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SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ase referred to above, the decree was under challenge but here the decrees passed in the two suits, namely, Title Suit No.84 of 1988 and Title Suit No.5 of 1993 were not under challenge even then the principle enunciated in the case referred to above applies in the facts and circumstances of the ins......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......ercial Trust of Bangladesh Ltd. and others, 1994 BLD (AD) 72=46 DLR (AD) 83; Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others, 51 DLR (AD) 84. Lawyers Involved: TH Khan with Ramzan Ali Sikder, Advocates‑ For the Petitioner. Khondke..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. ......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. ......239; Rafiqul Islam Vs. State, 1993 BLD (AD) 117 = 44 DLR (AD) 264; Abdul Khaleque and others Vs. State, 48 DLR 446; State Vs. Khalilur Rahman, 48 DLR 184; Abdus Samad Vs. State, 44 DLR (AD) 233. Lawyers Involved: Hasan Foez Siddique with Serajul Islam with Farhad Ahmed with Md. Masud Hasan..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....n meted out to the petitioner by issuing the impugned order. He submits that the petitioner was neither given any prior show cause notice for any opportunity to be heard, which is in violation of the principle of natural justice. Mr. Rahman also submits that the future employment prospect of the pet......cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. .............................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment January 15, 2005. Result: The Rule is made absolute. Lawyers Involved: Mahbubur Rahman with Md. Salahuddin Dolon and Mohammad Abu Taher, Advocates- ..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
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. ......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. ......egal evidence was not left out in making the decision in the case by the courts of fact High Court Division was in serious error in reversing concurrent finding by the courts below…….(15) Lawyers involved: Mahmudul Islam, Senior Advocate, Abdul Quayum, Senior Advocate with him instr..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....e validity of the Court proceeding. The Court may at any stage of the suit reject any document which it considers irrelevant or inadmissible after recording the grounds. It is now a settled principle of law that unless objection as to admissibility of a document was taken at the earlier op...... 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. ......4 BLD (AD) 229; Sova Rani Guha Vs. Abdul Awal Mia and others, 47 DLR (AD) 45; Abul Kashem Howlader Vs. Sultan Ahmed, 9 BLC 333; Chand Biswas Vs. Abdul Khaleque Sheikh and others, 51 DLR (AD) 55. Lawyers Involved: Abdul Quayum, Advocate- For the Petitioner. Dr. Rafiqur Rahman with Joyn..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....s not to be understood to have laid down any law that Article 181 of the Limitation Act, 1908 governs an application under section 115 of the Civil Procedure Code. It merely laid down emphasis on the principle that the High Courts power to revise an order suo motu is not restricted by any time limit......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. ......d. Abdul Gafur Pramanik and others, 1994 BLD (AD) 234; Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested Property, Serajganj Vs. Md. Abdul Majid and others, 2 BLC (AD) 11. Lawyers Involved: Abul Kalam Mainuddin, Advocate‑For the Petitioner. Not represented‑T..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....the same parties and had passed any decree or order regulating possession of the parties prior to the initiation of the proceeding under section 145 CrPC. There is hardly any dispute that the guiding principle on the legal question involved in this case had already been decided by the Apex Court in ......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. ......Begum and others, 45 DLR (AD) 31; Nader Ali Sk Vs. State, 35 DLR 180; Abul Basher and another Vs. Hasanuddin Ahmed and others, 51 DLR (AD) 14; Abdul Majid Mondal Vs. State, 4 MLR 191=51 DLR 287. Lawyers Involved: Md. Majibur Rahman, Advocate-For the Petitioner. SM Rezaul Karim with Md..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....utor and on the consent of the Court the withdrawal is made and the consent of the Court is a judicial function and Court must exercise its function judicially". 10. On consideration of the principle decided in the aforesaid cases the trial Court has come to a finding that: “ম......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. ......206; Syed Matiur Rahman alias Motiur Rahman Vs. State, 35 DLR (AD) 329; KATM Amanullah Vs. Golam Sultan and others, 36 DLR 131; Altab Hossain Vs. Kabed Ali and others, 1996 BLD 418 = 49 DLR 589. Lawyers involved: Habibul Islam Bhuiyan- For the Petitioners. Md. Shamsul Huda with Md. K..