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Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......y stated in the written statement and therefore some mistakes are necessary to be amended in the interest of justice otherwise, he will suffer irreparable loss and injury. 5. Plaintiff opposed the prayer for amendment of the written statement on the grounds firstly, that after being examined by..Category: Property Law | Date: | Hits: 42
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......ed the facts and circumstances of the case, we find merit in the submissions advanced by their learned Counsels for both sides. The learned Judge of the trial Court will be at liberty to consider the prayer for bail on merit. 39. In the result, all appeals are allowed. The impugned judgment and o..Category: Criminal Law | Date: | Hits: 33
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......ported in 1 BLC (AD) 40. 14. The point of determination is, whether the petitioner was prevented by sufficient cause from not appearing in the Court in order to face the trial and whether the prayer for condonation of delay is likely to be allowed. 15. In the instant case it is an ad..Category: Criminal Law | Date: | Hits: 31
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......over charge of the office of the Chairman No. 3 Fulbari Union Parishad. The Election Tribunal issued rule of ad-interim injunction directing the opposite party No. 1 and 8 to show cause against the prayer of injunction. The opposite party No. 1 filed objection of 27.8.88. The injunction matter w..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37....... examined none. 6. The defence case as it transpires from the trend of cross examination of the P.Ws. was that the demolishing of the fencing took place in the morning and a that after the Jumma prayer on 28.11.75 the victim Abdul Karim Munshi along with Shamsul Haque, Kausar, Ishaque and other..Category: Criminal Law | Date: | Hits: 52
Jamil Siddique alias Bulbul Vs. State, 1988, 17 CLC (HCD)
....lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......ed by the Assistant Sessions Judge, 4th Court and Special Tribunal, Dhaka in Special Tribunal case No. 11 of 1987. The learned Special Tribunal by his order dated 1-11-88 rejected the appellant's prayer for recalling the prosecution witnesses for cross-examination. 2. The appellant's case, in..Category: Criminal Law | Date: | Hits: 35
Siddik Ali Vs. State, 1987, 16 CLC (HCD)
....tained earth, we find it difficult to place any reliance on the evidence of P.Ws. 1,2,4,6,8 and 12 or of 9 on the point of blood-stained articles or earth and in this view of the matter, we have no alternative but to hold that the prosecution has failed to prove the seizure of blood-stained articl......tion and sentence passed on the appellant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ..Category: Criminal Law | Date: | Hits: 30
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22....... arises out of an application under section 115 of the Code of Civil Procedure and is directed against the order dated 12-7-88 passed by the learned Assistant Judge, 6th Court, Dhaka, rejecting the prayer of the petitioner to add him as a defendant in Title Suit No. 183 of 1986, which is still pen..Category: Property Law | Date: | Hits: 39
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......ation praying for a direction to the Bangladesh Shipping Corporation having branch office in Chittagong to deposit an amount of Tk. 8,75,739/97 in the Executing Court. The executing Court allowed the prayer and directed the Bangladesh Shipping Corporation to deposit the said amount in the Court. In ..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)
....essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......sions Judge came to the finding that 150 days have not yet expired and as such the provision of section 339-C of the Code of Criminal Procedure is not applicable and that he was pleased to reject the prayer of the petitioners by his judgment and order, dated 5.12.85. 4. Being aggrieved by the afo..Category: Criminal Law | Date: | Hits: 24
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18.......son living on cultivation. On 24.1.87 the Kotwali Police arrested the detenu along with 9 others under section 54 of the Code of Criminal Procedure and was forwarded to the court of Magistrate with a prayer to remand them to custody till the receipt of the detention order. Thereafter the District ..Category: Criminal Law | Date: | Hits: 40
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......or three years on various pretexts to file written statement. When he failed to do so, the suit was fixed for ex parte hearing and even the ex parte hearings were adjourned from time to time upon the prayer of the appellant. Finally, the suit was decreed ex parte on 16.7.80. Thereafter a Pleader Com..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ...... of the plaintiff-company was examined as P.W.1 on commission. On 14.9.83 the Pleader Commissioner who took down the said evidence on commission submitted his report. On 15.9.83 upon the petitioner's prayer the exhibits/ documents were kept in the safe custody of the Sherestader. No other proceeding..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......ct. 15. The appeal, is accordingly allowed. The order dated 8-7-95 passed by the learned Subordinate Judge, 1st Court, Comilla in Title Suit No. 4 of 1995 is hereby set aside and the plaintiff’s prayer made under Order 39, rule 1 and section 151 of the Code of Civil Procedure is hereby rejected..Category: Banking Law | Date: | Hits: 122
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......(2) of the Constitution for preferring an appeal before the Appellate Division. Since we have summarily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......79 dated 17-12-98 for issuance of an order of detention under the Special Powers Act. The said application has been signed by the Officer-in-Charge on 17-12-98 forwarding the same to the Court with a prayer for 3 days remand in the interest of investigation and thereafter it appears from the said fo..Category: Criminal Law | Date: | Hits: 106
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ...... made in the body of this order, have been made solely for disposal of the application only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ..Category: Election Law | Date: | Hits: 159
Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)
....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......hed. 4. On perusal of the application filed under section 561A of the Code of Criminal Procedure, registered as Criminal Miscellaneous Case No.5373 of 2008, we do not find any nexus in between the prayer made in the application under section 561A of the Code of Criminal Procedure and the subject ..Category: Criminal Law | Date: | Hits: 34
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....f after reconsideration of the objection the Full Court observes that still in their opinion recommendee is the right person to be appointed as a judge of this Court in that case there would be no alternative before the Executive but to appoint the recommendee as a judge. There may be causes or ......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....if any of the National Plot Nos.15, 18, 20, 22, 24, 26, 28, 30,32 32A,25,27, 29,31,33,35,37 and 39 by the southern side to anyone by the RAJUK should be cancelled and those persons should be allotted alternative plots in any other suitable site. 12. We have already noticed that vacant space kept ......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ..Category: Property Law | Date: | Hits: 55