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Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)

....ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ......tioner. Md. Khurshid Alam Khan, Advocate—For the Opposite Parties. Civil Revision No. 2951 of 2006. Judgment Md Abdur Rashid J.- Defendant No. 6 obtained the Rule upon making a revision application made under section 115( 1) of the Code of Civil Procedure against an order dated 21-6-20..

Category: Civil Law | Date: | Hits: 93

Begum Khaleda Zia Vs. Secretary, Ministry of Defence, Government Of Bangladesh, Ganobhaban Complex, Sher-e-Bangla Nagar, Dhaka and others, 2010, 39 CLC (AD)

....ccordingly rejected. However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess. This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14.......d by the High Court Division in writ petition No. 2910 of 2009.) Order 1. To-day the Civil Petition for leave to appeal has been fixed for hearing. On the subsequent prayer of the petitioner an application for mandatory injunction/status quo and a contempt petition has also been brought in the..

Category: Property Law | Date: | Hits: 73

Shilpi Vs. State, 2006, 35 CLC (HCD)

....ke evidence of the appellant Shilpi. Communicate this order to the Tribunal concerned immediately. This appeal is allowed summarily. Ed. This Case is also Reported in: 59 DLR (2007) 539. ......Nirjatan Daman Ain, 2000 has been preferred against the order dated 27-6-2006 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Tribunal, Faridpur in Nari-o-Shishu Case No. 267 of 2003 rejecting the application of the prosecution for examination of the first information report-named witness Shilpi,..

Category: Procedural Law | Date: | Hits: 67

Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ...... AJ Mohammad Ali, Senior Advocate, with Md. Nurul Amin, Advocate—For Added Respondent No. 5. Writ Petition No. 12326 of 2006. Judgment SM Ziaul Karim J.- This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangla­desh, calling ..

Category: Employment/Service Law | Date: | Hits: 89

Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)

.... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145.......d his evidence was recorded. He stated before the Court that he had executed the power of attorney in favour of Nur Mohammad for prosecuting the suit. At this stage, the defendant petitioner filed an application for cross-examining plaintiff Md. Asgar Ali but the learned Senior Assistant Judge rejec..

Category: Procedural Law | Date: | Hits: 76

Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)

....the years 1982 to 1997 could not be said to have been duly called, held and conducted and, as such, the petitioner Tahmid Ahmed and the Company must again be directed to hold annual general meetings afresh in due compliance with the direction of this Court as contained in its order dated 19-3-1998 a......Moniruzzaman Khan with Morshed Ahmed Khan, Advocates—For the Petitioner. Md. Khalequzzaman, Advocate- For the Objector. Matter No.150 of 1997. Judgment Md Joynul Abedin J. - This is an application seeking direction on the petitioner Tahmid Ahmed, a share holder-director of The Bengal ..

Category: Company Law | Date: | Hits: 222

Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)

....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......he summary of the plaint and copy of the order in the Daily Ittefaq and Daily Inqilab. Thereafter on 19-7-98 Court fixed 26-7-9 for hearing about the plaint. Thereafter on 26-7-98 petitioner filed an application under section 28 of the Bankruptcy Act, 1997 praying for dismissal of the plaint. Court ..

Category: Civil Law | Date: | Hits: 78

Abul Khair and others. Vs. Chairman, Chittagong Dock Sramik Parichalana Board and Chairman, Chittagong Port Authority, Chittagong and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Counsel for the appellants. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 803....... being given in case of first medical examination before regis­tration and not in case of medical exam­ination done under clause 13(3), High Court Division erred in discharging the rule holding the application as not main­tainable to follow such medical exami­nation and the appellant having been..

Category: Labour and Industrial Law | Date: | Hits: 109

Md. Alamgir Hossain and others Vs. Bangladesh Bank, repre­sented by the Governor and others, 2009, 38 CLC (AD)

.... instead of resorting to the shortcut pro­vision of rule 13(ii) of the Regulations, 2003. Accordingly, the petitions are dis­posed of. Ed. This Case is also Reported in: VII ADC (2010) 799. ......rmination from service under rule 13(ii) of the Regulations, 2003 and accordingly, allowed the appeal setting aside those of the Tribunal. 6. In view of the provision under consid­eration and the application of the said position in the facts and circumstances of the present, although we do not t..

