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SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....peal from Original Order No. 84 of 1998 with Civil Rule No. 225(FM) of 1998. Judgment AHM Shamsuddin Chowdhury J.- This appeal from original order is directed against the judgment and the order dated 13-4-1998 passed by the learned Subordinate Judge, Commercial Court, Chittagong in Other Suit ......of the same could be restrained by an order of injunction. 9. Mr. Khandaker Mahbubuddin, the Senior Counsel for the plaintiff/appellant, who commence his submission at a later stage, contended the decisions in the case of Sarhind Garments Vs. Glory Truth Industries Ltd. reported in 49 DLR 260 and..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....ents. First Miscellaneous Appeal No. 135 of 2001 with Civil Rule No. 384 (FM)/2001. Judgment Sheikh Rezowan Ali J.- This First Miscellaneous Appeal is directed against the judgment and order dated 28‑2‑2001 passed by the learned Subordinate Judge, 1st Court, Rangpur in Miscellaneous Cas......and, therefore, the petitioner appellant did not cease to be a co-sharer in the case land in absence of such partition and lose his right of pre‑emption. To illustrate his submission he has cited a decision in the case of Md. Shafiuddin Chowdhury Vs. Md. Abdul Karim and others reported in 52 DLR (..Category: Property Law | Date: | Hits: 53
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
....l Hoque Siddique, Advocate-For the Petitioners. MA Tariq, Advocate-For the opposite parties. Civil Revision No. 6482 of 2002. Judgment ABM Khairul Haque J.- In this Rule three Orders all dated 19‑11‑2001 passed by the Senior Assistant Judge, Second Court, Khulna in Title Suit No. 34......I rule 11 (d) of the Code of Civil Procedure, contending, inter alia, that the Association is a registered trade organisation and the plaintiff being a member of the said organisation, challenged the decision of the organisation in the suit which is barred under section 12 of the Trade Organisation ..Category: Civil Law | Date: | Hits: 74
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
....‑For the State. Criminal Appeal No. 2261 of 2001. Judgment Md. Abdur Rashid J.- This appeal was presented under section 410 of the Code of Criminal Procedure against the judgment and order dated 29-11‑1989 passed by the Additional Sessions Judge at Bagerhat in Sessions Case No. 62 of ......entenced him. Lastly, he submitted that the circumstantial evidence on record do not conclusively prove the appellant Abdur Rouf committed murder of Firoja. 34. In support he relied upon following decisions: 33 DLR 320, Ismail Sarker alias Sudan Member and others Vs. State; AIR 1972 SC 110, Ra..Category: Criminal Law | Date: | Hits: 44
Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)
....ty No. 1 complainant agreed to purchase a flat at 4th floor of International Romance measuring 1735 sft as per agreement in between them. As per agreement she handed over a pay order being No. 250159 dated 26-6‑1997 in favour of the accused petitioner for Taka 22,00,000 and after receipt of the ......me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200...Category: Criminal Law | Date: | Hits: 28
Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)
....State. Criminal Appeal No. 196 of 2000 with Criminal Appeal No. 197 of 2000. Judgment MA Aziz J.- Criminal Appeal No.196 of 2000 and Criminal Appeal No.197 of 2000 are directed against order dated 14-2-2000 refusing bail to appellant Kawser Alam Khan by the Metropolitan Special Tribunal No.......pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298...Category: Criminal Law | Date: | Hits: 54
Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)
.... Not represented— the Opposite Party. Civil Revision No. 1007 of 1986. Judgment Md. Abdur Rashid J. - This Rule was obtained by the petitioner, Abdul Hoque against the Judgment and Order dated 8-11-86 passed by Additional District Judge, 1st Court Dhaka in Miscellaneous Appeal No.518 of......ni, Abdul Huq was appointed. So, the Waqfs Administrator rightly cancelled the appointment of Abdul Huq. Upon such view of the matter, the court of appeal below dismissed the appeal and confirmed the decision of the Waqf Administrator. 7. Being aggrieved by the said appellate order confirming ca..Category: Trust/Waqf Law | Date: | Hits: 174
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....ahidul Haque, Tania Siddiqua and Chamon Aktar, Advocates—For the Opposite Parties. Civil Revision No. 31 of 1996. Judgment Syed Amirul Islam J. -This Rule is directed against Order No. 177 dated 9-10-1995 passed by the learned Subordinate Judge, First Court, Faridpur, in Title Suit (Pre-e...... the notes appearing in the book, “Law on Partition”, Third Edition, published by Dhaka Law Reports, without citing the case law or elaborating the facts therein which has caused a failure in the decision occasioning a failure of justice. The learned Advocate further submits that the superior Co..Category: Administrative Law | Date: | Hits: 210
Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)
....tions are taken up together as the issue involved is the same and in all these petitions, the petitioner is Rupali Bank Ltd. 2. The writ petition No. 1303 of 1996 arises against Judgment and order dated 25-2-96 passed by the Chairman, Second Labour Court Dhaka, in IRO Case No. 258 of 1995 filed b...... the respective parties. Having regard to the continuous service rendered by the respondents employees and the nature and manner of services given by them to the Bank, we do not find any wrong in the decision arrived at by the Labour Court that the employees are regular employees of the Bank and the..Category: Labour and Industrial Law | Date: | Hits: 134
Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)
.... petitioner received taka 5,75,000 in cash and Taka 54,91,968 as per involve from the opposite party No. 2 and against the said money the accused petitioner issued cheque No. 239022 for Taka 5,75,000 dated 26‑1‑1999 and cheque No. 239021 for Taka 54,91,968 dated 16‑3‑1999 drawn on ANZ Grindl......re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199...Category: Banking Law | Date: | Hits: 191
