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Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)

....t, the plaintiff deposited Taka 90,000 with said petitioner as security. It was stipulated, the same amount would be returned to the plaintiff at the time of vacating the suit premises. On 29-05-95 a fresh agreement was executed in between the parties for a period of one year and the plaintiff depos...... Jamiruddin Sircar with Bazlul Ghani, Advocates- For the Opposite Party. Civil Revision No. 3630 of 1998. Judgment Md. Abdur Rashid J.- This Rule was obtained by defendants upon making an application under section 115 of the Code of Civil Procedure against judgment and decree dated 14-07..

Category: Civil Law | Date: | Hits: 82

Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)

....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......ice Station Case No. 40 dated 28-8-2006 under sections 302/34 of the Penal Code corresponding to GR No. 375 of 2006. The case was pending before the Metropolitan Sessions Judge, Dhaka, and that on an application filed under Section 526 of the Code of Criminal Procedure, before the High Court Divisio..

Category: Criminal Law | Date: | Hits: 34

BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....ral population, having no profession, no provision for food, shelter and being poverty-stricken migrate to the urban area in quest of those necessities for their living on the earth for breathing its fresh air. Their impoverishment lead them to float and flock together in certain areas where vacant ...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...

Category: Constitutional Law | Date: | Hits: 171

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....ginal notification and they were replaced by Mr. Md. Hamidul Haque and Mr. MM Ruhul Amin as their Lordships then were. After working out the compromise the earlier notification was withdrawn and a fresh notification was issued on 9th of February 1994 and in that notification for the first time a......had a talk with a judge of this court but he does not remember the contents of conversation and he was not sure if the taped conversation is that which he had with the judge. Therefore we filed an application for his production before this court so that he can hear the cassette and see if it is..

Category: Criminal Law | Date: | Hits: 130

Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)

....to the District Judge at Comilla. The appeal was heard and allowed. The order of the Election Tribunal was set aside and the case was sent back on remand to the Election Tribunal with a direction for fresh decision after recount of the votes in four centers, namely, Dewannagar Non-Government Primary...... Shafique Ahmed with Kazi Kamrul Alam, Advocates— For the Opposite Party No.1. Civil Revision No. 2049 of 2001. Judgment Md. Abdur Rashid J.- This Rule was obtained upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 20-03-..

Category: Election Law | Date: | Hits: 79

National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)

....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ...... Kabir with ARM Shahidul Islam, Advocates— For the Opposite Party. Civil Revision No. 785 of 1999. Judgment Md. Abdur Rashid J.- This Rule was obtained by the employer by making a revision application under section 115 of the Code of Civil Procedure against an order dated 19-11-1998 passe..

Category: Alternative Dispute Resolution | Date: | Hits: 186

Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)

....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......Admiralty Jurisdiction and that whether the plaintiff has any cause of action against the vessel ‘MV Sargodha’ having been raised and has been decided by this Court indirectly in an interlocutory application made by the defendants for vacating the order of arrest of the vessel by judgment and or..

Category: Admiralty Law or Maritime Law | Date: | Hits: 214

North South Property Development Ltd. Vs. Secretary, Ministry of Land and another, 1999, 28 CLC (HCD)

....n its own. If the assertion of the petitioner was correct it ought to have objected when the respondents invited bids. On the contrary petitioner participated in the bid. Since the Government invited fresh bids without accepting the bid of the petitioner it is coming up with a story of surprise. Dul......oject through self financing. Petitioner was given the understanding that if the plan is approved petitioner would be given the responsibility to implement the project .Thereafter petitioner filed an application to the Prime Minister and Ministry of Land setting out the basic layout of the project p..

Category: Civil Law | Date: | Hits: 92

Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)

....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......erred to the said court of Subordinate Judge at Brahmanbaria for disposal. 4. It appears that the opposite parties No.1 and 2 filed a written statement for the first time in appeal with a verified application for acceptance of the same contending, mainly that they did not receive any summons of t..

