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Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)

....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......ection petition and to decide whether the petition was liable to be dismissed under Article 58 of the Order. The said preliminary issue was taken up for hearing and after hearing the parties a Single Judge of the High Court Division by the impugned decision dismissed the election petition. Hence is ..

Category: Election Law | Date: 22 Mar, 2005 | Hits: 123

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

.... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ......ad Trust Vs. Federation of Pakistan PLD 1996 SC 324; S Israr Hossain Vs. Crown, 1954 PLD (FC) 313 = 7 DLR (FC) 19; Attorney General of Pakistan Vs. Abdul Hamid, 15 DLR (SC) 96; Sir Edward Snelson Vs. Judges, HC Lahore, 16 DLR (SC) 535; Saleem Ullah Vs. State, 44 DLR (AD) 309; Secretary, Ministry of ..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7

Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)

....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574.      ...... Judgment Afzal Hossain Ahmed J. - This Rule, at the instance of the defendant—appellant-petitioner is directed against the judgment and decree dated 7‑6‑2001 passed by the Subordinate Judge, 2nd Court, Gopalganj in Title Appeal No.37 of 2001 affirming the judgment and decree dated 31..

Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3

Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)

....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779.   ...... under section 439 of the Code of Criminal Procedure at the instance of 11 (eleven) accused‑petitioners is directed against the judgment and order dated 28‑3‑2002 passed by the learned Sessions Judge, Sirajgonj in Criminal Appeal No.10 of 2002 in affirming the judgment and order of conviction ..

Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4

Ayub Ali Vs.State, 2005, 34 CLC (HCD)

....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230.     ......r on behalf of the State also filed an application on the same date (18‑12‑2004) praying for calling them as witnesses quoting therein wrongly section 540A instead of section 540 CrPC The learned Judge, Druto Bichar Tribunal an considering the application and hearing the parties allowed the pray..

Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3

Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

.....  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. ...... of a Division Bench of the High Court Division in Civil Revision No.446 of 2000 making the Rule absolute which was obtained against the order dated November 9, 1999 of the 4th Court of Subordinate Judge (now Joint District Judge), Dhaka passed in Title Suit No. 183 of 1997 rejecting the applica..

Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308

Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka Vs. Md. Safiqul Huq and others, 2005, 34 CLC (HCD)

.... both the aforesaid rules. Both the rules are therefore discharged without any order as to costs. Send down the L.C.R. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 75. ...... Das J.- These rules were issued calling upon the opposite party Nos.1-12 to show cause as to why the impugned judgment and decree dated 30-5-1999 passed by the 8th Court of the Additional District Judge, Dhaka allowing Title Appeal No.35 of 1992 upon reversing those dated 28.6.1992 passed by th..

Category: Property Law | Date: 23 Feb, 2005 | Hits: 5

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

.... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ......the wife of the respondent No. 1 and the wife of Abul Bashar, after creating a forged document with the help of their husbands, obtained an order of injunction from the First Court of the Subordinate Judge, Chittagong which was, however, vacated on 28-1-2001. 4. The respondent No. 1 filed aff..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)

....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356.   ......as issued calling upon the opposite party Nos.1, 3 and 4 to show cause as to why the impugned Judgment and decree dated 20‑5‑1996, decree signed on 26‑5‑1996 passed by the learned Subordinate Judge, 1st Court, Feni, in Title Appeal No.22 of 1988 affirming the judgment and decree dated 29‑1..

Category: Property Law | Date: 7 Feb, 2005 | Hits: 2

Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)

....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed.  Ed. ......1-2002 passed by the High Court Division in Civil Revision Nos. 2076 and 2077 of 1998 held against the petitioner and the Government against the judgment and decree dated 16-3-1998 of the Subordinate Judge, Second Court Sherpur in Other Appeal Nos. 45 of 1994 and 44 of 1994 reversing those dated 30-..

Category: Property Law | Date: 1 Feb, 2005 | Hits: 118

Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)

.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......e in Civil Revision No.305 of 2003 heard analogously with Civil Revision No.974 of 2003 absolute setting aside those dated 14‑11‑2003 allowing the Miscellaneous Case No.6 of 2003 of the Assistant Judge, 3rd Court Dhaka and setting aside the ex parte decree in SCC Suit No.3 of 393 and restoring t..

Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120

SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ...... attorneys refused to execute and register the deed of sale, Md. Saifur Rahman Khan instituted a suit for specific performance of contract being Title Suit No.84 of 1988 in the 2nd Court of Assistant Judge, Dhaka. The suit was decreed by judgment and decree dated 15‑8‑1998 (Annexure-E). During P..

Category: Property Law | Date: 16 Jan, 2005 | Hits: 7

Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)

....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......nohar Joarder and 10 others under section 410 of the Code of Criminal Procedure against the judgment and order of conviction and sentence dated 25‑3‑1997 passed by the learned Additional Sessions Judge, 1st Court, Kushtia in Sessions Case No.72 of 1990 convicting them under sections 302/149 of t..

Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3

Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)

....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......e Bench of the High Court Division in Civil Revision No. 502 of 1998 making the Rule absolute. The Rule was obtained against the judgment and decree dated July 25, 1987 of the Court of Subordinate Judge (now Joint District Judge), and Commercial Court No. 2, Dhaka passed in Title Appeal No. 17 o..

Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177

Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)

.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635.   ...... Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 21‑1‑95 and 28‑1‑95 passed by the Sub-Judge, 1st Court, Barisal in Title Appeal No.30 of 1985 reversing those dated 22‑1‑85 and 29‑1..

Category: Property Law | Date: 10 Jan, 2005 | Hits: 2

Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)

....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586.   ...... section 5 of the Limitation Act. 2. The petitioner in his application has stated, short, inter alia, that he as plaintiff filed Title Suit No.10 of 1993 in the Court of learned Senior Assistant Judge, Sadar, and Khulna for declaration that he is the permanent licensee of the suit land and for ..

Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6

Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)

....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......the Code of Criminal Procedure, was issued calling on the Deputy Commissioner, Chittagong to show cause as to why the impugned judgment and order dated 15-­9‑2004 passed by the learned Sessions Judge, Borguna in Criminal Revision No.26 of 2004 setting aside the orders of the proceedings under ..

Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4

Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)

....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770.   ......ademul Islam Chowdhury J.- The Rule was issued calling upon the Deputy Commissioner, Gopalgonj to show cause as to why the impugned order dated 13‑7‑2003 passed by the learned Additional Sessions Judge, Gopalgonj in Sessions Case No.54 of 2001 rejecting the prayer for withdrawal of the prosecuti..

Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37

Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)

....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......96 of a Division Bench office High Court Division in First Appeal No. 82 of 1987 allowing the appeal upon reversing the judgment and decree dated February 25, 1987 of the Court of Subordinate" Judge (now Joint District Judge), Narayanganj passed in Title Suit No.72 of 1992 dismissing the sa..

Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ......accused in that case, could invoke the provisions of section 241A, to that effect 265C of the Code for discharging him from prosecution and if the order goes against accused, he may move the Sessions Judge under section 439A of the Code or he may wait till framing of charge and could challenge the o..

Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1