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Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ...... Sujanpur Vs. Surinder Kumar, (2006) 5 SCC 173; SN Chandrashekar Vs. State of Karnataka, (2006) 3 SCC 208; Bombay Dyeing and Mfg. Co. Ltd., Vs. Bombay Environmental Action Group, (2006) 3 SCC 434. Lawyers Involved: Anwarul Azim Khair, Advocate - For Petitioners. Rafiqul Islam, Senior Advoca......s Sattar Chowdhury was examined and on the basis of the enquiry report, the learned Munsif held that the Miscellaneous Case is not maintainable and accordingly dismissed the Miscellaneous Case by Order No. XXVI dated 1-8-1970. 4. It may be mentioned that the predecessor of the petitioners d..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......7; Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and others, 54 DLR (AD) 70; UCM Vs. Royal Bank of Canada United Trading Corporation Sa Vs. Allied Arab Bank Ltd., (1985) 2 Lloyd's Law Report 554; Zyta Garments Ltd. Vs. Union Bank Ltd., 55 DLR (AD) 56; Training Knit Wear Limited V......ills of defendant nos.3-7 and to stop payment of the concerned import bills until his clearance, but with no effect. Hence this suit. 4. In suit, plaintiff by an application dated 21-11 2004 under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure sought for temporary injunction restraini..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......R 1934 Nag. 138; Amirbus 36 Cr. LJ 331; Shariful Islam Vs. Billal Hossain, 45 DLR 722; Choa Lal Vs. Anant, 25 Cal 233; Inamilla, 2 Cr.LJ 790; Jashimuddin Khan Vs. Md. Ali Ashraf, 42 DLR (AD) 289. Lawyers Involved: S.M. Md. Nurul Huda Jaigirdar - For the petitioner. Nusrat Alam Chisty, Assi......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ..Category: Criminal Law | Date: | Hits: 66
....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
...... 223; 35 DLR 132; 22 BLD (AD) 117; 35 DLR (AD) 211; 4 BLC (AD) 191; 8 BLC (AD) 67; 9 BLC 624; 17 BLD (AD) 294; PLD 1958 (SC) 115; Safaruddin and others Vs. Fazlul Huq and others, 49 DLR (AD) 151.
Lawyers Involved:
Abul Quasem with Shahadat Tanveer Amin with A.U. Ahmed, Advocates - For the pet......of the suit. In the case of Safaruddin and others Vs. Fazlul Huq and others reported in 49 DLR (AD) 151, where it has been laid down that no suit can fail by reason merely of nonjoinder of parties. Order 1 Rule 9 CPC makes this legal position clear. Therefore, I find no merit in the submission of ..
Category: Property Law | Date: | Hits: 66
....ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......ent
May 13, 2010.
Result:
The Rule is discharged.
Cases Referred to-
Janata Bank Ltd. Rajgonj Road Branch, Comilla Vs. Gulneara Begum and others, in writ petition No.6136 of 2007.
Lawyers Involved:
Abdul Barek Chowdhury with Golam Mostufa Sarower Chowdhury - For the Petitioner......nder Article 102 of the Constitution of People's Republic of Bangladesh a rule was issued in the following terms:
Let a rule Nisi be issued calling upon the respondents to show cause as to why the Order No.15 dated 12-5-2009 passed in Artha Execution Case No.145 of 2007 by the Artha Rin Adalat No..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......C); Abdul Kader Chowdhury and others Vs. State, 28 DLR 1976 (AD) 38; LV Yadav, AIR 1983 SC 1219; State Vs. Bhajan Lal, AIR 1992 SC 604; State Vs. KJD Singh, 1994 SCC (Cr) 63 = 1993 CR LJ 3537 SC. Lawyers Involved: Md. Israfil Hossain - For the petitioner. M.U. Ahmed – For the opposite pa......onsidered view that the Rule is devoid of substance and as such the accused petitioner is not entitled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ...... 414; AIR 1931 (Calcutta) 279; AIR 1956 (Rajasthan) 191; AIR 1953 (Calcutta) 377; AIR 1962 (SC) 527; 20 DLR 501; 26 DLR 157; 14 DLR 657; 35 DLR (AD) 42; 47 DLR (AD) 7; 26 DLR 157; 29 DLR (SC) 82; Lawyers Involved: Mrinal Kanti Biswas, Advocate-For the Appellant. Md. Khalilur Rahman with T.......t is now well settled that in order to get a favourable order of injunction under order 39 rules 1 and 2 the petitioner requires to establish a prima facie case and prima facie case in the context of Order 39 appears to be an issue raising a serious question of law and in the instant suit which is p..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......y itself constitute disputed question of fact. This is dispute which could be resolved on affidavits and annexure and requires evidence to settle such fact………………………………(12) Lawyers Involved: Khan Saifur Rahman with Md. Nurul Amin, Advocates — For the Petitioners......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......………….Opposite Party Judgment August 9, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR 383. Lawyers Involved Dr. Md. Eunus Ali Akond with Fazlul Haque, Advocates — For the Petitione......, so it cannot be said with certainty, that which 6 decimals of land which is the share of the plaintiff is covered by which deed. Thus, it appears, the specification of the suit land was not proper. Order VII, rule 3 of the Code of Civil Procedure provides that the description of the suit land must..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......) 