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Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)

....agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......neral with Md. Mozammel Haque-For the State. Criminal Revision Case No.26 of 1986. An application under Section 439 with Section 435 of the Code of Criminal Procedure, against the Judgment and order dated 10.8.85 passed by Mr. Nazrul Islam Magistrate 2nd Class Rajshahi arising out of G.R. No.......roceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......riminal Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Md. Mozammel Hoque J Sultan Ahmed …………………………………………………………………Petitioner Vs. 1. Golam Mostafa alias Dulal 2. The State, represented by Deputy Commissioner Rajs..

Category: Criminal Law | Date: | Hits: 26

Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)

.... this aspect of the case. 17. He further argues that the impugned order is bad and illegal being contrary to banking law and practice including Uniform Customs and practice for Documentary Credits published by the International Chamber of Commerce which customs and practice have been made a part ......que & M.M Khan - For the appellant. Md. Awlad Ali-For the respondent. Appeal from Original Order No. 286 of 1986. Judgment Anwarul Hoque Chowdhury J.- This appeal is directed against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attachi......983 (Cal), 106, AIR 1986 (Cal) 356, (1958) 1 All England Report 262, (1975) 1 All England Report 107, (1978) 1 All E.R.976, (1982) 2 All England Report 720); AIR 1925(A11) 442. Malas and another (Trading as Hamezeh) Malas and Sons vs. British Imex Indus­tries, Ltd. 1958 All England Law Re­ports (C......ant. Md. Awlad Ali-For the respondent. Appeal from Original Order No. 286 of 1986. Judgment Anwarul Hoque Chowdhury J.- This appeal is directed against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attaching the schedule property before..

Category: Business or Commercial Law | Date: | Hits: 209

State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)

....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......er to be referred as Dablu also preferred jail appeal being Jail Appeal No. 108 of 1985. Both the condemned prisoners have preferred criminal appeal which has been numbered as 109 of 1985 against the order of conviction and sentence. We have heard the Death Reference No.2 of 1985 made to this Court ......ther case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......yers Involved: Kaiseruddin Ahmed, Deputy Attorney General with Syed Mokoddas Ali, Assistant Attorney General and Md. Latifur Rahman - For the State. Muhammad Abdul Hoque - For the condemned prisoners. Death Reference No.2 of 1985 with Criminal Appeal No. 109 of 1985 and Jail Appeal ..

Category: Criminal Law | Date: | Hits: 61

M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)

....b­servation made above. Therefore, we make Rule ab­solute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......e party. Civil Revision No. 96 of 1987. In the matter of an application for stay. And in the matter of an application under Section 115 of the Code of Civil Procedure, 1908 for setting aside an order dated 3.12.86 passed by the Subordinate Judge and Commercial Court No.1 Dhaka in Money Suit No......te, with S.A.Haider Chowdhury, Advocate - For the petitioner. Kazi Golam Mahbub, Advocate — For opposite party. Civil Revision No. 96 of 1987. In the matter of an application for stay. And in the matter of an application under Section 115 of the Code of Civil Procedure, 1908 for setting a......: 40 DLR (1988) 56...

Category: Civil Law | Date: | Hits: 88

Titas Gas Transmission and Distribution Company Ltd. Vs. Habib Oil Mills (BD) Ltd., 2001, 30 CLC (HCD)

....eceipt of the copy of this judgment. In the result, the Rule is disposed of with the aforesaid observation without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 35. ......udication would require adducing evidence and it would be a best course on the part of the Oil Mills to go to the civil Court for decision and thus the Rule was discharged on 3-6-1999 and against the order the Oil Mills went to the Appellate Division but in vain. Then the Oil Mills instituted a Titl......n and Distribution Company Ltd…………………………….Petitioner Vs Habib Oil Mills (BD) Ltd....…………….Opposite Party Judgment July 30, 2001. Lawyers Involved: Mainul Hosein, Barrister-at-Law with Manjur Kadir and Md. Shamim ul-Alam, Advocates—For the Petition...... Court Division (Civil Revisional Jurisdiction) Present: Md. Fazlul Haque J NK Chakravartty J Titas Gas Transmission and Distribution Company Ltd…………………………….Petitioner Vs Habib Oil Mills (BD) Ltd....…………….Opposite Party Judgment July 30, 20..

