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.... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610.......3859 of 2000.
Judgment
Md. Abdur Rashid J.- This Rule was obtained by the (decree-holders) defendants upon making a revision application under section 115 of the Code of Civil Procedure against order No.87 dated 10-5-2000 passed by Subordinate Judge, 1st Court, Bogra in Other Class Suit No.78 ......msul Sheikh and others………Opposite Parties.
Judgment
May 30, 2001.
Case Referred To-
Sunahar Ali Vs. Mohammed Akuali, PLD 1957, Dhaka, 603.
Lawyers Involved:
Md. Muzaffar Hossain with Md. Azizul Islam, Advocates—For the Petitioners.
Munsur Habib with Md. Zainul Abedin an......: 53 DLR (HCD) (2001) 610...
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ...... as to why the Order No. dated 28-8-91 passed by the learned Subordinate Judge, 1st Court, Chittagong Sadar in Miscellaneous Case No.493 of 1990 should not set aside and or pass such other or further orders as to this Court may deem fit and proper 2. The short facts for the disposal of the Rule i......awyers Involved: Faridul Alam Chowdhury, Advocate—the Petitioner. Not represented— the Opposite Parties. Civil Revision No. 166 of 1992. Judgment Faruque Ahmed J.- This Rule at the instance of the defendant petitioner was issued calling upon the opposite, parties to show cause as ....... This Case is also Reported in: 53 DLR (HCD) (2001) 608. ..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......e tender document and submitted report on 6-8-2000. And after examining the report of the Technical Evaluation Committee the supervising committee constituted by respondent No.1 under internal office order No. 36/2000 dated 20-7-2000 submitted its report to the Board of Chittagong Port Authority on ......0 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......) (2001) 599. ..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......rs Involved: Not represented— the Petitioner. Not represented — the Opposite Parties. Civil Revision No. 190 of 1981. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.186 of 1978...... Lawyers Involved: Not represented— the Petitioner. Not represented — the Opposite Parties. Civil Revision No. 190 of 1981. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.18...... in: 53 DLR (HCD) (2001) 598. ..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....s being disqualified for being convicted and sentenced for more than 2 years in the aforesaid Janata Tower Case involving moral turpitude respondent No.1 merely caused the impugned Notification to be published under Rule 178(4) of the Rules of Procedure of Parliament in discharge of his official dut......7-6-1993. He therefore preferred a criminal appeal against the said conviction and sentence before the High Court Division. The High Court Division on final disposal of the appeal by the judgment and order dated 24-8-2000 reduced his sentence from 7 years to 5 years and imposed a fine of Taka 5,48,7......dgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
.... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ...... 7. The impugned proceeding of Motijheel PS case No.13 dated 2-3-99 and GR cases No.1267 of 1999 now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ......an Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ......65. ..Category: Criminal Law | Date: | Hits: 43
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563....... Judgment Md. Abdur Rashid J .- This Rule was obtained by the pre-emptee (purchaser) by making a revision application under section 115 of the Code of Civil Procedure, in brief, the Code, against order No. 33 dated 4-5-2000 passed by Senior Assistant Judge, Sadar, Sunamganj in Miscellaneous Case......Present: Md. Abdur Rashid J Sazeda Khatun................Petitioner Vs. Asad Ali and others ………….Opposite Parties. Judgment July 2, 2001. Lawyers Involved: Md. Nurul Amin with Hamida Chowdhury, Advocates—For the Petitioner. Surajit Bhattacharya, Advocate—For Op......his Case is also Reported in: 53 DLR (HCD) (2001) 563...Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......epresented—the Opposite Party Jail Appeal No. 4103 of 1991. Judgment Md. Abdur Rashid J.- This appeal was presented under section 420 of the Code of Criminal Procedure against judgment and order dated 31-3-90 passed by the Sessions Judge, Pabna in Sessions Case No.33 of 1989 (arising out ......he records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......LR (AD) 194; 37 DLR (AD) 139; State Vs. Mukhter Ali 10 DLR 155; Moqbool Hossain Vs. State, 12 DLR (SC) 217; Joygun Bibi Vs. State, 12 DLR (SC) 156. Lawyers Involved: Not represented—the Petitioners. Not represented—the Opposite Party Jail Appeal No. 4103 of 1991. Judgment Md. A..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......slam, Md. Alamgir and Jail Gazi, Advocates—For the Opposite Party. Civil Revision No. 3254 of 2000. Judgment SK Sinha J.- Petitioner is the decree-holder who obtained this Rule against the order dated 11-6-2000 of the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Exe......r. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......his Case is also Reported in: 53 DLR (HCD) (2001) 555. ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......Advocates—For the Petitioner. Abdul Quayum, Deputy Attorney-General—For Opposite Parties. Civil Revision Case No. 2164 of 1999. Judgment SK Sinha J.- This Rule is directed against the order dated 15-6-1999 of the learned Additional District Judge, Naogaon in Miscellaneous Appeal No.3......Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......s Case is also Reported in: 53 DLR (HCD) (2001) 552...Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
.... resigned from his party under Article 70(1) of the Constitution and his seat in the Parliament stood vacated under Article 67(1)(e) and the Speaker was requested to cause a gazette notification t be published declaring his seat vacant. The petitioner was not, however, given any copy of the said let......arty which nominated him at the election as a candidate not to do so, he shall be deemed to have voted against that party.” 10. It appears from the careful consideration of Article 70(1) that in order to decide whether the event or events complained of constituted circumstances under the said A......de absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......n: 53 DLR (HCD) (2001) 546. ..Category: Constitutional Law | Date: | Hits: 196
.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......er and in the evening bulldozer operation stopped for the day. Faced with such situation the petitioner moved this Court on the next date i.e. 6th January, 1994 and obtained a Rule and the ad-interim order from this Court and the eviction operation stopped for the time being.
