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Gopinath Das and others Vs. Government of BanglaÂdesh & others, 2010, 39 CLC (HCD)
....granted by the Courts below High Court Division travelled beyond the issue at hand and rejected the plaint with the following observations: "The question of maintainability of the suit goes at the root of a matter in issue to be adjudicated upon. If the mere reading of the plaint it is found that...... Court, Dhaka in Misc. Case No.30 of 2007 under Order IX rule 13 of the Code of Civil Procedure ("the Code" for short) setÂting aside a decree passed ex parte in Title Suit No.724 of 1985. 2. The case, technically though, concerns nothing more than a question of legality of an order of restorati..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......ved a legal notice for making the payment within 7 days of receipt of this notice but even after receiving of that notice since the opposite party did not pay the money, the plaintiff bank lodged the case on 23-3-2006. Thereafter, the opposite party petitioner appeared before the Court and after rec..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water DeveÂlopment Board, 2012, 41 CLC (HCD)
.... condonation of the delay in making the objections. The defendant never sought for condoÂnation of the delay by making any application. Limitation under Article 158 of the Limitation Act goes to the root of the right to set aside or get the award remitted for reconsideration. In the circumÂstances......veral bouts of legal proceedings for appointment of arbitrator, lastly, Mr. Justice MA Wahab (Retired) was appointed as arbitrator who gave the disputed award. 4. Opposite party No.4 contested the case by filing written objection denying the material allegaÂtions made in the plaint. 5. It is ..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......upon the opposite-parÂties to show cause as to why the order No.35 dated 6-11-2004 passed by the learned Joint District Judge, First Court, Chittagong, in Misc, Case No.404 of 2004 allowing the said case under Order XXI Rule 58 of the Code of Civil Procedure, should not be set aside or such other o..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......e appealing on behalf of the petitioners has urged that the Rule should be made absolute on the ground the learned Sessions Judge committed an error in holding that there was no finding that it was a case of extreme emergency which only would confer jurisdiction upon the MagisÂtrate to pass an orde..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......s that where upon investigation, the Court. is satisfied that such property when attached was not in the possession of the Judgment debtor, it shall make an order releasing the property. 8. In the case before us, it appears that though the plaintiff filed objection against the claim of the respon..Category: Procedural Law | Date: | Hits: 146
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Party Judgment October 14, 1982. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A In case of prolongation of the proceeding which will amount to a sheer abuse of the process of the Cour..Category: Criminal Law | Date: | Hits: 62
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......Sultan Hossain Khan J.- This rule has arisen out of an order passed by the learned Additional Special Judge, Chittagong DiviÂsion in Special Case No.46 of 1981 directing further investigation of the case. Facts necessary for disposal of the rule may be stated thus. 2. Accused petitioner has b..Category: Criminal Law | Date: | Hits: 70
Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)
....umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......tenant under section 106 of the Transfer of Property Act. The tenant is also entitled, withÂout prejudice to this right, to stay on till the end of a full month or a full year of the tenancy, as the case may be. If the time given is in excess of the half term of the tenancy and the tenant is able t..Category: Property Law | Date: | Hits: 73
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....n 420 of the Penal Code now pending in the Court of Chief MetropoliÂtan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......ons 435 and 438 of the Code of Criminal Procedure rejecÂting the petitioner’s prayer for making a referÂence to this Court recommending quashment of the said Criminal Case. 3. The petitioner's case is that he was the Managing Director of Dhaka Paints LimiÂted which was the principal agent de..Category: Criminal Law | Date: | Hits: 67
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......he said firm is a reputed one carrying on Artdari business. At the instance of some interested persons with whom the detenue has got business disÂputes police implicated the detenue in some specific cases and without an inquiry submitÂted charge-sheet against the detenue in Kotwali P.S. Case No.36..Category: Criminal Law | Date: | Hits: 78
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......ticle 102 of the Constitution the petitioners seek issuance of Rule against the respondents directing them to show cause why Memo No.BD/LC/92‑28/95/43 dated 25‑1‑96 directing them to vacate the case land should not be declared to be illegal and without lawful authority. 2. The petitioners c..Category: Property Law | Date: | Hits: 67
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......enal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 50,000 in default to suffer rigorous imprisonment for 2 (two) years more there under. 2. The prosecution case is that while Shahera Khatoon (12), daughter of Ms. Amena Khatoon had been working as a maid in..Category: Criminal Law | Date: | Hits: 91
Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
....ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ......r the cause of nonappearance of the pre-emptor, against which he filed Miscellaneous Case No.27 of 2001 under Order IX, rule 9 of the Code of Civil Procedure for restoration of the said Miscellaneous case for pre-emption to its file and number stating that since 8-7-2001 he was in ailment and, as su..Category: Procedural Law | Date: | Hits: 133
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......filed within the period of limitation and there was proper cause of action for filing of the suit and the learned Judge of the Adalat in consideration of legal and facÂtual questions involved in the case lawfully rejected the application on merit; whether the goods were damaged or not in a disputed..Category: Civil Law | Date: | Hits: 176
Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)
....e petitioners if they misuse the privilege of bail in any manner whatsoÂever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ......¦â€¦â€¦â€¦â€¦â€¦â€¦..Accused-Petitioners Vs. State………………………………Opposite Party Judgment March 10, 2011. Result: The Rule is made absolute. Even in a murder case bail cannot be withheld as punishment. It may be allowed in appropriate cases depending upon th..Category: Criminal Law | Date: | Hits: 95
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacatÂed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......ving been established under Act VII of 1981 pursuant to Article 117 of the Constitution, with all powers to meet the petitioner's grievances, High Court Division should not be over burdened with such cases. An aggrieved person out of desperation or just taking a sportive chance may invoke the summar..Category: Administrative Law | Date: | Hits: 455
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....s from the places wherein their homesteads are situatÂed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......ts. No compensation was paid to the petitioners on preparing the compensation assessment role. 10. In all the writ petitions the Government appeared and filed affidavits-in-oppositions. 11. The case of the Government, in substance, is that some portions of the lands in question were requisitio..Category: Property Law | Date: | Hits: 89
....cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
..
Category: Administrative Law | Date: | Hits: 491
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ...... him 7(seven) days time for payment of Tk. 30,00,000/-. The petitioner replied to that notice, stating that he has lost some leaves of his cheque book and a non judicial stamp of Tk. 150/-. Hence the case. 3. On receipt of the complaint, the learned Magistrate, by the order dated 21.08.2003 took ..Category: Criminal Law | Date: | Hits: 103
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