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Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....nds of contracts such as promissory note, letter of guarantee with bank on 19.06.1995; that on 08.05.1997 the complainant bank on the same matter at first filed a suit before the court of Subordinate Judge, Arth Rin Adalat being suit NO.92 of 1997 against the accused Nos. 1 and 2; that thereafter on......tled 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. ......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. ......The inherent power under the section has to be exercised for the ends of justice and should not be arbitrarily exercised to cut short the normal process of a criminal trial. 17. Both apex Court of Bangladesh and Indian jurisdiction hold the view that the High Court while exercising power under se..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....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 2004 passing an order to maintain status quo in respect of the......s 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. ......ed 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. ......their written statement though admitted the loan liability but came up with a specific plea that in view of the facts and circumstances of the case and in view of the undertaking given by the Siemens Bangladesh Limited (hereinafter called 'the Siemens') confirming that all payment arising out of wor..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....r maintaining property under the Constitution, obtained this Rule. 3. It is also stated in the writ petition that the writ petitioners filed Title Suit No. 191 of 1003 before the learned Assistant Judge, Second Court, Dhaka for the relief prayed for in this writ petition. At the time of hearing o......h, 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. ......ld 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. ......Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Aleka Khatun and others…………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Result: The Ru..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....the instance of the defendant petitioners was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and decree dated 29-1-2002 passed by the learned Joint District Judge, Court No.1, Borguna in Title Appeal No.2 of 2001 reversing the judgment and decree dated 15-1......tained. 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. ...... 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. ......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. ..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. ......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. ......e, 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. ...... Azizul Hoque alias Nanna Meah Vs. Sonall Bank, 1990 BLD 247; Aynuddin and others Vs. Azizuddin and others, 43 DLR 207; Kazi Motiur Rahman and others Vs. Din Islam, 43 DLR 128; Trading Corporation of Bangladesh Vs. Syed Sajeduzzaman, 40 DLR 406; Md. Bonde Ali Khan Vs. Government of Bangladesh, 1986 ..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. ...... 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. ......uous 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. ......1. ..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....992 with Criminal Appeal No.1064 of 1992 with Jail Appeal No.823 of 1993. Judgment Qazi Shafiuddin J.- This reference being Death Reference No.14/92 submitted by the learned Additional Sessions Judge, Narayangonj for confirmation of the death sentence passed by him on accused Mesbahuddin, the ......on 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. ......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. ......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)
....re for staying the proceeding of the criminal case pending the disposal of the civil suit that is Title Suit No.48 of 1973/6 of 1986 which has been pending in the 3rd Court of the learned Subordinate Judge, Dhaka. The Sub-Divisional Magistrate Dhaka by an order dated 11-6-80 stayed the proceeding of......rder 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. ......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. ......t the present petitioner was her monthly tenant in House No.252, Road No.22, Dhanmondi R/A, Dhaka. While she was abroad (in Iran) for about 7 years the petitioner taking advantage of her absence from Bangladesh, created a false Bainapatra, showing a contract for sale of the said house worth seven la..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: ......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: ......tive 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: ......ial Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: ..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....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 No.75 of 2001 reversing those dated 13.9.2001 passed by ......he 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. ......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. ...... (AD) page 20, in the case of Aklasur Rahman and others Vs. Safarullah and others which is also available in 42 DLR (AD) page 189 wherein their lordships of the Appellate Division of Supreme Court of Bangladesh have considered the point of waiver, acquiescence and estoppel in preemption matters. T..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ayetur 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 Case No.14 of 2004 should not be set aside and/or pass s......us 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. ......tion 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. ......order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....t 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. 18 of 2006, which rejected an application for ext......ost. 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. ......er 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. ......ry, 6 DLR 595; Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 33 DLR (AD) 17; Muniammal Vs. Sakkubai, AIR 1988 Madras 241; Idris Shaikh Vs. Jilamon Bewa, 50 DLR (AD) 161; Col. Md. Hashmat Ali (Retd) of Bangladesh Army Medical Corporation Vs. Bangladesh, 47 DLR (AD) 1; Sheo Prashal Lai Vs. Tapeshwar Ma..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. ......nted 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. ......lier 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. ......the Country Director, accused petitioner No. 2 is the Team Leader and accused petitioner No. 3 is the Area Manager of the Intermediate Technology Development Group presently named as Practical Action Bangladesh, a Non-Government organization (NGO) and he served in the (NGO) as a Research Associate a..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. ......ee 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. ......ubject 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. ......High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Ashfaqul Islam J Abdul Latif Howlader and others ……………… Petitioners Vs. Government of Bangladesh and others …………………..Respondents Judgment January 21, 2009. Result:..Category: Employment/Service Law | Date: | Hits: 216
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
....der 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 Bazar, in Nari-o-Shishu Nirjatan Case No.1...... 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. ......e 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. ...... 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
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....of action. In the same forum in the instant case in the previous occasion in a Criminal Miscellaneous Case No.7776 of 2011 was filed on the rejection of the bail prayer made by the learned Sessions Judge on 27-2-2011 in Criminal Miscellaneous No.243 of 2011 and in the present case the accused-peti......oner 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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....dpur at present House No.515, Flat No.14/B, Senpara Parbata, PS-Kafrul, Dhaka is not being held in judicial Custody illegally and improperly and as to why the order 25-07-2011 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal case No.578 of 2010 should not be set-aside and directe......re Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......at Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......tterjee Vs. Umme Salma, 8 BLT (AD) 168 = 51 DLR (AD) 238; Arun Karmakar Vs. State represented by the Deputy Commissioner Satkhira and another, 8 MLR (AD) 162 = 7 BLC (AD) 61; Mongol Chandra Nandi Vs. Bangladesh represented by the Secretary Ministry of Home affairs and others, 2 MLR 1997 (AD) 62 = 2 ..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
.... Ain, 2003………………………….(28) Cases Referred to- M/S. United Leather International Vs. Artha Rin Adalat and others, 17 BLT (AD) 204; Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others 18 BLT 277; Humayun Hossain Khan Vs. Government of the People’......s to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......t. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......a Rin Adalat and others, 17 BLT (AD) 204; Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others 18 BLT 277; Humayun Hossain Khan Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Finance & others, 61 DLR (AD) 92; Mir Moti..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....ullah and 9 others under section 410 of the Code of Criminal Procedure is directed against the Judgment and order of conviction and sentence dated 17.01.2005 passed by the learned Additional Sessions Judge, 3rd Court, Kishoregonj in Sessions Case No.23 of 2001 arising out of Nikli police station cas......ctive bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......il bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..Category: Criminal Law | Date: | Hits: 153