Deputy Attorney-General—-For the Respondent. Application Nos. 8 & 9 of 1997 Judgment Md. Awlad Ali J.- These two reference applications at the instance of the Micro Industries Development Assistance Society (MIDAS), (herein..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....tion. But the petitioner did not get any positive response from the respondents, rather was informed by some of the respondents that until and unless the Ministry of Housing and Public Works issued a fresh release order and published that in the official Gazette, the respondents would not mutate the......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165...

Category: Property Law | Date: | Hits: 38

Rajdhani Unnayan Kartripakkha (RAJUK) Vs. MN Alam and Associates Ltd. and another, 2001, 30 CLC (HCD)

.... and order of the trial Court are affirmed. We direct that the parties will bear their own costs. Send down the LCR, if any, immediately. Ed. This Case is also Reported in: 54 DLR (2002) 161.......ing aggrieved by and dissatisfied with the impugned judgment and order passed in Title Suit No.1 of 1999 (under section 14(2) of the Arbitration Act 1940) the petitioner has preferred this revisional application under section 115(1) of the Code of Civil Procedure. 6. Mr. Md Mahbubey Alam, the lea..

Category: Alternative Dispute Resolution | Date: | Hits: 196

Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)

.... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ...... Hassan Ariff Advocate—For the Respondent No.1. S K Siddique, Advocate —For the Respondent Nos. 11 & 12. Company Matter No. 77 of 1999. Judgment Md. Joynul Abedin J .- This is an application under section 43 of the Companies Act,1994 for rectification of the register of members ..

Category: Company Law | Date: | Hits: 203

Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)

....he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......ner judgment-debtor, the learned Family Court by his order dated 11-11-97 allowed instalments for payment of the decretal dues by the judgment debtor. Thereafter the plaintiff opposite party filed an application before the learned Family Court praying for realisation of the decretal dues at a time o..

Category: Family Law | Date: | Hits: 155

M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)

....-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ......t Dhaka to set aside aforesaid ex parte Judgment and decree passed by Artha Rin Adalat No. 1 in Artha Rin Suit No. 254 of 2002. 3. Sonali Bank as defendant appeared in TS No. 194/2002 and filed an application under Order VII, rule 11 of the Code of Civil Procedure for rejecting the plaint of abov..

Category: Civil Law | Date: | Hits: 92

Modern Cold Storage Ltd. Vs. Secretary, Ministry of Energy & Mineral Resource and others, 2006, 35 CLC (HCD)

....and are of no legal effect. The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 690....... (4)******** (5)******** (6) Where any difference or dispute arises as to whether any meter referred to in sub-section (1) is or is not correct the matter shall be decided, upon the application of either party, by an Electric Inspector, or by a competent person specially appointed ..

Category: Others | Date: | Hits: 131

Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)

.... stated in the FIR that the accused No. 1, Abul Kalam Azad, in order to grab the other landed property owned by the informant and his brother transformed the earlier Bainapatra dated 12-3-1992 into a fresh Bainapatra putting a false date on it as 18-8-1996 and also changing the penultimate page of t......on report voluntarily surrendered before the Metropolitan Magistrate, Chittagong and obtained enlargement on bail. Thereafter, the accused petitioner, Abdur Rahman, alone preferred this miscellaneous application under section 561A of the Code of Criminal Procedure and obtained the instant Rule. ..

Category: Criminal Law | Date: | Hits: 43