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Sayed and oth­ers Vs. State, 2009, 38 CLC (AD)

....ove, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......-Record-For the Petitioners (In both the cases). Not represented-  the Respondent (In both the cases). Criminal Petition for Leave to Appeal Nos. 212 and 205 of 2008. (From the judgment and order dated the 2nd day of December, 2007 passed by the High Court Division in Criminal Appeal No.95......s of the learned Advocate for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 830. ...... ..

Category: Criminal Law | Date: | Hits: 26

Mrs. Rafiqun Nahar & others Vs. Chairman, Court of Settlement, Segunbagicha, Dhaka & others, 2009, 38 CLC (AD)

....ng in the said building. The petitioners were sur­prised to know that the said holding has been put in the 'Ka' list, after declaring it as an abandoned property. The said list has been prepared and published on 23.09.1986 in the Bangladesh Gazette (Extraordinary) complying the provision of the Ban......olved: M. I. Farooqui, Senior Advocate instruct­ed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Ex-parte-the Respondents. Civil Appeal No. 446 of 2001. (From the judgment and order dated the 8th day of August, 1996 passed by the High Court Division in Writ Petition No.80 of ...... for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 826. ...... passed by High Court Division in Writ Petition No.80 of 1988 discharging the Rule. 2. The facts of the case, in short, are that on 13.08.1960 the erstwhile Government of East Pakistan allotted to one Mohammad Mohib son of Bhagu Mia of 74 Gour Nitai Saha Street, Dhaka through a registered lease d..

Category: Property Law | Date: | Hits: 41

Bank of Credit and Commerce Vs. Sufia Re-Rolling and Steel Mills Ltd. Dhaka and others, 2010, 39 CLC (AD)

....r and 5 other directors have filed Writ Petition No.7346 of 2007 against Bank of Credit & Commerce at present Eastern Bank Ltd. Head office and its managing Director challenging an auction notice published in daily newspaper in Money Execution Case No.51 of 1992 of Artha Rin Adalat No.3, Dhaka w...... the Court). Abdul Wadud Bhuiyan, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record- the Respondents. Civil Petition for Leave to Appeal No. 388 of 2009. (From the judgment and order dated 02.12.2008, 2009 passed by the High Court Division in Writ Petition No. 6254 of 2008 (an...... the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 819.......Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J BK Das J ABM Khairul Haque J SK Sinha J Bank of Credit and Commerce………….........................................Petitioner Vs. Sufia Re-Rolling and Steel Mills Ltd. Dhaka and others….......Respondents Judgme..

Category: Civil Law | Date: | Hits: 75

Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)

.... above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ......etitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent No. 2-12. Civil Petition for Leave to Appeal No. 378 of 2008. (From the judgment and order dated the 2nd day of August, 2007 passed by the High Court Division in Civil Revision No. 5865......ngly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ......(Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Rabeya Khatun being dead her heirs; Md. Harun-Or-Rashid Talukder and others ….....Petitioners Vs. Sheikh Ashraful Islam and others……………........Respondents Judgment Ju..

Category: Property Law | Date: | Hits: 33

Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......er. Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 5 Not represented- Respondent Nos. 1-4 and 6-9. Civil Petition for Leave to Appeal No. 928 of 2008. (From the judgment and order dated the 11th day of February, 2008 passed by the High Court Division in Writ Petition No.200......cordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......reme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Ismail Miah………………………………....Petitioner Vs. Bangladesh and others…………………Respondents Judgment June 21, 2009. ..

Category: Property Law | Date: | Hits: 25

Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)

....med, Order of status quo as was directed 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: 54 DLR (2002) 519. ....... Judgment Md. Abdur Rashid J. - This Rule was obtained by uncles and aunts of the minor upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 29-3-2001 passed by Subordinate Judge and Artha Rin Adalat No.2 at Dhaka in Miscellaneou...... Cases Referred To- Johura Begum vs. Naimuna Khatun, 16 DLR 695; Mrs. Nilufar Majid vs. Mokbul Ahmed, 1984 BLD 79; Hasan Bhat vs. Golam Mohammad AIR 1961 J & K 5. Lawyers Involved: Moin Uddin with Shah Manjurul Hoque, Advocates— For the Petitioners. Kh A M Mohsen Uddin with Zak......519. ..