4. In the writ petit......cted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......Reported in: 53 DLR (HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......mits that the impugned judgment and decree of remand for fresh trial of the suit by the appellate Court is an error in the decision occasioning failure of justice since the appellate Court has by the order acted contrary to law as it can decree the suit under section 107 of the Code of Civil Procedu...... Vs. Md. Qayum Mollah & others……...Opposite Parties. Judgment August 14, 2001. Cases Referred To- 43 DLR (AD) 78; 43 DLR (AD) 125; AIR 1975 All 341; Ram Chand Appellant Vs. Rain Swamp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 BCR 270. Lawyers I......mp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 BCR 270. Lawyers Involved: KS Nabi, Barrister-at-Law with Md. Abul Quashem, Md. Zakir Hossain, Advocates—For the Petitioner. KS Zaman Advocate—For the Opposite Parties. Civil Revision No. 4197 of 1998. Judgme..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......nt Attorney- General -For the Opposite Party. Criminal Revisional Case No.756 of 2000. Judgment Md. Hamidul Haque J.- By this Rule, opposite party was called upon to show cause as to why the order dated 18-7-99 passed by the Magistrate, 1st Class, Bagerhat in OR No.123 of 1994 arising out o...... in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......HCD) (2001) 533. ..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
.... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......— For the Opposite Party. Criminal Miscellaneous Case No. 294 of 2000. Judgment Md. Hamidul Hoque J.- By this Rule, the opposite party was called upon to show cause as to why the judgment, order of conviction and sentence dated 6-9-99 passed by the Special Tribunal No.5, Kishoregonj in Sp......erfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......01) 527. ..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....nt of suit premises from Taka 314 to 1645 per month from 4-9-1983. Plaintiff also paid enhanced rent. Government on 4-9-1983 decided to sell the abandoned houses to lawful allottees. The decision was published through national newspapers and Government constituted a Valuation Committee. Valuation Co......ssession and title of plaintiff on the suit property was not proved. Learned Senior Assistant Judge then took the view that the plaintiff was required to prove possession over a period of 60 years in order to get decree of acquisition of title by adverse possession against Government and, as such, t......orted in: 53 DLR (HCD) (2001) 522. ...... (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Government of Bangladesh, represented by Secretary, Housing and Settlement Bangladesh Secretariat & others ...............Petitioner Vs. ASM Ferojuddin Bhuiyan…………………….Opposite Party. Judgment July 26..Category: Property Law | Date: | Hits: 83
....the commercial premises at 25, Bangladesh Avenue, Ramna, Dhaka, on receipt of the bid money from the petitioners.
2. The case of the petitioners, in brief, is that in response to the public notice published on behalf of the respondent No.1, the petitioners submitted tenders to purchase the commer...... of the case-property because of the Order of the Hon’ble High Court Division directing maintenance of status quo. Thereafter, in due course, the said First Appeal was dismissed by the judgment and order dated 4-3-1991, passed by the High Court Division (Annexure-I). Immediately, on receipt of the...... taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.......rt
High Court Division
(Special Original Jurisdiction)
Present:
Md. Joynul Abedin J
ABM Khairul Haque J
Nazrul Islam (Md.) and others…………………………………..Petitioners
Vs.
Bangladesh, represented by the Secretary Ministry of Commerce and others ………..
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ...... Nurul Islam, Advocate — For Respondent No.1. Appeal from Original Order No. 75 of 1984 with Civil Rule No. 205 (fm) of 1984. Judgment Ranadhir Sen J.- This appeal is directed against the order dated 11-4-84 of the learned Subordinate Judge refusing a prayer for temporary injunction in m......r as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......en supplying gas to the plaintiffs factory which had been using and operating 20 burners till 27-11-83 and from 28-12-83 the said connection was disconnected upon the plea of non-deposit of security money Defendant No.2 by a letter dated 5-9-83 aske4 plaintiff to deposit Taka 2,02,690 out of which T..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....l definition of local authority did not include a corporation brought into existence by President’s Order No. 27 of 1972. The definition has been amended by President’s Order No.147 of 1972 which published in the Bangladesh Gazette dated 5th September, 1972 and the amendment was given retrospect...... common question of law is involved in all these references, they were heard together and are being disposed of by this judgment. 2. Reference Application No.222 of 1991 arises out of Judgment and order dated 25-10-1990 passed in ITA No.1172 of 1983-84 (Assessment year 1979-80) by the Taxes Appel......92, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ...... This Case is also Reported in: 53 DLR (HCD) (2001) 509. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
.... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
......l effect and why they should not be directed to cancel, withdraw or rescind the same and to give the lease in question to the petitioner. At the time of issuance of the Rule operation of the impugned order was stayed.
2. Learned Advocate appearing for the petitioner after placing the petition and...... with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
......
..
Category: Property Law | Date: | Hits: 102
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