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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. ...... 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..

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. ......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..

Category: Criminal Law | Date: | Hits: 66

Md. Munsur Ali & others Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others, 2009, 38 CLC (HCD)

....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. ......er, his step-brothers namely defendant Nos. 1-3 by way of false personification created two deeds of Heba-Bil-Ewaz being Deeds No.7546 and 7547 dated 28.3.1974 in the name of their deceased father in order to grab their deceased father's entire property including 1.32 acres of land previously given ..

Category: Property Law | Date: | Hits: 66

Md. Hasan Habib alias Ahsan Habib and others Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....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. ......g notice in the daily "Janakontho" fixing a date on 14.2.2003 for auction but, no bidder participated in the auction and hence, the next date was fixed on 10.8.2004 for steps. Thereafter according to order of the learned Judge of the Artha Rin Adalat 2nd attempt was taken for auction sale of the mor..

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. ...... Extent of section 561A Cr.P.C. Section 561A of the Code provides that nothing in the Code of Criminal Procedure shall be deemed to limit or affect the inherent power of the court to make such order as may be necessary to give effect to any order under this code, or to prevent abuse of the pr..

Category: Procedural Law | Date: | Hits: 79

Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)

....so the balance of convenience and inconvenience is in favour of the plaintiffs. It is now well settled that order 39 rules 1 and 2 are not exhaustive and there are innumerable examples where strictly speaking a case may not come within the ambit of order 39 rules 1 and 2 and this aspect of the case ......for hearing along with an application for vacating the stay filed by the plaintiff-respondents (hereinafter called ‘the respondents'). This miscellaneous appeal is directed against the judgment and order dated 30.11.2004 passed by the learned Joint District Judge, Dhaka, in Title Suit No.227 of 20..

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. ......ers…………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Result: The Rule is discharged without any order as to cost. Disputed question of fact and writ jurisdiction of the High Court Division ..

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. ...... Begum @ Monowar Begum & others…...Petitioners Vs. Nimai Chandra Roy………………….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 Inv..

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. ......g and the parties once again fought upto the Appellate Division and still fighting before the High Court Division in this Revision, arising out of the said suit. The suit was dismissed for default by order dated 2‑3‑1996 for non‑appearance of the plaintiff. On an application of the plaintiff u..

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. ......tification whereby the disputed house was included in the list of abandoned property lost all force with the delivery of Judgment 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………..

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. ......on accused Mesbahuddin, the jail appeal preferred by the condemned prisoner being Jail Appeal No.823/93 and the Criminal Appeal being Criminal Appeal No.1064/92 preferred by accused Arzan against the order of conviction and sentence passed by the Additional Sessions Judge, Narayangonj in Sessions Ca..

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. ......upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the impugned proceeding in Kotwali Police Station Case No.6(2)79 should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts, as stated in the p..

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: ...... to why they should not be directed to take appropriate steps against the concerned officials for failing to discharge their respective duties in accordance with law and/or pass such other or further order or orders as to this Court may seem fit and proper.” 2. As clippings from an English vern..

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. ......- For the Opposite Parties. Civil Revision No.1743 of 2008. Judgment Md. Nizamul Huq J.- This rule was issued calling upon the Opposite Party Nos.1-8 to show cause as to why the judgment and order dated 27.03.2008 passed by the Additional District Judge, Brahmanbaria in Miscellaneous Appeal..

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. ...... Civil Revision No.1221 of 2007. Judgment M. Enayetur Rahim J.- This rule at the instance of the decree holder petitioner was issued calling upon the opposite party to show cause as to why the order dated 05.11.2006 passed by the learned District Judge, Chuadanga in Miscellaneous Execution Ca..

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. ...... 2007. Judgment MA Rashid J.- Defendant tenant obtained the above Rule upon making a revision application under section 25 of the Small Cause Courts Act, 1887 (Act IX of 1887 for revision of an order dated 19-3-07 passed by the Senior Assistant Judge at Sadar in Sylhet in Miscellaneous Case No..

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. ...... proceedings of CR Case No. 227(1) of 2006 under section 406/420/109 of the Penal Code, now pending in the Court of Magistrate, cognizance court No. 3 Jamalpur, should not be quashed and/or any other order passed as this court may seem fit and proper. 2. By the Rule issuing order dated 23-7-2007,..

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. ......rs ……………… Petitioners Vs. Government of Bangladesh and others …………………..Respondents 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 ..

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. ...... This Rule was issued, on an application under section 561A of the Code of Criminal Procedure, at the instance of informant petitioner, calling upon the opposite par­ties to show cause as to why the order dated 5-7-2007 passed by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, Cox's..

Category: Criminal Law | Date: | Hits: 177

MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)

....ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......e under section 5(2) of the Prevention of Corruption Act, 1947 read with section 161 of the Penal Code pending in the Court of Chief Metro­politan Magistrate, Chittagong and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Md. Badrudduza the learne..

Category: Criminal Law | Date: | Hits: 151