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....997 reversing those dated 29.05.1997 and 3.06.1997 passed by the learned Senior Assistant Judge, Shingail, Manikganj in Title Suit No.118 of 1983 should not be aside and or pass such other or further order or orders as to this Court may seem fit and proper.
2. Short facts of the case are as follo......ined.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
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Category: Civil Law | Date: | Hits: 103
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....s J.- This Rule at the instance of respondent-petitioner Sharmin Akhter, mother of a minor boy was issued on an application under section 115 of the Code of Civil Procedure to examine the legality of order dated 1.3.2004 passed by the Additional District Judge, 5th Court, Dhaka in Miscellaneous Fami......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 117
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....he previous owners Gour Sundar and others, their (plaintiffs’ and pro forma defendants’) predecessors filed a case being No.504 of 1956, which was ultimately allowed on compromise by judgment and order 11.11.1957. Consequently the record was correctly prepared in the names of their predecessors ...... predecessors-in-interest to the plaintiffs and proforma defendants 16-20 by way of a registered sale deed No.5 dated 3.1.1928. After so transfer, they were possessing the land by paying rents to the Government. As the land measuring 3.87 acres in plot Nos.756 and 701 and 1.72 acres of land in plot ..Category: Civil Law | Date: | Hits: 73
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....Advocate - For the Petitioners. Asad Hossain Chowdhury, Senior Advocate - For the respondent No.1-2. Writ Petition No.6067 of 2004. Judgment Md. Abu Tariq J.- This rule has arisen out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Art...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ..Category: Civil Law | Date: | Hits: 69
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....he Opposite Parties. Civil Revision No.1730 of 2006. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned Judgment and order dated 20-4-2006 passed by the learned District Judge, Pirojpur being Election Appellate Tribun......rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....ernment/Opposite Party. Civil Revision No.3230 of 2004. Judgment AK Badrul Huq J.- In interest of justice it is felt to record a message that many litigants including the Government in order to steer clear of Order/Judgment/Decree maintained by last ladder of hierarchy take recourse t......: 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....hul Quddus J. - This Rule at the instance of the plaintiff-petitioner was issued on an application under section 115(1) of the Code of Civil Procedure calling in question the legality of judgment and order dated 18.8.1996 passed by the Senior Assistant Judge, Gaibandha Sadar allowing an application ......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 105
....nt Nos.2 and 4.
Appeal from Original Order First Miscellaneous Appeal No.10 of 1998.
Judgment
Mahmudul Amin Choudhury J.- This first Miscellaneous Appeal is directed against the judgment and order dated 19‑1‑98 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.2......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
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Category: Company Law | Date: | Hits: 127
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
.... Jamiruddin Sircar - For the State. Md. Nowab Ali - For the State. Criminal Appeal No.339 of 1982. Judgment Amin-ur-Rahman Khan J.- This appeal is directed against the Judgment and order dated 30-11-82 passed by Mr. Golam Rasul, Assistant Sessions Judge, Kishoreganj convicting t...... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....hole of Bangladesh was placed under Martial Law, (ii) the Martial Law Regulation No. XVI of 1976, published in the Bangladesh Gazette Extraordinary dated 14th June, 1976 and (iii) the judgment and order dated 17th July, 1976 passed by the Special Martial Law Tribunal in Special Martial Law Case N...... Major Ziauddin and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abdul Mazid………………….............Petitioner (In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Judgment ..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....l Islam J Amarbati Natya Mandir........................Plaintiff Vs. State ……………………Respondent Judgment February 4, 2009. Result: The appeal is allowed without any order as to costs. Cases Referred to- Baisnab Das Vs. Nani Gopal, 14 DLR 364; Tulsi Ram Vs. Ra......ent was one to which the Bengal Regulation applied and it was an institution in which the right of nomination of the trustee, manager or superintendent thereof was vested in or was exercisable by the Government or any other public officer or such nomination was subject to the confirmation of the Gov..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....……Plaintiff-Appellant Vs. Orbit Enterprise Ltd and another………………………Defendants-Respondents Judgment January 20, 2009. Result: The appeal is allowed without any order as to cost. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 34 (2) The po......it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ..Category: Civil Law | Date: | Hits: 95
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....f the Code of Criminal Procedure, 1898, (shortly passed by the learned Senior Special Judge, Rajshahi in Case No.9 of 1998 (Special) has been challenged by the complainant petitioner. 2. By that order the learned Senior Special Judge, Rajshahi summarily rejected the complaint and thereby refuse......took a proper decision not to proceed with the case. 21. The grounds taken in the revisional application with regard to responsibility of the learned Senior Special Judge to seek sanction of the Government for prosecuting the accused under section 6(5) of the Criminal Law Amendment Act, 1958 do..Category: Procedural Law | Date: | Hits: 92
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....rit Petition No.8377 of 2009. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioners, this Rule Nisi was issued calling upon the respondents to show cause as to why the Judgment and order dated 28-5-2009 passed in Nathi No.CEVT/Case-(VAT)-236/2008 dated 28-5-2009 by the respondent ......l and upholding the Judgment and order dated 2-6-2008 passed by the Respondent No.3 in order No.367 Mushuk-Anium/Banoful & Co./Commi/08 directing the petitioners to deposit Taka 1,36,35,283.25 to Government fund through treasury chalan should not be declared to have been issued without lawful au..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....rif Uddin Chaklader J.- This Rule by the plaintiffs directed against Order dated 19-2-1987 passed by the learned Additional District Judge, 3rd Court, Dhaka in Civil Revision No.114 of 2983 affirming order No.35 dated 4-9-1982 passed by the learned Munsif, 6th Court, Dhaka allowing Miscellaneous Cas......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....d as Chatak Police Station Case No.8(3), 1999. It emerged from evidence of Informant P.W.1 that he himself took up investigation of the case and he performed some investigation and thereafter, on the order of Higher Authority transferred the case to Criminal Investigation Department and Criminal Inv......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
.... to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.” In order to discharge the said onus the plaintiff Sujjat Ali @ Surja Mia as P.W.1 asserted that Jomu Sh......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....etition No.3229 of 2004. Judgment AKM Abdul Hakim J.- On an application under Article 102 of the Constitution, this Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 9-12-2003 passed by the Full board in case No.3 -108 of 1995 (Review) Dhaka (Annexure D)......dly, this Writ Petition is in the nature of a Writ of Certiorari. The scope of a Writ of Certiorari is very limited. In this connection, a reference may be made to the decision in the case of the Government of Bangladesh Vs. Md. Jalil reported in 15 BLD (AD) 175 = 49 DLR (AD) 26. In that decis..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
.... Miscellaneous Appeal No.173 of 2005. Judgment Syed Md. Ziaul Karim J.- This appeal, at the instance of defendant No.3 appellant calls in question the legality and propriety of the Judgment and order dated 27-11-2004 passed by learned Joint District Judge, first Court, Dhaka directing defendan......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. ..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....on is necessary to prevent an injustice. The High Court Division seldom interfere in the preliminary stage with the discretion of the Sessions Judge taking action, but when the materials on which the orders are based are clearly insufficient to support those orders, the High Court Division feels bou......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
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