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. ......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. ......gh and another AIR 1937 PC 230; Shankarlal Narayandas Mundade vs The New Mofussil Co. Ltd. and others AIR 1946 PC 97; Bhup Narain Singh vs Gokul Chand Mahton and others AIR 1934 PC 68. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Sajjadul Huq, Advocat..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....e Code declares "every expression which is explained in any part of this Code, is used in every part of this Code in conformity with the explanation". This is in accordance with the general principle of construction of statutes that a term which occurs more than once in the same Act, must ......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. ......58; 48 DLR (AD) 87; 48 DLR 102; 50 DLR 301, 551; 1987 BLD 11; 1988 BLD 64; 1993 BLD (AD) 17; 1995 BLD 151; 1995 BLD 188, 226; 20 BLD (AD) 265; 6 MLR (AD) 297; PLD 1961 Dac 753; PLD 1964 Dac 330. Lawyers Involved: Anisul Huque, Advocate- For the Petitioners in both the cases. Md. Helal..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......ng a failure of justice. Plaintiff can seek relief in a properly constituted suit but in the present suit as framed the plaintiff is not entitled to any relief…… (11 & 13) Lawyers Involved: AQM Safiullah with Zubaida Gulshan Ara, Advocates‑For the Petitioner. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
....ugh to concede that if the transaction is construed to be a mortgage for 4 years only and not 7 years as mentioned in section 95A then he has no case because in that case it will be governed by the principle of transaction past and closed as laid down in 32 DLR case." 11. In view of...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......to: Abu Bakkar vs. Nazir Ahmed 34 DLR (AD) 237; Abdul Khaleque Sarnamat vs. Abdul Khaleque Sarnamat and another 1 BLC (AD) 90; Bangladesh vs. Haji Abdul Gani Biswas 32 DLR (AD) 233. Lawyers Involved: Abul Kalam Mainuddin Advocate, instructed by Md. Nawab Ali, Advocat..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
.... was not served with a notice before cancellation of licence by the impugned general notification nor he had been given any opportunity of being heard and consequently there has been violation of the principle of natural justice. A person or a citizen being possessed of any firearms under licen......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ...... Malcolm and another Vs. Emperor, AIR 1933 Calcutta 218; Zainul Abedin Vs. Emperor, AIR 1937 Peshawar 30; Kishirode Chandra Pal Vs. District Magistrate, Howrah and another, AIR 1956 Calcutta 96. Lawyers Involved: Abdul Baser Majumder with M Sayed Ahmed, Advocates‑ For the Petitioner. ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......ners Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Welfare, Government of People’s Republic of Bangladesh and others.......Respondents Judgment December 14, 2004 Lawyers Involved: M. I. Faruqui with Md. Ruhul Quddus-For the Petitioners. Not represented-the Res..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......d in the year 1982 that in any private firm or company in which the Government has interest or share capital, the employees of such organisation shall be considered as public servant. In. the case of International Finance and Investment & Commerce Bank Limited Vs. Abdul Quayum and another report......ed to- State Vs. Md. Iqbal Hossain, 48 DLR (AD) 100; IFIC Bank Ltd Vs. Abdul Quayum and another, 1999 BLD (AD) 234=4 BLC (AD) 255; GM Towab, Air Vice-Marshal (Retd.) Vs. State, 34 DLR 390. Lawyers Involved: Md. Abu Bakar Siddique, Advocate‑ For the Petitioner. AQ Md. Shafiulla..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......J Jamir Ahmed…………………Petitioner Vs. Siddique Ahmed Sowdagor and others...........Respondents Judgment December 12, 2004 Result: The leave petition is dismissed. Lawyers Involved: Abu Sams Md. Khalequzzaman, Advocate-On-Record- For the Petitioner. Mahmud..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......……......Petitioner. Vs. Md. Anwar Hossain & another.................Respondents. Judgment December 12, 2004 Result: The leave petition is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Md. Nowab Ali Adv..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ...... Vs. Rafiqul Kader, 25 DLR (HC) 91; Abdur Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162; Shari Ullah Patwary and others Vs. Jharna Dhara Chowdhury and another, 47 DLR (HC) 307. Lawyers Involved: Syed Humayun Kabir Khadem, Advocate - For the petitioner. Abdul Quayum, ..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......fiquer........................Petitioner Vs. Ministry of Shipping and others……….....Respondents Judgment December 4, 2004. Result: The petition is dismissed. Lawyers Involved: Abdur Razzaq, Senior Advocate, Mohammad Hossain, Advocate with him instruct..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
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