Category: Civil Law | Date: | Hits: 115

Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)

....rt the statements made in the writ petition. 4. Mr. Md. Ramzan Ali Sikder, the learned Advocate, firstly, contended that the Tariff Value was introduced by Notification dated 17‑6‑96 which was published in the Official Gazette on 17‑8‑96 for GI Pipe of different sizes and description. But......s of US$ 37,267.90 for import of 8680 pieces of Steel GI Pipe under HS Code No. 7306.5000. The imported goods arrived at Chittagong Port on 20‑1‑97 under Commercial Invoice dated 25‑11‑96. In order to release the said consignment the petitioner through his clearing Agent, submitted bill of e......e in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......5 DLR (2003) 34. ..

Category: Fiscal/Taxation Law | Date: | Hits: 56

New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

.... of 2001. Judgment Md. Hamidul Haque J.- This Rule Nisi issued calling upon the respondents to show cause why the impugned SRO No. 184 Ain/2001/Srakom 10/Ni: Mo: Ni 28/2001 dated 8th July, 2001 published in the Bangladesh Gazette (Annexure D) fixing minimum wages for workers in all industrial ......ages for workers in all industrial undertakings of Bangladesh should not be declared to have been done illegally and without lawful authority and to be of no legal effect and or such other or further order or orders passed as to this court may seem fit and proper. 2. Dr. M. Zahir appeared on beha...... 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......Case is also Reported in: 54 DLR (2002)33...

Category: Labour and Industrial Law | Date: | Hits: 96

Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)

....aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......etitioner. MA Samad with MGH Ruhullah, Advocates—For the Opposite Parties. Civil Revision No. 4008 of 1999. Judgment Md. Fazlul Haque J.- This Rule is directed against the judgment and order dated 12-7-99 passed by the District Judge, Dhaka in Transfer Miscellaneous Case No. 326 of 19......e disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ...... is also Reported in: 54 DLR (2002) 31. ..

Category: Civil Law | Date: | Hits: 73

ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)

....his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ...... a resolution of the members, debenture holders or any class of them has been passed or is likely to discriminate the interest of one or more of the members or debenture holders; and pray for such order, as in his or their opinion, would be necessary for safeguarding his or their interest and als......lorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ......Ed. This Case is also Reported in: 54 DLR (2002) 28. ..

Category: Company Law | Date: | Hits: 220

Paul Reinhurt Limited and another Vs. Prime Textiles Spinning Mills Ltd. and others, 2001, 30 CLC (HCD)

....Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name. Ed. This Case is also Reported in: 54 DLR (2002) 17....... M Moniruzzaman and Aneek R Hoque—For Opposite Party No. 1. Tania Amir—For Opposite Party No. 2. Civil Revision Nos. 1937, 1938 & 1939 of 1995. Judgment Md. Abdur Rashid J.- This order will dispose of the above three Rules. 2. The Rules were obtained by defendant Nos. 1 and 2...... Ed. This Case is also Reported in: 54 DLR (2002) 17....... (2002) 17...

Category: Civil Law | Date: | Hits: 101

M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)

....ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32.......‘ the Opposite Parties. Civil Revision No. 1389 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule the opposite party Nos. 1 and 2 were called upon to show cause as to why the impugned order dated 5‑5‑1996, passed by the learned Senior Assistant Judge, Sadar, Bhola in Miscellaneou......hem & ors……………..……Defendants petitioners Vs. Moulvi Abdur Rab Miah & others…………..….Opposite party Judgment July 22, 2002. Case Referred To- Mosharraf Hossain Mia Vs. Mosammat Hasina Begurn anothers, 43 DLR 254. Lawyers Involved: Farid Ahmed on beha......rted in: 55 DLR (2003) 32...

Category: Property Law | Date: | Hits: 28

Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)

....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......‘ the Opposite Parties. Civil Revisional No. 2699 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96 passed by the learned Assistant Judge, Dacupe Court under Khulna District in.......- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96 passed by the learned Assistant Judge, Dacupe Court under Khulna District in Miscellaneous Case No. 37 of 1993, should not be set aside. 2. The petitioner as pre‑emptor ......o Reported in: 55 DLR (2003) 29...

