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Shomurunessa and others Vs. Md. Musa Miah and others, 2005, 34 CLC (HCD)

....ce on the part of the petitioner. I do not find any substance in the Rule. In the result, the Rule is discharged without order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ......s Rule was issued calling upon the opposite party Nos. 1-6 to show cause as to why the delay of 309 days in filing this revisional application should not be condoned and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. None appears to support the Rule. ...... Not represented— the Petitioners. Md. Ibrahim Mollah, Advocate—For the Opposite Parties. Civil Rule No. 510(Con) of 2001. Judgment Salma Masud Chowdhury J. - This Rule was issued calling upon the opposite party Nos. 1-6 to show cause as to why the delay of 309 days in filing this re......8 DLR (2006) 228. ..

Category: Procedural Law | Date: | Hits: 96

Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)

....al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227.......te Parties. Civil Revision No. 374 of 1999. Judgment Salma Masud Chowdhury J.- This rule was issued calling upon the opposite parties Nos. 1-4 to show cause as to why the portion of impugned order dated 6-10-98 passed in Title Suit No. 59 of 1996 by the Assistant Judge, Muktagacha Court, My......volved: Abdul Hoque, Advocate—For the Petitioner. Not represented— the Opposite Parties. Civil Revision No. 374 of 1999. Judgment Salma Masud Chowdhury J.- This rule was issued calling upon the opposite parties Nos. 1-4 to show cause as to why the portion of impugned order dated 6......in: 58 DLR (2006) 227...

Category: Procedural Law | Date: | Hits: 106

Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)

.... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224.......ion No. 5242 of 2002. Judgment Md. Abdur Rashid J. - Defendant Nos. 1 to 4 and 6 obtained the Rule upon making a revision application under section 115 of the Code of Civil Procedure against an order dated 27-7-2002 passed by Joint District Judge, Court No.2 at Chandpur in Title Suit No. 12 of......pposite Parties. Judgment March 16, 2004. Case Referred to- Amimdlah Bhuiyan and others Vs. Abdul Hafiz and others, 1981 BCR (AD) 131 = 33 DLR (AD) 282. Lawyers Involved: Joynal Abedin, Advocate—For the Petitioners Mojibur Rahman, Advocate—For the Opposite Parties. Civil ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Tahera Begum and others........................................Petitioners Vs. Mizanur Rahman (Md.) and others………………………………..Opposite Partie..

Category: Property Law | Date: | Hits: 72

Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)

....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......n Bhuiyan with Mohammad Mofazzal Hossain, Advocates—For the Opposite Parties. Civil Revision No. 5491 of 2002. Judgment Sheikh Abdul Awal J.- This Rule is directed against the judgment and order dated 27 6-2002 passed by the learned Additional District Judge, 2nd Court, Noakhali in Miscel......eferred to- Abdul Wahab Vs. Samad Ali, 33 DLR (AD) 113. Lawyers Involved: Md. Abul Kalam Chowdhury, Advocate—For the Petitioner. Md. Khalilur Rahman Bhuiyan with Mohammad Mofazzal Hossain, Advocates—For the Opposite Parties. Civil Revision No. 5491 of 2002. Judgment Sheikh ......06) 221. ..

Category: Property Law | Date: | Hits: 67

Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)

....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......kabuliat was executed and registered, being No. 4995 dated 27-5-1992. While they were in possession, the settlement was cancelled by opposite party No. 3 on 5-2-1995. Being aggrieved by the aforesaid order of cancellation, the plaintiff-opposite party filed Other Class Suit No. 31 of 1995 praying fo...... (Civil Revisional Jurisdiction) Present: Zubayer Rahman Chowdhury J Badel Alam Howlader…………..…. Defendant-Respondent-Petitioner Vs. Falu Dewan and others…...............Plaintiff-Appellant-Opposite-Parties. Judgment February 11, 2004. Cases Referred to- 1 MLR...... DLR (2006) 218. ..

Category: Property Law | Date: | Hits: 66

AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)

.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......r Ali Khan, Advocates—For the Opposite Parties. Civil Revision No. 1701 of 2005. Judgment Md. Awlad Ali J.- This Rule issued under section 115(4) of the Code of Civil Procedure against the order dated 14-5-2005 passed by the District Judge Chittagong was initially heard by a Division Benc......��Petitioners Vs. Md. Hashem Ali and others………………………………………Opposite Parties. Judgment February 8, 2006. Cases Referred to- Mohammad Eshaque Vs. Ruhul Amin and others, 34 DLR 342, Abdus Salam Vs. Bangladesh, 33 DLR 141. Lawyers Involved: Rufique-......Court Division (Civil Revisional Jurisdiction) Present: Hassan Ameen J Md. Awlad Ali J Bijan Kumar Das J AHM Khurshed Ali & others……………………………………Petitioners Vs. Md. Hashem Ali and others………………………………………Opposite Parti..