Category: Family Law | Date: | Hits: 179

Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)

....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......mzan Ali Sikder, Advocates, — For Respondent No.1. First Miscellaneous Appeal No. 145 of 2002. Judgment Md. Abdur Rashid J. - This appeal was presented by defendant Nos. 1 and 2 against an order dated 22-1-2002 passed by Joint District Judge, Court No. 3 at Chittagong in Other Suit No. 21......ase is also Reported in: 54 DLR (2002) 515.......C) 82, the then Supreme Court was of the view: “A party in order to get interlocutory injunction must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation.” In Uttara Bank Vs. Macneill Kilburn, 33 DLR (AD) 298 the Appellate Divis..

Category: Property Law | Date: | Hits: 33

Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)

....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......osite party No. 2 in the instant civil revision. He was also a party in the Miscellaneous Appeal No. 59 of 2000, out of which the present civil revision arose. The appeal was against the judgment and order passed in the said Miscellaneous Case No. 4 of 1997. Abdul Matin took no part in the proceedin......issed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......ported in: 54 DLR (2002) 507...

Category: Property Law | Date: | Hits: 37

Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)

....d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......s 406 and 420 of the Penal Code and there is no mention of section 138 of the Negotiable Instruments Act, 1994 in the petition of complaint itself. 4. We have perused the petition of complaint and order passed by the Magistrate. From the petition of complaint it appears that after giving a specif......ase in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......002) 506. ..

Category: Criminal Law | Date: | Hits: 28

Bangladesh Shipping Lines Ltd. Vs. Commissioner of Customs, Chittagong and others, 2002, 31 CLC (HCD)

....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ......rad Reza, Advocate‑ For Opposite Party No. 2. JBM Hassan, Advocate‑ For Opposite Party No. 3. Civil Revision No. 5243 of 2000. Judgment Md. Abdur Rashid J.- This Rule arises out of an order of the Third Court of Subordinate Judge at Chittagong dated 13‑8‑2000 passed in Other Suit......unicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ...... 166. ..

Category: Procedural Law | Date: | Hits: 60

Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......t represneted- the State. Criminal Appeal No.281 of 1986 Re-Criminal Appeal No. 46 of 1998 Judgment Md. Abdul Aziz J. - This criminal appeal is directed against the impugned judgment and order of conviction dated 26-8-86 passed by the learned Sessions Judge Perojpur on Sessions Case No.......re hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502....... High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Aziz J AKM Fazlur Rahman J Kalu Sheikh alias Sheikh and Kalam Sheikh and others………………….Petitioners Vs. State………………………..Respondent Judgment July 31, 2002 Lawy..

Category: Criminal Law | Date: | Hits: 30

Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)

...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ...... Rule, was obtained by the preemptor- petitioner of the Miscellaneous Case No. 36/1994 upon making an application for revision under section 115(1) of the Code of Civil Procedure against judgment and order dated 13-7-1998 passed by the learned District Judges, Serajganj in Miscellaneous Appeal No. 3......DLR (2002) 500. ......s also Reported in: 54 DLR (2002) 500. ..

Category: Procedural Law | Date: | Hits: 75

Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)

.... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ....... 1002 of 1997. Judgment Amirul Kabir Chowdhury J. - At the instance of witness Syed Ahmed Chowdhury this Rule was issued calling upon the opposite party Nos. 1 to 4 to show cause as to why the order dated 29-7-97 passed by the learned Divisional Special Judge Barisal in Special Case No. 46 of......de above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ...... (2002) 498. ..

Category: Criminal Law | Date: | Hits: 29

Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

.... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496........ 122 of 2000. Judgment Md. Awlad Ali J. - This reference under section 160(1) of the Income Tax Ordinance, 1984 at the instance of the assessee Auto Equipment Limited has been made against the order dated 4-7-1999 made by the Taxes Appellate Tribunal, Division Bench 2, Dhaka. This reference i......on is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496.......(2002) 496...

