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Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)

....n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ...... this Civil Revision petition under section 115 of the Code of Civil Procedure is an order dated 24-3-1999 recorded by Second Court of Assistant Judge, Dhaka in Title Suit No. 226 of 1985 allowing an application under Order 26 rule 9 of the Code of Civil Procedure. 2. The decision proposed to be ..

Category: Property Law | Date: | Hits: 27

Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)

....therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ...... Advocates—for the Petitioner. A Hasib with MA Tariq, Advocates—for the Opposite Parties. Civil Revision Nos. 994, 2160, 2161, 2162 of 1998. Judgment AK Badrul Huq J.- By these four applications, the defendant opposite party Nos.3-5 of four Civil Revision Cases arising out of four ..

Category: Property Law | Date: | Hits: 21

Deputy Commissioner and Chairman, District Fisheries Tender Committees & others Vs. Md. Aswab Ali and others, 2000, 29 CLC (HCD)

....costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183.......ed an appeal being Title Appeal No.5 of 1999 in the Court of District Judge, Moulvibazar against the aforesaid judgment and decree. There had been a delay of 1038 days in presenting the appeal and an application under section 5 of the Limitation Act had been presented for condonation of the said del..

Category: Limitation Law | Date: | Hits: 152

Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)

.... order dated 14.05.2009 making the Rules ab­solute setting aside the judgment and decree passed by the Courts below with an order for sending back the case to the appellate Court below on remand for fresh hearing having regard to the observations made by the High Court Division. 2. The plaintiff......85 and got the de­cree in due course within knowledge of the plaintiffs and other defendants. 4. The defendant Nos.1-3, 6, 7, 20, 21 and 24 jointly prayed for their respective sahams by filing an application admitting the plaint case and claiming to have inherited 3 1/8 deci­mals of land owned ..

Category: Property Law | Date: | Hits: 79

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......porary injunction under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure restraining the defendants from evict­ing the petitioner from the suit property. 17. The trial Court rejected the application and on appeal the High Court Division also dis­missed the appeal. 18. Being aggrieve..

Category: Property Law | Date: | Hits: 44

Anti-Corruption Commission and others Vs. Md. Obaidul Karim and others, 2010, 39 CLC (AD)

....1 is directed to surrender before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 159. ...... for Leave to Appeal No. 36 of 2009. (From the order dated 8-6-2008 passed by the High Court Division in Writ Petition No.7393 of 2008). Order It appears that a fugitive from law filed this application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh b..

Category: Anti-Corruption Laws | Date: | Hits: 266

Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)

....0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ......on Beanibazar, District Sylhet. Plaintiffs case in short, is that the suit lands are the ejmali property of the appellant and the respondents. After the institution of the suit the appellant filed an application for temporary injunction restraining the respondents No. 1 and 2 from making any constru..

Category: Property Law | Date: | Hits: 84

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....rney-General further submits that the petitioners have misconceived the legal aspect of the case in that the appointment of the judges in the Appellate Division of this Court is not a promotion but a fresh appointment and in making any appointment in the Appellate Division the Constitutional provisi......dents. Writ Petition No. 145 of 2001. Judgment Syed Amirul Islam J.- Let the supplementary affidavit dated 14-5-2001 on behalf of the petitioner No. 1 be formed part of the main application. 2. In this petition there are two petitioners namely, Mr. SN Goswami, an Advocat..

Category: Constitutional Law | Date: | Hits: 126

Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......rs Involved: Moudud Ahmed, Advocate—For the Petitioner Mahmudul Islam, Attorney General—For the Respondents. Writ Petition No. 5041 of 2000. Judgment Abu Sayeed Ahammed J. - This application is directed under Article 102 of the Constitution of the Peoples Republic of Bangladesh...

Category: Business or Commercial Law | Date: | Hits: 204

Hasmat Ali Vs. State, 2001, 30 CLC (HCD)

....tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ...... or within a reasonable time from the date of recording the same. Further, in a Case of confessional statement it is- not absolute that the confessor must retract his statement only through filing an application. He can also retract his confession at the time of his examination under section 342 of ..

