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Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)

....efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ......9 the petitioner filed an application for bail before the learned Magistrate, Sylhet who fixed 21-11-1999 for hearing. On 21-11-1999 the learned Magistrate after hearing both the parties rejected the prayer for bail as well as the prayer for remand made by the State. The learned Magistrate also call..

Category: Criminal Law | Date: | Hits: 87

Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....d Buildings (Supplementary Provisions) Ordinance, 1985 in the official Gazette dated 23rd, September, 1986 in serial No. 37 at page No. 9761 (16) (Annexure-1). That now having no other efficacious or alternative remedy the petitioner has filed this writ petition. 4. Kh. Mahbub Hossain, the le......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ..

Category: Property Law | Date: | Hits: 18

Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

.... by their Board of Directors in a meeting held on 23-3-98. The contents of letter amongst others, were waiver of 100% interest and penal interest if the outstanding loan is repaid within 18 months or alternatively waiver of 75% of accumulated interest and 100% penal interest if the loan is repaid wi......he company to function smoothly. 6. The respondent No. 2 who is the main contestant has filed affidavit-in-opposition and various supplementary affidavits-in-opposition to resist the aforesaid prayers of the petitioner, and denying the allegations made in the petition the respondent No. 2 has..

Category: Business or Commercial Law | Date: | Hits: 198

Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....or eviction of the petitioners and others. 6. Thus being aggrieved the petitioners moved this Court with the writ petition for Rule restraining respondents from evicting them without providing alternative arrangement for their rehabilitation elsewhere and also to declare the Memo dated 8-4-93......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..

Category: Property Law | Date: | Hits: 60

Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)

....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ...... 4. We have heard Mr Faruque, the learned Deputy Attorney-General, representing the State. Opposing the application, the learned Deputy Attorney-General submits, inter alia, that on 8-12-1998 similar prayer for bail of the accused- petitioner has been rejected by the High Court Division in Criminal ..

Category: Criminal Law | Date: | Hits: 26

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ...... was added and in the last sentence ‘No’ was omitted due to mistake. They, therefore, prayed for adding further relief for confirmation of possession in the suit land as consequential to the main prayer for declaration of title on payment of ad valorem Court fee. Without applying its mind the ap..

Category: Property Law | Date: | Hits: 22

Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)

....om defendants No.2 to 6 before the trial Court the defendants filed an application under Order 7 rule 11 read with order 17 Rule 2 of the Code of Civil Procedure for rejection of the plaint or in the alternative for hearing the law point first. The learned Subordinate Judge by the impugned order dat......ant No.1. 6. After sale of the above land by the defendant Nos. 2 to 6 to the present defendant No.1 the self same plaintiffs No.1 to 40 again filed the present Title Suit No.42 of 1999 with a prayer for declaring the decree passed in Title Suit No.177 of 1994 illegal and invalid and that the..

Category: Property Law | Date: | Hits: 61

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....e both physically and mentally. The report has further stated that the respondents are releasing the women and children from the vagrant homes along with a sum of Tk.5,000.00 plus a sewing machine or alternatively a consolidated sum of Taka 7,000.00 but such act has resulted in a diabolical fraud of......rocess of law by producing them before the concerned Magistrate who declared some of them vagrants under the law and being satisfied were sent to the vagrant home. It has further been stated that the prayer by the woman’s mother to ascertain the whereabouts of her daughter and grand daughter were ..

Category: Constitutional Law | Date: | Hits: 264

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......the management of the writ respondent No.1 M/S Amin Agencies requested the writ respondent No.4 to allow them to handover the said land of 0.75 acre to the writ petitioner company. Later on a further prayer of the writ petitioner to get more 0.25 acre of land adjacent to the said 0.75 acre, the writ..

Category: Property Law | Date: | Hits: 33

Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)

....e, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......ithhold the payment of Government portion of the salary of the writ petitioners from 01.06.2002. The writ respondent No.2 forwarded a letter to the writ-petitioner intimating on 28.03.2006 that their prayer for releasing the Government portion of their salary could not be considered and thereby disÂ..

Category: Civil Law | Date: | Hits: 84

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ...... Second Court, in Miscellaneous Appeal No. 134 of 1999, allowing the same and reversing the judgment and order dated 20.5.1999, passed by the Senior Assistant Judge, First Court, Dhaka, rejecting the prayer for pre-emption in Pre-emption Miscellaneous Case No.80 of 1991. 2. The facts in short..

Category: Property Law | Date: | Hits: 27

Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)

....ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ......­neous case being miscellaneous case No. 69 of 1991. This miscellaneous case was rejected by an order dated 19.11.1992 on the ground that the necessary documents were not furnished in support of the prayer for restitution. 4. Thereafter, a review petition was filed on 2.1.1993 being Review M..

Category: Civil Law | Date: | Hits: 105

Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

....ng to interfere with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ......ng to interfere with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Provat Kumar Das Vs. Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another, 2009, 38 CLC (AD)

....s of Section-34 of the Artha Rin Adalat Ain, 2003 that the law provides for simple civil imprisonment of the judgment-debtor to compel to make the payment for satisfaction of the decree and is not an alternative punishment in lieu of payment of the decretal amount.  Civil imprisonment will not exem......nse, prayed for civil imprisonment of the judgment-debtor by filing an application under Section 34 of the Artha Rin Adalat Ain, 2003 and the executing court by its order dated 12.04.2004 allowed the prayer and ordered for civil imprisonment of the judgment debtors for three months, the period to be..

Category: Civil Law | Date: | Hits: 121

State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)

.... that due to the cause of pres­sure, threatening of life to the local people and the witnesses given by the accused persons no body dare to proceed towards the accused persons; that finding on other alternative, not within the knowledge of accused persons, the wife of the inform­ant, namely, Parvi......t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ..

Category: Others | Date: | Hits: 66

Md. Shamser Ali another Vs. Md. Shahajahan Ali and others, 2009, 38 CLC (AD)

....rejected up to the High Court Division with good reasons. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 343. ......ing his written state­ment in substitution of the previous state­ment which was said to have been filed by the plaintiffs by using their names. The learned Senior Assistant Judge, rejected the said prayer. The petitioner thereafter unsuccessfully moved the learned District Judge, in revision and t..

Category: Procedural Law | Date: | Hits: 92

Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)

....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......took any step calling for the volume from the office of the con­cerned Sub-Registrar. As such, the certi­fied copy of the Heba-bil-ewaz was not proved.  However, in the High Court Division, on the prayer of the defendant-petitioner the volume was called for but the same did not tally with the cer..

Category: Property Law | Date: | Hits: 19

Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)

....of the same subject mat­ter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......dingly this application for with­drawal of the suit with liberty to institute a fresh suit in respect of the same subject mat­ter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 29..

Category: Property Law | Date: | Hits: 35

Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)

....pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......t already prayed in his plaint that if it is found that the plaintiffs had been dispos­sessed from the land in suit during pen­dency of the suit, no amendment petition is necessary for deleting the prayer for confirmation of possession, and on the basis of the said prayer, as made in the plaint, a..

Category: Property Law | Date: | Hits: 26

Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)

....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......findings the Appellate Division set aside the judgments of the Courts below in part and sent back the suit on remand to the trial Court for allowing the plaintiff to amend his pleadings by adding the prayer for recovery of possession on payment of proper court fee with a direction that the trial Cou..

Category: Property Law | Date: | Hits: 20