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Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)

....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......o.3. Kazi Shahadat Hossain, Advocate — For Respondent No.4. Abdur Razzaq, Advocate — For Respondent No.5. Writ Petition No.1216 of 1999. Judgment Mainur Reza Chowdhury J.- On the application filed by the petitioner under Article 102 of the Constitution a Rule Nisi was issued cal..

Category: Constitutional Law | Date: | Hits: 216

City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)

....i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......ion to remove temporary & permanent structures built inside the River Buriganga, Turag at Dhaka and Shitalakkha at Narayangonj violating the provision of law. The petitioners sought to bring this application by invoking Article 102 of the Constitution as public interest litigation in order to ta..

Category: Environmental Law | Date: | Hits: 344

Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)

..... 1 of 2008 declaring the fixation of record date on 25.09.2005 for holding 20th, 21st and 22nd AGMs of United Commercial Bank Ltd. as illegal and directing United commercial Bank Ltd. to (a) prepare fresh balance sheets showing the paid up capital at the post 2001 meeting level for the years 2003, ......03 and 2004 and why the fixation of the Record Date as 25.09.2005 for holding the 20th, 21st and 22nd AGMs of UCBL should not be declared illegal. Further, pending the hearing and disposal of this application the respondent No.1 UCBL shall be at liberty to hold the 20th, 21st and 22nd AGMs as sch..

Category: Company Law | Date: | Hits: 191

Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)

....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......ed: AFMA Rahman, Advocate‑ For the Petitioner. Khan Saifur Rahman, Senior Advocate‑ For Respondent No. 1. Admiralty Suit No. 12 of 2001. Judgment A B M Khairul Haque J.- This is an application for an order of mandatory injunction, praying for recovery of possession of the vessel M..

Category: Admiralty Law or Maritime Law | Date: | Hits: 188

Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)

....d decree of the trial Court in Title Suit No. 26 of 1992 are restored and Title Suit No. 26 of 1992 is dismissed. Title Suit No. 38 of 1992 is sent back on remand to the trial Court for writing out a fresh judgment on the question of possession and dispossession only as made out by the petitioner Fa......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49...

Category: Property Law | Date: | Hits: 27

Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)

....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43....... in the 4th Court of Subordinate Judge, Dhaka praying for a declaration of title in respect of the suit shop i.e. shop, No. 180, Kaoran Bazar, (first floor), Dhaka. 3. The petitioner also filed an application for temporary injunction under Order XXXIX rules 1 and 2 read with section 151 of the Co..

Category: Property Law | Date: | Hits: 34

Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)

....ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ......ved: Rokanuddin Mahmud with Rabi Shankar Chakraborty, Advocates—For the Petitioner. Not represented- the opposite parties. Civil Order No. 3324 of 2001. Judgment SK Sinha J.- This application under section 115(1) of the Code of Civil Procedure is directed against the order dated ..

Category: Civil Law | Date: | Hits: 70

Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)

....ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......ed to them. The learned Advocate finally submits that the hotel rooms or balconies do not come within the terms of goods or materials as contemplated in the Act and, as such, the Act has no manner of application to the petitioner company. 6. Mr. MA Mannan, the learned Advocate appearing for t..

Category: Labour and Industrial Law | Date: | Hits: 121

Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)

....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......slam, Abdul Wadud Bhuiyan, Md. Rawshan Ali, A Hasib, Advocates—Amici Curiae. Criminal Miscellaneous Case No. 3875 of 2007. Judgment Nozrul Islam Chowdhury J.- On 29-3-2007 this application under section 498 of the Code of Cri­minal Procedure with a prayer for anticipatory, ba..

Category: Criminal Law | Date: | Hits: 50

Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)

.... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......statement. Subsequently, the defendant-opposite party took time for filing written statement on 15-3-2001, 2-4-­2001 and 13-3-2001. Thereafter, on 21-6-2001 the defendant opposite party submitted an application under section 10 read with section 151 of the Code of Civil Procedure (hereafter referre..

