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Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ......ut ultimately, none of the opposite parties in the election petition contested the election petition and the Election Tribunal dismissed the same ex parte against all by its order dated 14-11-99. The prayer for recount was also rejected. 4. The election-petitioner then took an appeal therefrom to..Category: Election Law | Date: | Hits: 79
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......ver the goods by the vessel ‘MV Sargodha’ which admittedly arrived at Chittagong Port on 21-4-95. The plaintiff instituted the suit claiming Taka 45,00,962.00 for non delivery of cargo and on the prayer of the plaintiff the vessel ‘MV Sargodha’ was arrested. When the goods were delivered by ..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......of the same contending, mainly that they did not receive any summons of the suit and, as such, they could not appear and file the written statement in the trial Court. The petitioner opposed the said prayer by filing a written objection contending, inter alia, that no relief was prayed for in the su..Category: Procedural Law | Date: | Hits: 66
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....ugust 1995 instead from the date of his declaration on 11-4-1994. The petitioner has filed the instant writ petition against an order passed by the Assistant Commissioner (VAT) without exhausting the alternative remedy available to it by way of filing an appeal to the Commissioner as provided in sec......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364....... may not be encouraged in as much as they allowed the appeal to be dismissed for default and then filed the miscellaneous case for re-admission of the appeal and in the said Miscellaneous Case made a prayer for amendment in order to delay the purpose of the suit. 6. I have perused the impugned or..Category: Procedural Law | Date: | Hits: 86
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623....... Procedure was not entertainable on this Court also. 6. However, considering the above facts and circumstances we find that there was no scope for setting aside the auction sale in question on the prayer for the respondent No.1 made long 3 years after the impugned auction sale. The learned Judg..Category: Civil Law | Date: | Hits: 79
Abdur Rashid alias Abdur Rasheed Vs. Judge, Artha Rin Adalat No.1, Chittagong, 2009, 38 CLC (AD)
..... We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 611.......ree for execution. 6. The respondent No.2 filed an application on 06.03.2004 before the Artha Rin Execution Court in Artha Rin Execution Case No. 196 of 2003 under Section 34 of the Ain with a prayer for warrant of arrest for civil jail against judgment debtor No. 2 allegedly for not appearin..Category: Civil Law | Date: | Hits: 77
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......ce was refused by them and finally they refused to execute the sale deed. As a result, the plaintiff was compelled to file the aforesaid suit for specific performance of contract on 06.09.1999 with a prayer for execution and registration of sale deed and for the compensation at the rate of Tk. 1,000..Category: Property Law | Date: | Hits: 25
Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)
....the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593.......ns made on behalf of the heirs of defendant No.20 that the matter be remanded to the trial Court with a direction upon the Advocate Commissioner to allot saham in their favour. In view of the joint prayer, the High Court Division discharged the rule and directed to the trial Court to allot saham i..Category: Property Law | Date: | Hits: 23
Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)
.... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548....... application for issuance of certificate of title under Section 33(7) of the Artha Rin Adalat Ain, 2003 and the learned Judge, Artha Rin Adalat No.1, Dhaka by his order dated 14.03.2006 allowed the prayer and by his order dated 14.03.2006 issued the impugned certificate of title under Section 33(7..Category: Civil Law | Date: | Hits: 73
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......om date. The learned Judges also directed the police authority not to arrest the accused petitioner Nos.2-14 in the meantime with a further direction upon the Sessions Judge, Pabna, to consider their prayer for bail, if preferred by them. 8. Being aggrieved by the above Order dated 08.12.2009, pa..Category: Criminal Law | Date: | Hits: 68
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284.......he Code the court below committed an error of law in allowing Miscellaneous Case No.13 of 1987 under Order 9, rule 4 of the Code. (ii) The case being filed out of time by 5 days and there being no prayer for condonation of delay and the delay having not been condoned, court below committed an err..Category: Procedural Law | Date: | Hits: 83
.... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280.......o. 4673 of 1991.
Judgment
Gour Gopal Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question.
2. Short facts relevant for the p..
Category: Civil Law | Date: | Hits: 91
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......arty Nos. 1 to 6 in effect, were trying to establish the genuineness of the registered sale deed dated 23-10-1983 The learned Senior Assistant Judge by the order dated 6-7-1992 allowed the subsequent prayer of the defendant-opposite party Nos.1 to 6. The genuineness of the said registered sale deed ..Category: Procedural Law | Date: | Hits: 85
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256....... application under section 4 of the Partition Act. 2. Plaintiff-opposite party No.1 has filed the aforesaid Title Suit No. 3 of 1983 in the Court of the Subordinate Judge, 2nd Court, Dhaka with a prayer for partition on the allegations, inter alia, that one Akhtaruzzaman owned and possessed 2½ ..Category: Property Law | Date: | Hits: 113
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......he said area. But the respondents are withholding granting of the said licence to the petitioner. The petitioner put an application for amendment sought to incorporate Nandi Para Union as well in the prayer portion. 32. In Writ Petition No.3592 of 1998 Rule was issued calling upon the respondent ..Category: Constitutional Law | Date: | Hits: 109
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......ing written objection but no written objection was filed and the injunction matter was fixed on 15-2-1998 and on the said date in the absence of the defendants the learned Assistant Judge allowed the prayer for injunction and an order of ad interim injunction passed on 27-11-1997 was made absolute w..Category: Administrative Law | Date: | Hits: 146
....im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......d for ad-interim mandatory injunction for a direction upon the defendant Nos.1 to 3 to restore possession of the suit land to them pending hearing of the said application. The trial Court allowed the prayer by its order passed on the same date as impugned in earlier Rule and directed the Waqf Author..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
.... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......a was absconding. 5. The charge sheet being received by the learned Magistrate it was accepted on 8-1-2000 and warrant of arrest was issued against the absconding accused Labu Mia according to the prayer made by the Investigating Officer in the aforesaid charge sheet. On 10-1-2000 accused Labu Mi..Category: Criminal Law | Date: | Hits: 101
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......ale deed dated 15-1-1964 to a hand writing expert for opinion after comparing the LTI of the plaintiff appellant on the disputed sale deed. 4. By the impugned order the appellate Court allowed the prayer and ordered for sending the documents in question for comparing the LTI thereon to be compare..Category: Procedural Law | Date: | Hits: 90
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