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....ttorney-General-For Respondent No. 1. Writ Petition No. 6076 of 2000. Judgment Amirul Kabir Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why order dated 29‑10‑2000 passed by the Court of Settlement No. 1 in Case No. 15 of 2000 (Ka‑1 Tejkunip...... circumstances. 6. We have given our anxious consideration to the submissions made at the Bar and we are of the view that examination of the said documents by CID shall be of no use to come to any decision in the case and therefore, we find that at the fag end of the hearing of the case by not ca..Category: Property Law | Date: | Hits: 59
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....sistant Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent No.2. Not Represented—Respondent No. 1. Civil Appeal No. 15 of 2003. (From the judgment and order dated 17-7-2001 passed by the High Court Division in Writ Petition No.1003 of 1994.) Judgment ......e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ..Category: Property Law | Date: | Hits: 65
Korban (Md.) Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
.... or in an unlawful manner. 2. Heard the learned Advocate Mr. Sk Md. Morshed for the petitioner. He has submitted that this detenu was earlier detained by the District Magistrate, Dhaka by an order dated 1‑9‑2002 and the petitioner by filing WP No. 4674/02 challenged the order of detention and......f receipt of this order. The District Magistrate, Dhaka Mr. Md. Abdul Huq is directed to pay a compensatory cost of Taka 5,000 to the detenu. Ed. This Case is also Reported in: 55 DLR (2003) 194...Category: Constitutional Law | Date: | Hits: 161
Sultana Begum and others Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....e Constitution of the People's Republic of Bangladesh was issued asking the respondent Nos.1 & 2 to show cause as to why the Gazette Notification SRO No. 30‑Ain 2000 Sha‑Poura-2 Ga Sha‑1/92 dated 3‑2‑2000, issued by the respondent No. 1, Annexure-A to the petition, should not be declar......ns or objections under Declaration and Alterations of Municipalities Rules, 1978 have neither been properly issued nor the objections filed by the local people have been considered for the purpose of decision taken by respondent No.1 to extend the of the Kushtia Pourashava curtailing the same from J..Category: Election Law | Date: | Hits: 85
State Vs. Alal Mia and others, 2010, 39 CLC (AD)
....09.) Md. Abu Siddique, Advocate-on-Record- For the Respondents. (In Criminal Petition No. 246 of 2009) Criminal Petition for Leave to Appeal Nos. 245-46 of 2009. (From the judgment and order dated the 14th day of July, 2008 passed by the High Court Division in Death Ref.No.01 of 2005 with C......t the testimony of P.W.'s 10, 12 and 16 in the case in hand. 9. The High Court Division, considering the facts and circumstances, evidence both oral and circumstantial, provisions of law and the decision as referred to, observed that the prosecution in the instant case has miserably failed to p..Category: Criminal Law | Date: | Hits: 46
Commissioner of Customs and others Vs. M/S. R.R. International and others, 2009, 38 CLC (AD)
.... Hossain, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal Nos. 660-669 of 2001. (From the judgment and order dated 30.7.2000 passed by the High Court Division in Writ Petition Nos.3271, 5239, 4678, 4677, 4013,......er dated 30.7.2000 of the High Court Division passed in Writ Petition Nos. 3271, 5239. 4678, 4677, 4013, 4014, 2754, 2817, 3065 and 6420 of 2007 making absolute the Rules obtained impugning the order/decision dated 4.6.1997 for application of the provisions of SRO 113 dated 11.5.97 and for withdra..Category: Fiscal/Taxation Law | Date: | Hits: 93
Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)
....alil, Advocate-on-Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 290 of 2009. (From the judgment and order dated the 15th day of December, 2008 passed by the High Court Division in Civil Revision No. 3902 of...... Mr. Md. Ibrahim Khalil, learned Advocate-on-Record, appearing for the petitioner submitted that the Court of Appeal below and the High Court Division committed an error of law resulting error in the decision occasioning failure of justice in overlooking the oral and documentary evidence on record..Category: Property Law | Date: | Hits: 47
Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)
....filing affidavit-in opposition denied the material allegations and stated that the respondents never obtained any signatures of the petitioner on blank letterheads. The Extraordinary General Meetings dated 15-10-2000 and 25-10-2000 were held in presence of the petitioner and the respondent Nos. 2 an......hat the respondent Nos. 2 and 3 were acting in with each other. He also noticed that during his absence the respondent No. 2 has assumed all powers of the Company. In the said board meeting arbitrary decisions, with objections from the petitioner, were taken which were detrimental to the interest of..Category: Company Law | Date: | Hits: 247
Md. Kamal and another Vs. State, 2010, 39 CLC (AD)
....Record-For the Petitioner (In both the cases) Not represented- the Respondent (In both the cases) Criminal Review Petition for Leave to Appeal Nos. 3-4 of 2010. (From the judgment and order dated the 14th day of October, 2009 passed by the Appellate Division in Criminal Petition for Leave ......and order dated 14.10.2009 passed by the Appellate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988...Category: Criminal Law | Date: | Hits: 54
State and Others Vs. Abdul Kader @ Mobail Kader and others, 2010, 39 CLC (AD)
....Khalequzzaman, Advocate-on-Record-For the Respondent (In Criminal Petition No. 32 of 2009) Criminal Petition for Leave to Appeal Nos. 193-94 of 2008 and 32 of 2009. (From the judgment and order dated the 25th day of November, 2007 passed by the High Court Division in Reference No. 14 of 2004 w......nal statement of Bazlur Rahman supported the circumstantial evidence though it was retracted, it cannot be denied. The High Court Division ought to have considered it in their findings and in the decisions committed an error occasioning failure of justice. The impugned judgment and order of the ..Category: Criminal Law | Date: | Hits: 46
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