Category: Administrative Law | Date: | Hits: 215

Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)

.... to transfer of any property has been filed and thus, a com­pletely inconsistent or contrary plea/cause of action and subject matter which could not be allowed to be intro­duced in the suit or on a fresh plea/pleas. Such plea/pleas would be contrary or inconsistent with the plea of the plaint in a......r of the plaintiff asked Bolai to sell the land to Mozaffar; that the said Bolai having refused the plaintiff filed Other Class Suit No.366 of 1984. Haji Sharif and Hanif appeared in the case with an application for addition of party; that the said application was rejected; that the defendant did no..

Category: Property Law | Date: | Hits: 37

Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)

..... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107....... 1993 transferring the aforesaid case to the Court of the District Judge, Dhaka. 2. Short facts relevant for the purpose of the case are that opposite party Bangladesh Shilpa Rin Sangstha filed an application before the District Judge, Dhaka for realisation of its outstanding dues from the petiti..

Category: Civil Law | Date: | Hits: 79

Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)

....818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......or the Petitioner. Rokanuddin Mahmud, Senior Advocate with Moin Uddin, Advocate‑ For Respondent No. 1. Trade Mark Application No. 04 of 2001. Judgment ABM Khairul Haque J.- This is an application under section 46 of the Trade Marks Act, 1940 (the Act), praying for expunging the trade..

Category: Intellectual Property Law | Date: | Hits: 175

Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)

....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......ahidul Islam, Advocates‑ For the Opposite Party 1 (Ka). Civil Revision No. 1982 of 2001. Judgment Mohammad Abdur Rashid J.- This Rule was obtained by the plaintiff upon making a revisional application under section 115 of the Code of Civil Procedure against judgment and decree dated 17­-..

Category: Trust/Waqf Law | Date: | Hits: 228

Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)

....tencing them thereunder to suffer rigorous imprisonment for different terms as stated hereinbefore are set aside. 32. The case is sent back on remand to the Speedy Trial Tribunal, Khulna for a fresh hearing of the case in accordance with law and in the obser­vations made in the body of the j......ore this court. 10. Mr. Md. Shamsul Alam, the learned Advo­cate appearing on behalf of the convict appellants, submits that the convict appellants before the com­mencement of trial filed an application on 27-10­2004 claiming to be minors and, as such, the learned Speedy Trial Tribunal has..

Category: Criminal Law | Date: | Hits: 32

Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)

....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......een him and Uzzal's family. He denied the defence suggestion that he and his son were involved in the construction of a club house which was used for anti-social activities and was demolished upon an application filed by accused Uzzal and his father before the Upazila Nirbahi Officer for which the i..

Category: Criminal Law | Date: | Hits: 35

Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)

....ed appellant Hazrat Ali alias Dulal preferred appeal being Jail Appeal No. 605 of 2004 before the High Court Division, A division bench after hearing allowed the Jail appeal and remanded the case for fresh hearing with finding that the learned Tribunal did not specify as to under what provision of l......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ..

Category: Criminal Law | Date: | Hits: 43

Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480.......a-ul-Huq appearing in Annexure 'A' to the writ petition does not tally with the signature appearing in the Vokalatnama and the affidavit of the writ petition and the subsequent affidavits made in the application for injunction. Under section 73 of the Evidence Act the court can compare the signature..

Category: Property Law | Date: | Hits: 34

Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)

....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ...... Assistant Attorney-General—For the Petitioners. M. Khaled Ahmed, Advocate—For the Opposite Parties. Civil Revision No. 1133 of 2003. Judgment Siddiqur Rahman Miah J.- This revisional application under section 115 (1) of the Code of Civil Procedure is directed against the judgment an..

Category: Property Law | Date: | Hits: 28

Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)

....‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......dgment and order dated 30‑7‑1995 reversed the decision of the learned trial Court and dismissed the pre‑emption proceeding. 5. Being aggrieved thereby the pre‑emptor moved this Court on an application under section 151 (1) of the Code and obtained the present Rule. 6. The case came up ..

Category: Property Law | Date: | Hits: 37

Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)

....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......lease-hold rights in the disputed shops, and that the defendant-petitioner had no right to evict them from their shops except through due process of law. The plaintiffs-opposite parties also filed an application under Order XXXIX rules 1 and 2 of the Code of Civil Procedure for restraining the defen..

Category: Civil Law | Date: | Hits: 77