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Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......Kaoran Bazar, (first floor), Dhaka. 3. The petitioner also filed an application for temporary injunction under Order XXXIX rules 1 and 2 read with section 151 of the Code of Civil Procedure with a prayer for ad-interim injunction but the trial Court by order dated 18‑5‑1999 rejected the praye..Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ...... 86 of the Co-operative Society Ordinance, 1984. We find no reason to hold that the suit as framed is barred under the law. The learned Subordinate Judge was thus perfectly justified in rejecting the prayer of the petitioner for rejection of the plaint. The impugned order is found to be well-reasone..Category: Civil Law | Date: | Hits: 70
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......riae. Criminal Miscellaneous Case No. 3875 of 2007. Judgment Nozrul Islam Chowdhury J.- On 29-3-2007 this application under section 498 of the Code of Criminal Procedure with a prayer for anticipatory, bail was placed before this Court in connection with GR Case No.8 of 2007 a..Category: Criminal Law | Date: | Hits: 50
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
.... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......s is also included in the schedule of the partition suit and that there is scope for deciding as to whether the defendant is a monthly tenant under the plaintiff in the partition suit and allowed the prayer of defendant and stayed the SCC suit till disposal of the Partition Suit No. 8 of 1999. ..Category: Property Law | Date: | Hits: 37
....le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......ntiff No. 1 Sarada Kanta Mistry filed an application on 6-7-1978 before the then Sub-Divisional Officer, Khulna, praying for lease of suit property admitting the suit land as 'vested property'. His prayer for taking lease of the property was rejected on 15-8-1978. Therefore, he cannot claim that..
Category: Property Law | Date: | Hits: 27
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
..... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......he Courts below failed to appreciate the scope and application of section 6 of the Rin Salishi Ain (Act No. 15 of 1989) and erroneously decreed the suit declaring the plaintiffs title and allowed the prayer for khas possession. He further submitted that during pendency of the Miscellaneous Appeal No..Category: Property Law | Date: | Hits: 34
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....d. Order of stay granted 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: 59 DLR (2007) 234 . ......Mannuzan Hossain and others, 35 DLR (AD) 225 found reconveyance colourable show up and paper transaction and upon such view, allowed the appeal, set aside the order of the trial Court and allowed the prayer for preemption by impugned judgment and order. 11. Mr. M Enayetur Rahim, learned Advoc..Category: Property Law | Date: | Hits: 28
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....s, whether a Court of law can give its consent for withdrawal from the prosecution of an accused person, who allegedly committed a heinous crime like the one on the grounds above mentioned or, in the alternative, whether the learned Public Prosecutor can seek withdrawal without assigning proper reas......ly and cited some decisions in support of the impugned order, and accordingly, we have been left with no option other than to meet the points. 11. The learned Additional Sessions Judge allowed the prayer on the reasonings as follows: "বিজ্ঞ পিপি তার দাখিলি ..Category: Criminal Law | Date: | Hits: 43
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......egal effect. 26. When we are faced with such injustice done to a citizen by the Deputy Commissioner of Taxes in his reassessment and imposition of penalty, we could not find any reason to deny the prayer for exercise of our jurisdiction under Article 102(2)(a) (ii) of the Constitution to advance ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
.... valuable time of the Court. 52. The question was settled long before by Mr. Ali, J in 14 DLR 657. Let me quote him: "There is no doubt that the plaintiff in his plaint might ask for an alternative relief, that is, he might ask that he might be given a declaration of his under raiyati ...... corrected even after such declaration and continue to remain as before, with at best a copy of the decree attached with the relevant page. 50. It occasioned no doubt, for the omission in the prayer for correction of the record of rights in the name of the plaintiff. What can be done if the ..Category: Property Law | Date: | Hits: 32
Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)
....ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......ellaneous Case No. 4 of 1999. 6. The present petitioner filed written objection to the petition filed by the opposite party No. 1 bank. Be that as it may, the learned Artha Rin Adalat allowed the prayer of the plaintiff-opposite party No. 1 bank and restored the suit to its original file and num..Category: Civil Law | Date: | Hits: 69
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....at Dhaka itself and those facts were brought to the notice of the respondent long before the writ petition was filed. The respondent did not inquire into those assertions and has not come up with alternative facts suggesting that after 25.3.71 the petitioner retained his Pakistani citizenship ......the petitioner received a reply from the respondent being memo, dated 4.2.85 (Annexure-R) wherein it has been stated that the Government has examined the petitioner's case thoroughly and rejected his prayer for release of the disputed property. This is the impugned order. 5. Annexure-S is the pho..Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......nal Chamber of Commerce Brochure No.222. Subsequently dispute arose between the buyer and the seller and the Indian firm brought a Suit alleging that the machinery supplied were not upto mark and a prayer was made to restrain the Russian firm for taking any further step in pursuance of L.C. and fr..Category: Business or Commercial Law | Date: | Hits: 209
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....llow the procedure as laid down in rule 15 of the Minimum Wages Rules, 1961 which provides for the procedure for determining minimum rates of wages. In view of the above two defects, we find no other alternative but to declare the impugned notification as illegal and of no legal effect. 12. Howev......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 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...Category: Labour and Industrial Law | Date: | Hits: 96
....aint on the ground that the plaintiff challenged the award in the garb of a suit without making the statutory security as required under section 33 of the Act.
7. In the second application, may be alternatively, the prayer was for stay of further proceedings of the suit under section 34 of the Ac......that the plaintiff challenged the award in the garb of a suit without making the statutory security as required under section 33 of the Act.
7. In the second application, may be alternatively, the prayer was for stay of further proceedings of the suit under section 34 of the Act on the ground tha..
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.......st of the defendants and to furnish security bond on the allegation that the defendant in violations of court's order had gone to damage the suit properties. The learned Subordinate Judge allowed the prayer against which the defendants petitioners on an application under section 115(1) of the Code m..Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
.... a mistake. In such circumstances exercise of power under section 151 of the Code of Civil Procedure is not only permissible but also imperative for preventing an injustice and the availability of an alternative remedy under other provisions of the Code does not always stand in the way of exercise o......earance and took adjournment for filing written objection and ultimately 2 days earlier of the date of ex parte hearing of the case on 21‑9‑93, filed the written objection on 19‑9‑93 with the prayer for acceptance of the same. But the Court kept those in the record with an order to put up th..Category: Property Law | Date: | Hits: 36
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.......g Officer, Presiding Officer, Hon'ble Speaker and the Election Commissioner as parties to the election petition. The petitioner also in violation in Article 51 of the People's Order 1972 made several prayers in the Election Petition but according to Article 51(2), the petitioner can claim any of the..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. ......ree) points before me. Firstly, he submits that there being no prescribed time limit for filing and deciding the partition suit the learned Assistant Judge, committed an error of law in rejecting the prayer for amendment under Order VI rule 17 of the Code of Civil Procedure inasmuch as the purpose o..Category: Property Law | Date: | Hits: 34
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....t by another memo dated 12-3-82 addressed to six other inmates including the respondent No. 7 Jaleel Brothers to hand over their respective vacant possession to the Superintending Engineer or, in the alternative, to hand over possession to the petitioner directly. Mr Shamsur Rahman as Proprietor of ......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ..Category: Anti-Corruption Laws | Date: | Hits: 232
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