Category: Procedural Law | Date: | Hits: 66

Abdus Sattar and others Vs. International Finance Investment and Commerce Bank Ltd., 1999, 28 CLC (HCD)

....ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 4. ......i Md Wahidullah with Md Aminul Islam Mondal, Advocates—For the Appellants- Petitioners. Not represented- the Respondents. FAT No. 83 of 1999. Judgment Mahmudul Amin Choudhury J.- This application has been filed by the appellants praying for acceptance of the Memorandum of Appeal furn..

Category: Banking Law | Date: | Hits: 108

Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)

....en new declaration of price was submitted on 11-4-94 as per rule 3(2) of the VAT Rules, 1991 which was accepted and it had assessed and paid VAT regularly and thereafter felt the necessity for filing fresh price declaration and accordingly filed the same on 29-6-97 along with separate cost analysis ......ould not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper. 2. In the writ application it has been stated, inter alia, that the petitioner a private Limited Company is engaged..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh and others Vs. Md. Jahangir Ali and Another, 2001, 30 CLC (HCD)

....wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365.......Attorney-General-For the Petitioners. Md. Khurshid Alam Khan with Salauddin Talukder, Advocates—For the Opposite Party. Civil Rule No. 395 (Con) of 1999. Judgment Md. Abdus Salam J.- An application under section 115 of the Code of Civil Procedure was filed on 23-6-99 against the judgme..

Category: Procedural Law | Date: | Hits: 88

Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)

....ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......2-1-2000 and thereafter the defendants filed Miscellaneous Case No.13 of 2000 under Order 41 rule 19 of the Code of Civil Procedure for re-admission of the appeal. Subsequently the defendant filed an application in Miscellaneous Case No.13 of 2000 for amendment of his application which was rejected ..

Category: Procedural Law | Date: | Hits: 86

Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)

....r arrived at a cor­rect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......the petitioner is directed against the judgment and order dated 28.04.2009 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.7370 of 2009 summarily rejecting the application under Section 561A of the Code of Criminal Procedure (against conviction) arising out of..

Category: Criminal Law | Date: | Hits: 56

Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)

....ly. In the facts and circumstances of the case, we do not find any merit in the appli­cation. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623.......the High Court Division making the Rule absolute and thereby setting aside the order No. 60 dated 28.10.2007 passed by the Artha Rin Adalat, Bogra, in Money Execution Case No.142 of 2000 allowing the application filed under Section 57 of the Artha Rin Adalat Ain, 2003 and thereby setting aside the a..

Category: Civil Law | Date: | Hits: 79

Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)

....rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ......Writ Petition No.7347 of 2005. 3. The facts, in short, are that two appli­cants, namely, Sunamganj Bus Minis Bus Micro Bus Malik Group and Sunamganj Zilla Sarak Paribahan Malik Samity Group filed applications for license under the Trade Organization Ordinance and in that connection earlier Writ ..

Category: Others | Date: | Hits: 74

Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)

.... trial court found actual exclusive possession of the land of suit jamas with the defendants which finding was not reversed by the appellate court, but the High Court Division erroneously by making a fresh appreciation only of oral evi­dences found possession of the plain­tiffs disregarding the vi......s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605...

Category: Property Law | Date: | Hits: 27

Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)

....ent and order dated the 16th day of June, 2008 passed by the High Court Division in Civil Revision No.2102 of 1995 making the Rule absolute remanding the suit to the Court of Appeal below for holding fresh trial in the light of observation made in the judgment. 2. The facts involved in the case, ......ed the 16th day of June, 2008 passed by the High Court Division in Civil Revision No.2102 of 1995). Order Mohammad Fazlul Karim J. - Delay in fil­ing of the leave to appeal is condoned. This application under Article 103 of the Constitution of the People’s Republic of Bangladesh is direct..

Category: Property Law | Date: | Hits: 31

Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)

....the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593.......ial Court. Being aggrieved by the aforesaid judgment and decree, the respondents No.1-3 pre­ferred Civil Revision No. 2967 of 2003 in the High Court Division. The heirs of defen­dant No.20 filed an application for being added as opposite parties in the Civil Revision and to allot saham of .67 acre..

Category: Property Law | Date: | Hits: 23

Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)

....t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......llegality in the judgment of the High Court Division in interfering with the judgment of the Court of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590...

Category: Property Law | Date: | Hits: 21