Category: Fiscal/Taxation Law | Date: | Hits: 69

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

.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 494....... DLR (SC) 50. The relevant portion of the judgment of the said case is as follows: “Section 96 of the Civil Procedure Code deals with appeals from decrees and section 104 deals with appeals from orders. These provisions do not in terms say who is entitled to prefer an appeal. The Code, however,......order of stay granted at the time of issuance of the Rule is hereby vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 494.......2) 494...

Category: Civil Law | Date: | Hits: 76

Saidur Rahman Vs. State, 2001, 30 CLC (HCD)

....,) স্বাক্ষরিত (এ এইচ এফ কে সাদেক), মুখ্য সচিব। 13. This order appears at page 259 on Government’s direction as published in Bangladesh Anti-Corruption Manual (corrected upto 31st December, 1993). 14. It is a......ur Rahman Khan, Assistant-Attorney- General —For the Respondent. Criminal Appeal No. 400 of 1995. Judgement Md. Munsurul Hoque Chowdhury J. - This appeal has arisen out of the judgment and order dated 28-1-95 passed by the Senior Special Tribunal, Dhaka in Anti-Corruption Tribunal Case No......t be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......f Act 26 of 1957 to which the appellant pleaded not guilty and claimed to be tried in accordance with law. 3. During trial prosecution examined in all 6 witnesses in order to prove the charge and none was examined from the side of the defence. Since the appellant was found absconding at the time ..

Category: Criminal Law | Date: | Hits: 83

MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)

....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......Judgment Md. Abdur Rashid J. - This application at the instance of the decree holder is made under section 151 of the Code of Civil Procedure for recalling and/or vacating the direction given vide order dated 22-10-2001 by this Division in above Civil Order No. 5742 for stay of further proceeding......iah & others……….Opposite Parties Judgment February 19, 2002. Cases Referred To- Abdul Aziz vs. Aboni Mohan, 30 DLR (SC) 21; Abdus Sattar Khodaker vs. Prem Lata. 49 DLR 583; Brink’s Mat Ltd. Vs. Elcombe and others, (1988) 1 WLR 5O; Abdul Aziz vs. Abani Mohan; SP Chengalvara...... 54 DLR (2002) 485. ..

Category: Civil Law | Date: | Hits: 125

Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)

....ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ......rs. Md. Nurul Islam Chowdhury, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1 & 3-31. Civil for Leave to Appeal No. 2281 of 2009. (From the judgment and order dated 02.07.2008 passed by the High Court Division in F. M. A. No.168 of 2001.) Judgment ......tion which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ...... Muzammel Hossain J Surendra Kumar Sinha J Mst. Nurjahan Begum being dead her heirs A.B.M. Tosaddeque Hossain also died his heirs A.K.M. Zakir Hossain and others...........................Petitioners Vs. Administrator of Waqfs and others..............................Respondents Judgme..

Category: Trust/Waqf Law | Date: | Hits: 183

Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)

.... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ......ocate-on-Record- For the Appellants. Saheed Alam, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent. Civil Appeal No.197 of 2004. (From the judgment and order dated 04.07.1999 passed by the High Court Division in Writ Petition No.705 of 1998.) Judgme......thority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ......r Rahman J. - Instant appeal is against the judgment and order dated 04.07.1999 passed by the High Court Division making the Rule absolute-issued in Writ Petition No.705 of 1998. 2. The writ petitioner challenged the memo dated 16.07.1996 and the office memo No.390/21-Part/XI/JENG dated 06.10.199..

Category: Employment/Service Law | Date: | Hits: 80

Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)

....be declared to have been passed malafide, illegally and without lawful authority. The Rule in Writ Petition No. 2801 of 2004 was issued calling upon the respondents to show cause as to why the notice published in the "Daily Inquilab" inviting proposal for construction of a market under the name and ......ls). T.H. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents (In both the appeals). Civil Appeal Nos. 149-150 of 2005. (From the judgment and order dated 14.12.2004 passed by the High Court Division in Writ Petition Nos. 5512, 4338 of 2003 wi...... concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......3 calling upon the respondents to show cause as to why they should not be directed to take necessary step for registering the deed of permanent lease of 1.68 acres of khas land in favour of the petitioner. The Rule in Writ Petition No.4338 of 2003 was issued calling upon the respondents to show caus..

Category: Property Law | Date: | Hits: 28