70; Azizzur Rahman Vs. Janata Bank, 28 DLR (AD) 252; Rezaul Huq Molla Vs. Afizullah Mollah and others, 42 DLR (AD) 74; Punjab Ali Pramanik and others Vs. Mohd. Mokarrum Hossain, 29 DLR (SC) 185. Lawyers Involved: Sultan Ahmed and Abdul Majid, Advocates - For the Petitioner. Mahbubey Ala......e only point involved for decision is whether the suit which was dismissed for default for non‑appearance of the plaintiff can be restored under section 151 CPC instead of filing a Misc. Case under Order 9 rule 9 CPC. 4. Since all other facts are admitted, I am not inclined to reiterate them to..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......by the Court of Settlement. Under the above circumstances any further order is necessary for reinforcement of the Judgment delivered by the Court of Settlement…………………………..(16) Lawyers Involved: MI Farooqui, Advocate - For the Petitioner. Not Represented - For the Respon......erty. The Court of Settlement heard the petitioner and also the Government and by its Judgment dated 17-11-92 held that the disputed house was not abandoned property within the meaning of President's Order No.16 of 1972 and also held that it should be excluded from the list of abandoned buildings. T..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......murder as appearing in section 396 would consist of the proof of committing culpable homicide. Therefore, these two words should not be confused………………………………………..(10) Lawyers Involved: Abdul Malek with Imman Ali and AHM Mushfiqur Rahman, Advocates - For the Appell......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ..Category: Criminal Law | Date: | Hits: 75
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......Court Division...........................(11) Cases Referred to- Hrishikesh Dutt Vs. State, 20 DLR 66; Gridari Lal Vs. King Emperor, 1925 AIR (Oudh) 433; Saleha Khatun Vs. State, 39 DLR 109. Lawyers Involved: S S Halder, Advocate - For the Petitioner. Zakir Ahmed, Advocate - For the O......order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ..Category: Procedural Law | Date: | Hits: 71
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... 53; Shankar Gopal Chatterjee Vs. Additional Deputy Commissioner, Dhaka, 41 DLR 326; Jogesh Chandra Lodh Vs. Province of East Pakistan, 9 DLR; Mrs. Maleka Siraj Vs. Bangladesh, WP No.2713 of 2010. Lawyers Involved: D.H.M. Munir Uddin, Advocate, Rokanuddin Mahmud (In support of the Rule), Advoc...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ...... Fazar Uddin Vs. Maijuddin and others, 14 BLD (AD) 29= 44 DLR (AD) 62; Mst. Rokeya Begum Vs. Md. Abu Zaher and others, 20 BLD (AD) 90; Md. Dewan Ali Vs. Md. Jashimuddin and others, 60 DLR (AD) 73. Lawyers Involved: Md. Mahbub Ali, Advocate - For the petitioners. Md. Ali Reza, Advocate - For......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......g Finance Corporation……………………Petitioner Vs. Mosammat Amena Begum……………………Opposite party Judgment January 28, 2010. Result: The rule is discharged. Lawyers Involved: Shahid Alam, Advocate - For the Petitioner. Md. Salim, Advocate - For the Op......aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner Corporation filed Miscellaneous Case No.26 of 2003 as per provision of President Order 7 of 1973 read with Act XVIII of 1952 in the Court of District Judge, Chuadanga against the op..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ....... Asgori Khanam, AIR 1934 Oudh 45; Union of India Vs. Tulsiram Patel, AIR 1985 SC 1417, 1477; Hukuchand Vs. Bansilal, AIR 1968 SC 86 = (1967) 3 SCR 695; Periyakkul Vs. Dakshyani, (1983) 2 SCC 127. Lawyers Involved: Khijir Ahmed with Dider Alam Kollol, Advocates — For the Petitioner. Mahbu......CC Suit No.9 of 2005 in the said Court of SCC Judge for ejectment of the petitioner. The suit was decreed ex parte by judgment and decree dated 8-11-05. Then, the petitioner made an application under Order IX; rule 13 of the Code of Civil Procedure hereinafter referred to as the Code being Miscellan..Category: Civil Law | Date: | Hits: 281
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......ys a civil or statutory right to be enforceable in a Civil Court or a Labour Court or the like. In such a case, question of criminal liability does not arise at all.............................(8) Lawyers Involved Dr. Shadeen Malik with Md. Monjur Alam, Advocate — For the Petitioners. Md.......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ..Category: Employment/Service Law | Date: | Hits: 238
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ......s Judgment January 21, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Government of Bangladesh Vs. Jahangir Alam, 12 BLC (AD) 163. Lawyers Involved: Manzil Murshid, Advocate — For the Petitioners. Md. Abdus Samad Kama......tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ..Category: Employment/Service Law | Date: | Hits: 216
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
.... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......filed against the Police report the same should be disposed of in accordance with law……………………………(13) Case Referred to- Rahela Khatun Vs. Abul Hossain, 48 DLR (AD) 213. Lawyers Involved: AHM Kamruzzaman, Advocate - For the Informant-Petitioner. Sarwar Ahmed...... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..Category: Criminal Law | Date: | Hits: 177
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