Category: Criminal Law | Date: | Hits: 27

Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)

.... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ......n 2-5-99 asking him to hand over all papers and documents of the company on or before 9-5-99. Thereafter the respondents instituted the present suit praying for certain declarations and also filed an application under Order 39 rule 2 of the code of Civil Procedure praying for temporary injunction an..

Category: Business or Commercial Law | Date: | Hits: 207

Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)

.... remain silent on the law and order problems in the country. She just pointed out the loopholes in the justice delivery system through which the offenders are coming out of the custody and indulge in fresh crimes. She took pain to focus on the system in order to strengthen the system, not to destroy......Bazlur Rahman Chana, Deputy Attorney- General—For the Respondent (In all Petitions). Contempt Petition Nos. 73, 75 and 79 of 2000. Judgment Md. Mozammel Hoque J. - These three applications namely, Contempt Petition No.73 of 2000, Contempt Petition No.75 of 2000 and Contempt P..

Category: Criminal Law | Date: | Hits: 49

Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)

....ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ...... made a prayer for allowing her to go with her husband, the accused of the above Case. The learned Sessions Judge also rejected that prayer. The petitioner then moved this Court by filing the present application under section 491 of the Code of Criminal Procedure. 3. The learned Advocate, Mr...

Category: Criminal Law | Date: | Hits: 33

Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)

....f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......7-3-86 on contest. The plaintiff filed a title Appeal being Title Appeal No.118 of 1986 before the learned District Judge which was dismissed for default on 4-9-1995. The plaintiff-appellant filed an application under Order 41, rule 19 of the Code of Civil Procedure for re-admission of the appeal on..

Category: Property Law | Date: | Hits: 29

Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)

....nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......3-99 directed the Customs authority to return the goods to the claimants as per their individual statement after realising VAT as per law. After the passing of the said order the petitioners filed an application before the learned Special Tribunal Satkhira to stay the operation of said order No.37 d..

Category: Criminal Law | Date: | Hits: 101

Morshed (Md) @ Morshed @ Md. Morshed Alam Vs. State, 2000, 29 CLC (HCD)

....lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ......ate—For the Appellant. Faziul Haque Chowdhury, Assistant Attorney- General — For the State. Criminal Appeal No. 75 of 2000. Judgment Md. Hamidul Haque J. - This is an application for bail in a pending appeal. 2. The learned Advocate for the petitioner has subm..

Category: Criminal Law | Date: | Hits: 38

Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)

....he order of dismissal. This is the Miscellaneous Case No.17/90. Order IX, rule 9 provides, “Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. But he may apply for an order to set the dismissa...... Nikhilesh Dutta, Advocate- For the Petitioner. Not represented — the Opposite Parties. Civil Revision No. 1634 of 1991. Judgment AKM Shafiuddin J.- This is an application under section 115(1) of the Civil Procedure Code. It is directed against the judgment an..

Category: Civil Law | Date: | Hits: 80

Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)

....efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ......l with Naima Haider, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 5612 of 2000. Judgment Md. Abdul Wahhab Miah J. - This Rule has arisen out of an application filed by the petitioner under section 498 of the Code of Criminal Procedure, read with s..

Category: Criminal Law | Date: | Hits: 87

Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)

....s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......cused No.1 while holding the position of the President of Bangladesh came on a visit to the mosque within Kawran Bazar Commercial Area on 26-8-1989 and then accused No.8 Abdul Sukur Prodhan handed an application on behalf of himself and 12 others to accused No.1 stating that they were the affected p..

Category: Property Law | Date: | Hits: 33

Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)

....5 passed by the learned Additional Sessions Judge, Faridpur in Criminal Appeal No.61 of 1990 are set aside and the case is sent back on remand to the learned Additional Sessions Judge, Faridpur for a fresh hearing in accordance with law and in the light of the observations made in the body of the ju......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ..

Category: Criminal Law | Date: | Hits: 60