Category: Property Law | Date: | Hits: 36

Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......etitioner. MA Samad, Advocate ‑ For the Respondents. Writ Petition No. 4540 of 2000. Judgment SAN Mominur Rahman J.- Rule was issued calling upon the respondents to show cause why the order of transfer of the petitioner, an unskilled labour, to the post of Darowan by order dated 10â€......arowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......n: 55 DLR (2003) 26...

Category: Labour and Industrial Law | Date: | Hits: 71

M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-­Corruption & ors., 2001, 30 CLC (HCD)

....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......lation of one deep‑tubwell with electric motor for estimated cost of Taka 3,79,495 and respondent No. 6 as contractor was required to complete the work within one month from the receipt of the work order. Since respondent No. 6 failed to execute the aforesaid work as per the contract specification....... In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......: 55 DLR (2003) 24. ..

Category: Anti-Corruption Laws | Date: | Hits: 138

Aliluddin and others Vs. Ministry of Land Administration and Land Reforms & others, 1999, 28 CLC (HCD)

....hout lawful authority and to be of no legal effect. In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......ng involved similar facts and a common question of law are taken up together and disposed of by a single Judgment. 2. The above Rules were issued calling upon the respondents to show cause why the order dated 6-4-1994 passed by respondent No.1 (communicated under the signature of Respondent No.3 ......In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ...... Reported in: 52 DLR (HCD) (2000) 112. ..

Category: Property Law | Date: | Hits: 31

Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)

....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......n High Court Division at Rangpur Bench by the pre-emptee as petitioner in a revision application made under section 115 (1) of the Code of Civil Procedure, referred to hereinafter as the Act, against order dated 01-02-86 passed by the learned Munsif at Upazila Pirgachha, Rangpur allowing an applicat......(HCD) (2000) 109. ......ase is also Reported in: 52 DLR (HCD) (2000) 109. ..

Category: Civil Law | Date: | Hits: 69

Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)

....anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......ealised under section 7(a) of the said Act, giving up going to the PDR Act. 5. We do not find any merit in this Rule which is liable to be discharged. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated and the records which was called for b......nd the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......08. ..

Category: Criminal Law | Date: | Hits: 37

Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)

....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......ite Party. Civil Revision No. 1637 of 1999. Judgment AK Badrul Huq J.- The subject matter of challenge in this Civil Revision petition under section 115 of the Code of Civil Procedure is an order dated 20-4-99 recorded by the learned Senior Assistant Judge and Family Judge, Khulna in Famil...... Firojul Islam (Md) (Firoj)…………..Petitioner Vs. Zahanara Akter…………………………..Opposite Party Judgment December 2, 1999. Lawyers Involved: Md. Abul Kalam Moinuddin, Advocate—For the Petitioner. Khurshid Alam Khan with Farida Yeasmin, Shahnaj Bablee an......s also Reported in: 52 DLR (HCD) (2000) 107. ..

Category: Family Law | Date: | Hits: 185

Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)

....g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......rt to strike out parties but the court cannot use Order VI rule 17 or Order I rule 10 to avoid the consequences of non‑joinder for where a special provision is to be found in the Act. The court can order an amendment and even strike out a party who is not necessary. But when the Act makes a person......prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......also Reported in: 55 DLR (2003) 19...

Category: Election Law | Date: | Hits: 85

Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)

....oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......Revision No. 2006 of 1992. Judgment NK Chakravartty J.- This Rule at the instance of plaintiff-petitioner No. 2 was issued calling upon the opposite parties to show cause as to why the impugned order No. 29 dated 9‑5‑1992 passed by the Senior Assistant Judge, Upazila Kaunia, Rangpur in Oth......made absolute.   The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule 17   Order XVIII rule 17 empowers the Court to re‑call at any stage a witness who has been examined and cross-examined. The powers under the rule are very wide and Court can re‑call witness eve......so Reported in: 55 DLR (2003) 17. ..

Category: Property Law | Date: | Hits: 34