Category: Procedural Law | Date: | Hits: 90

Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)

.... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ...... legislations and cannot be considered as one legislation inasmuch as they were enacted to accomplish two different objectives in that the Bankruptcy Act was enacted to bring about the desired social order and discipline debarring the bankrupts from participating in various important socio-economic ......charged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ...... Court High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Afil Jute Mills (Pvt) Ltd. and others…………………….......Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Finance and others……… Re..

Category: Civil Law | Date: | Hits: 125

State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)

.... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ...... Md. Abu Tariq J. - This Reference under section 374 of the Code of Criminal Procedure and Criminal Appeal No. 649 of 2001 and Criminal Jail Appeal No. 821 of 2001 have arisen out of the judgment and order dated 26-2-2001 passed by the learned Sessions Judge Luxmipur in Sessions Case No. 12 of 1999 ......t at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ......3. ..

Category: Criminal Law | Date: | Hits: 96

Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201.......ut any lawful authority having no legal effect. Therefore, the petitioner obtained this Rule challenging the impugned Annexure. On the date of issuance of the Rule, the petitioner obtained an interim order staying operation of Annexure-B and C to the Writ Petition. 3. Added respondent No. 5 filed...... costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201....... (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Ali Akbar (Md.) ………………………………………………………………..Petitioner Vs. Government of Bangladesh and others……………………………Respondents. J..

Category: Election Law | Date: | Hits: 83

Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)

....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......itioner. Md. Mujibur Rahman, Advocate—For Opposite Party No. 2. Criminal Revision No. 907 of 2003. Judgment SK Sinha J.- Informant Md. Ziaul Huq Chowdhury obtained this Rule against the order dated 7-6-03 of the Additional Sessions Judge, 3rd Court, Chittagong in Sessions Trial Case No......sions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......3. ..

Category: Criminal Law | Date: | Hits: 49

HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)

.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......nul Karim, Advocates—For the Plaintiff. Admiralty Suit No. 27 of 2005. Judgment Shamim Hasnain J.-This application has been filed on behalf of thedefendant No. 1, 2 and 15 for vacating the order forarrest of the vessels MV X-Press Manaslu and MVX-Press Resolve dated 18-12 2005 and for rel......on with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......efendants. Judgment February 6, 2006. Result: The vessels MV X-Press Manaslu and MV X-Press Resolve forthwith be released from arrest. Words and phrases Act of God A loss occasioned by an Act of God is a loss arising from and occasioned by the agency of nature which cannot be ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 314

Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)

....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ...... Industries never granted lease to any of the lessees. The lessees never ever admitted the Ministry of Industries as lessor of said 1-(kha) property. Determination of the value of the property by any order of said Ministry or payment of any money on the basis of such determination must be held to be......mmad Ali, Additional Attorney-General with Md. Ferozur Rahman Assistant Attorney-General—For the Appellant (In First Appeal No. 293 of 1999). Naima Haider. Assistant Attorney-General—For the Ministry of Industries. Mahmudul Islam with AQM Shafiullah, Mohammed Ali Jinnah, Advocates—For R...... No. 425 of 1998 and Appeal from Original Decree No. 293 of 1999. Judgment Md. Abdur Rashid J.- Both the appeals were presented by the Government of Bangladesh represented by the Deputy Commissioner at Comilla against the decree dated 29-7-98 passed by Subordinate Judge, Court No. 1 at Comilla..

Category: Property Law | Date: | Hits: 159

Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

....t Magistrate, Dhaka and Mr. Anwar Hossain, to show cause as to why the impugned orders contained in Annexures-E and G and the publication of name of respondent No.3. Mr. Anwar Hossain, as printer and publisher on behalf of the petitioner No.2, Ittefaq Group of Publications Ltd, should not be declare...... Anwar Hossain and others……………………………….Respondents. Judgment January 28 & 29, 2003. July 14, 2003. Result: The Rules are made absolute without any order as to cost. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others, 2......eantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Abdus J Salam Mamun J Mainul Hosein and others……………………………….Petitioners Vs. Anwar Hossain and others……………………………….Respondents. ..

