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Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......f the price of MS Rod, it is stated that under the terms of the contract, the plaintiff was required to procure all sorts of raw materials including MS Rod. In the interest of work the defendant made prayer to the government for supply of MS Rod and Government approved their prayer and accordingly, ..

Category: Civil Law | Date: | Hits: 132

Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)

..... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196....... material allegations made in the plaint. 4. When the suit was thus proceeding the plaintiffs filed an application under Order 39 rules 1 and 2 of the Code of Civil Procedure for injunction with a prayer for temporary ad interim injunction for restraining the contesting defendants from entering i..

Category: Procedural Law | Date: | Hits: 81

Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)

.... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499.......als were dismissed by judgment and order dated 22nd November, 1973. Thereafter the defendant Nos.8-16 prayed for allotment of saham in the trial court on 26.11.1975 and the trial court rejected their prayer on 22.4.1975. Defendant Nos.8-16 thereafter preferred Civil Revision No.680 of 1976 and the H..

Category: Property Law | Date: | Hits: 17

Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)

....judicata in the instant suit, and the trial Court, if the ques­tion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......ssed on 01.03.1988. Thus the said suit is barred by principles of res judicata. 5. The plaintiff-respondent filed an appli­cation before the trial Court for amend­ment of plaint for adding a new prayer for a declaration that the patta dated 16.03.1932 is forged, collusive, void and not binding ..

Category: Procedural Law | Date: | Hits: 95

Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)

....ay. Security of Tk. 1,000/- is to be deposit­ed within 1(one) month. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481.......s reply deny­ing the material allegation made therein to the effect that on the aforesaid date the duty of the petitioner was up to 10 P.M. and after completion of his duty he went to the Mosque for prayer and then went home and that the petitioner was not aware as to who drove the vehicle and caus..

Category: Labour and Industrial Law | Date: | Hits: 79

Md. Yusuf Chowdhury Vs. Administration of Waqf of No. 4, New Eskaton Road, Ramna, Dhaka-1000, 2009, 38 CLC (AD)

....t the Administrator of Waqf, compelled the petitioner and his learned Advocate to go out from the Court and the petitioner was not intimated the next date of the proceeding and then hav­ing no other alternative the petitioner filed an application to transfer the case to any other competent court fo......ommissioner, because due to public function, the said witness may not appear before the Administrator of Waqf on the next dates and in that case, the petitioner will be highly prejudiced and his said prayer was verbally rejected and then the petitioner prayed for supplying the written objection file..

Category: Trust/Waqf Law | Date: | Hits: 185

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......ich was enlisted as Abandoned Property but in the meantime the petitioner was evicted from the case property. The petitioner then moved the Court of Settlement in Settlement Case No.47 of 1987 with a prayer for releasing the property but without success. Then, the writ-petitioner filed Writ Petition..

Category: Property Law | Date: | Hits: 24

Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)

.... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ...... for an area of 19 decimals appertaining to plot No.1350 settlement khatian No.123 under Baishgaon Mouja. Thereafter by filing an amendment petition dated 02.05.1999 the plaintiff petitioners added a prayer vide order dated 26.05.1999 for recovery of khas possession for 9½ decimals of the northern ..

Category: Property Law | Date: | Hits: 26

Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)

....h an impending precarious life-threatening situation do we have a choice? We are of the opinion that unless we act quickly disaster will be inevitable. 13. As such, on balance we are left with no alternative but to implement the provisions of law strictly. We have to take the risk of redundancy ......n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ..

Category: Environmental Law | Date: | Hits: 279

Md. Shafiul Alam and others Vs. Ajamat Ullah being dead his heirs Sabjan Bibi and others, 2010, 39 CLC (HCD)

....rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside. Office is directed to communicate the at once. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 233.......ther refers the case of Abdul Mannan (Md.) Vs. Swaraj Roy and others 54 DLR 352 held:- “When a party claims to be in possession, the Court is also under an obligation to see if by rejecting his prayer this Court is pushing the parties to multiplicity of proceedings”. 6. The learned Couns..

Category: Property Law | Date: | Hits: 27

Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)

....n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ...... Learned Assistant Judge by the order under challenge in the Civil Revision petition allowed the same. In recording that order the learned Assistant Judge only held that to secure ends of justice the prayer was allowed. 11. Feeling dissatisfied the defendant petitioner invoked this court’s Civi..

Category: Property Law | Date: | Hits: 27

Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)

....0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ......pondents No. 1 and 2 from making any construction and / or changing the nature and character of the suit lands or from cutting away trees from the suit lands. The respondents No. 1 and 2 resisted the prayer for temporary injunction by filing a written objection. The trial Court made an interim order..

Category: Property Law | Date: | Hits: 84

Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ...... The Arbitration Tribunal, according to the petitioner, did not make any decision in the matter and kept it pending. Then he went before the Election Appeal Board. The Appeal Board thus negatives the prayer of the petitioner refusing to include his name in the final voters list for the purpose of en..

Category: Business or Commercial Law | Date: | Hits: 204

Hasmat Ali Vs. State, 2001, 30 CLC (HCD)

....tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ...... the convict appellant Hasmat Ali about 3 months before the date of occurrence and since then they were leading their conjugal life. He received information from his Bhasti Jamai Shahjahan after Asar prayer on 30-8-1991 that the convict appellant killed his deceased daughter and went to the house of..

Category: Criminal Law | Date: | Hits: 27

Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)

.... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ...... further appears that in that suit the plaintiffs filed an application under Order 39, rule 2 read with section 151 of the Code of Civil Procedure and prayed for a temporary injunction. The following prayer: এমতাবস্থায় বাদীগনের বিনীত প্রার..

Category: Business or Commercial Law | Date: | Hits: 207

Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)

....l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......9 which date was fixed for trial. The trial of the Case could not be held on that date or on subsequent dates. It was adjourned on 14-9-99, 16-9-99, 26-10-99, 17-11-99, 13-1-2000 and 27-1-2000 on the prayer of the prosecution on the ground that no witness turned up. The Learned Metropolitan Addition..

Category: Criminal Law | Date: | Hits: 189

Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)

....ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ......ul authority. 2. In this Case, the petitioner is the father of the victim of Kaligonj PS Case No.11 dated 14-8- 2000. The petitioner prayed for giving custody of the victim girl to him and his prayer was not considered by the learned Sessions Judge, Satkhira in Criminal Miscellaneous Case No...

Category: Criminal Law | Date: | Hits: 33

Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)

....he impugned order with jurisdiction and on consideration of the materials on record there is no scope to interfere with the same by this Court. Mr. Oziullah lastly submits that the petitioners had an alternative remedy by way of filing an appeal under section 30 of the Special Powers Act and they ha......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ..

Category: Criminal Law | Date: | Hits: 101

Morshed (Md) @ Morshed @ Md. Morshed Alam Vs. State, 2000, 29 CLC (HCD)

....lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ......on the evidence of a deaf and dumb is dangerous and therefore conviction should not be based on the evidence of the deaf and dumb witness. 3. The learned Assistant Attorney-General opposed the prayer for bail. 4. We have perused the first information report and the evidence. From the f..

Category: Criminal Law | Date: | Hits: 38

Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)

....িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......be granted. A party to a legal dispute cannot claim an adjournment of a hearing as a matter of right. He cannot expect to have his application for an adjournment granted as a matter of course. If his prayer for an adjournment is rejected he must make himself present at the hearing to defend his inte..

Category: Civil Law | Date: | Hits: 80