Category: Property Law | Date: | Hits: 37

Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)

....oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......ground that the petitioner was not aware of the proceeding. That was a case under sections 302/34 of the Penal Code. 3. In the instance case it appears from the rule petition and also from the application for condona­tion of delay that the petitioner was unaware about the case and he was at ..

Category: Criminal Law | Date: | Hits: 36

Mozam and others Vs. State, 2006, 35 CLC (HCD)

.... Asiman Begum vs. State reported in 51 DLR (AD) 18 it was held that when it is found after a full trial that there was a mistrial or trial without jurisdiction, the Court of Appeal before directing a fresh trial by an appropriate Court should also see whether such direction should at all be given in......orted in 1988 BLD 425 as referred by the learned Assistant Attorney-General. The facts leading to that case is wholly distinguishable with that of the instant case. So, the said case has no manner of application in the instant case. Having regard to the facts we failed to accept the submission made ..

Category: Criminal Law | Date: | Hits: 82

Abani Kumar Mistry and others Vs. Government of the People's Republic of Bangladesh and others, 2006, 35 CLC (HCD)

....le is hereby recalled and vacated. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634. ...... Advocate—For the Petitioners. Rabiul Alam Chowdhury Advocate—For the Opposite Parties. Civil Revision No. 4063 of 2000. Judgment Quamrul Islam Siddiqui J.- This Rule was issued on an application for revision made by the plaintiff-petitioner under section 115(1) of the Code of Civil ..

Category: Property Law | Date: | Hits: 27

Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......is­sioner of Taxes just on the dismissal of the appeal of the assessee and not on merit by its order dated 9-2­2002. 5. Against the order of the Taxes Appellate Tribunal, above two reference applications were made and following common questions of law referred to this Division for determina..

Category: Fiscal/Taxation Law | Date: | Hits: 63

Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)

..... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ...... 10. Mr. Abul Kalam Mainuddin, the learned Advocate for the petitioners, took me to the judgments of the Courts below and submitted that both the Courts below failed to appreciate the scope and application of section 6 of the Rin Salishi Ain (Act No. 15 of 1989) and erroneously decreed the sui..

Category: Property Law | Date: | Hits: 34

Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......und that the house in question has been included in the Kha list at serial No. 36 published in the Gazette dated 28-4-1986. Thereafter, the petitioner as per provisions of the said Ordinance filed an application before the Court of Settlement praying for exclusion of the property in question from th..

Category: Property Law | Date: | Hits: 40

Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)

....6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......etitioners; that after the death of their father, aforesaid Abdul Halim, petitioner's mother Rahima Khatun accepted the rent from the Government on behalf of the petitioners. The petitioners filed an application to the Assistant Commissioner of Housing and Settlement, Ministry of Public Works, Segun..

Category: Property Law | Date: | Hits: 33

Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......blic limited company 100% shares of which are owned by the Government of Bangla­desh, published a notice vide Memo No. Tele Talk /MD/M-5/2005/06 dated 5-5-2005 in different daily newspapers inviting applications from 7-5-2005 to 17-5-2005 through e-mail from the subscribers for distributing subscri..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)

....d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ......Munshi Ahsan Kabir, Advocates— For the Opposite Parties. Civil Revision No. 1218 of 2005. Judgment Md. Abdur Rashid J.- Vendor (seller) obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against the judgment and order dated..

Category: Property Law | Date: | Hits: 28

Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)

....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......4-9-85 she recorded the statement of Hazrat Ali (PW 2) under section 164, Cr.P.C. In cross-examination, she stated that in note sheet dated 30­7-87, she noticed that accused Khalilur Rahman filed an application for retracting the confession. 15. Md. Taiyab Ali (PW 14) is a neighbour. He doe..

Category: Criminal Law | Date: | Hits: 38