Category: Information Technology Law | Date: | Hits: 324

Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)

....ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ......Hossain J. - In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order as contained in Memo No. Justice-7/2N-42/2002/1163 dated 19-10-2004 issued under the signature......e in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ......urt High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Moulana Md. Abdul Kader Azadi……………………………..Petitioner Vs. Government of Bangladesh and others………………………..Respondents. Judgm..

Category: Employment/Service Law | Date: | Hits: 81

Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)

....loading thereof at a customs airport, or within such extended period as the appropriate officer may allow, such goods may, after due notice given to the owner, if his address could be ascertained, or published in the newspaper, if his address could not be ascertained, be sold under the orders of the...... relates to the petitioner should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to refrain from taking any action or passing any order against the petitioner or such other or further order or orders passed as to this Court may se...... time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ...... High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Jahangir Hossain Howlader (Md.) …………………………………..Petitioner Vs. CMM, Dhaka and others...........................................Respondents. Judgm..

Category: Criminal Law | Date: | Hits: 158

Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)

....ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ......cate—For Plaintiff-Petitioners. Shah Md. Khasruzzaman, Advocate—For Opposite Party No. 1. Civil Revision No. 6458 of 2001. Judgment Syed Amirul Islam J.- This Rule is directed against order dated 29-8-2001 passed by the then 4th Subordinate Judge (Now Joint District Judge), Dhaka, in......�……………………..Petitioners Vs. Chairman, RAJUK & others.................................Opposite-Parties. Judgment November 15, 2005. Lawyers Involved: Md. Abul Hossain Azadi, Advocate—For Plaintiff-Petitioners. Shah Md. Khasruzzaman, Advocate—For Opposite Pa......3. ..

Category: Civil Law | Date: | Hits: 99

Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)

....s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100.......vil Revision No. 1822 of 2004. Judgment Siddiqur Rahman Miah J.- This Rule under section 115 (4) of the Code of Civil Procedure at the instance of plaintiffs-petitioners is directed against the order dated 22-5-2004 passed by the learned Additional District Judge, Bankruptcy Court. Chittagong.......unicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100.......t High Court Division (Civil Appellate Jurisdiction) Present: Siddiqur Rahman Miah J Syed AB Mahinudul Huq J Sushovan Guha and others……………………………………Petitioners Vs. Mahbubul Mannan Chowdhury and others................Opposite Parties. Judgment ..

Category: Procedural Law | Date: | Hits: 77

Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)

.... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......d but acquitted the 2 co-accused of their charge. 3. The defence case, as it appears from the trend of cross-examination, is that the deceased committed suicide as she was suffering from mental disorder and before the date of occurrence she also made several attempts to commit suicide. The furthe......hu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......lah, Deputy Attorney-General with Fara Mahmuda, Assistant Attorney-General—For the State. Md. Azizul Haq with AM Mahbubuddin Ahmed with Fazlul Karim Chowdhury, Advocates—For the Condemned Prisoner. Death Reference No. 9 of 1999 with Criminal Appeal No. 152 of 1999 with Jail Appeal No. 136..

Category: Criminal Law | Date: | Hits: 96

Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)

....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......llant. M.G. Farooqui, Senior Advocate with Md. Ruhul Quddus, Advocate, instructed by M.G. Bhuiyan, Advocate-on-record-For the Respondents. Civil Appeal No.174 of 2002. (From the judgment and order dated July 27, 1999 passed by the High Court Division in Writ Petition No. 348 of 1985) Jud...... order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......gh Court Division in Writ Petition No. 348 of 1985 making the Rule absolute-in-part with a direction to the writ respondent No. 1-Appellant to deliver possession of the properties of the writ petitioners-respondents at Daulatpur, Khulna together with all 25 godowns on the premises preferably wit..

Category: Property Law | Date: | Hits: 128

Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

....ll those Nikah Registrars who having been appointed temporarily have completed two years on the date of commencement of the said new Rule 5A and by SRO No. 10-Law/2001 dated 14th January, which was published in Bangladesh Gazette on 16 January, 2001, old Rule 5Awas substituted by a new Rule 5A p......ate-on-record-For the Petitioner. Civil Petition for Leave to Appeal No. 474 of 2007. Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 5-04-2006 of the High Court Division passed in Writ Petition No.4487 of 2002 discharging...... to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ......il) Present: M.M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Bazlur Rashid ………………………............Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentar..

Category: Civil Law | Date: | Hits: 105

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