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Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....n money in the Court at the time of filing of the suit but since the plaintiff did not deposit the same the plaint was liable to be rejected. 4. The plaintiff filed a written objection against the prayer for rejection of the plaint contending, inter alia, that the agreement in question was execut......on under Order 7, Rule 11 of the Code of Civil Procedure should not be set aside and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus:- The opposite party, as plaintiff, filed a suit ......ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ......ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
.... of the Republic executed and registered a lease deed dated 22.02.1982 leasing out said land to the four allottees for 99 years. All four allottees also signed the deed as second party. Then on joint prayer of the said four allottees, the Rajdhani Unnayan Kartipakkha (RAJUK) accorded an approval to ......n-Record-For Respondent No. 4. A. Y. Moshiuzzaman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-Respondent Nos. 1-2. Not represented-Respondent Nos. 3, 5-7. Civil Petition for Leave Appeal No. 1460 of 2008. (From the judgment and order dated 13.07.2008 passed by the ......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
.... plaintiff-appellants in that appeal prayed for dispensing with the service of notices upon the respondent Nos.4-62, as they did not contest the suit, whereupon the learned District Judge allowed the prayer on the same date. Thereafter the defendant Nos.1-4 as respondent Nos.1-4 together with the pl...... why the judgment and order dated 16.2.2005 passed in Miscellaneous Case No.9 of 2004 (under Order 41 Rule 21 of the Code of Civil Procedure) by the learned District Judge, Sylhet upon an application for rehearing of Title Appeal No.218 of 2002 should not be set aside and/or pass such other or furth......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....on Case No. 20 dated 26-7-2008 under sections 7/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereinafter Ain. 2000), then pending before the learned Chief Judicial Magistrate, Narayanganj with a prayer for ad interim bail. It deserves mention here that the other Division Bench of this Court gra......No. 6945 of 2008 is allowed. Ad interim bail in Nari-o-Shishu case In a Nari-o-Shishu case, the victim is not an accused and thus the question of her release or custody was not a matter for determination under section 498 of the Code. Not being an accused charged with commission of any......er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ......er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....t No.2, Registrar of Bangladesh Supreme Court, praying for re-consideration of the earlier decision of the General Administration Committee. Annexure-N(8) manifest that the said re-consideration prayer was further placed before the General Administration Committee in its meeting on 03.2.20......fficial gazette, by implementing the order of withdrawal of suspension of the petitioner dated 26.4.2003 (Annexure-J) along with Memo No.218 dated 26.4.2004 (Annexure N-(9) by placing the same before the General Administration Committee (G.A. Committee) as per rule 3(d)(16) of the High Court Di......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
....lication under Order XLVII, rule 1 of the Code of Civil Procedure being
Miscellaneous Case No. 127 of 1985 for review of said order dated 12-11-85. By
an order dated 28-5- 86 the Court allowed said prayer for review and decreed
the suit ex parte, behind the back of
the deity. He further learnt t......an
order dated 1-6-08 passed by the District Judge at Dhaka in Title Appeal No.
140 of 2008, which dismissed the appeal upon rejection of the application made
under section 5 of the Limitation Act for condonation of delay and affirmed the
ex parte decree dated 29-5-86.
2. Case of the petiti......pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
......pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....f Rule upon the Chittagong Port Authority or its officers whereas the respondent No.2 caused their appearance in the instant writ petition; that the High Court Division erred in not allowing the prayer of the appellant for time to amend the prayer portion of the petition of inclusion of the nam......-6-1985 both days inclusive though no crane service was provided to the appellant. On the representation of the appellant by circular No.113 of 85 dated 8-6-1985 Chittagong Port Authority informed all concerned that no hire charges be realized would be refunded to the respective port user ......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
....him within the given time of seven days and later on 9-10-2008 he prayed to the respondent No. 2 for extension of time to submit his wealth statement and the respondent No. 2 accordingly, allowed his prayer vide memo No. দুদক/২২০-২০০৭ (অনুঃ২) ৯৫৭৫ dated 24-10-......GR Case No. 44 of 2008 now pending in the Special Judge Court No. 6, Sher-e-Bangla Nagar, Dhaka should not be declared to be without lawful authority and is of no legal effect. 2. Facts relevant for disposal of the Rule, in brief, are that the petitioner was arrested by Rapid Action Battalion-1...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....ross-examined by the accused-petitioner. At this stage the accused petitioner came to this Court and filed this Criminal Miscellaneous Case under section 561A of the Code of Criminal Procedure with a prayer to quash the entire proceedings pending before the Special Judge, Court No. 10, Dhaka on the ......the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
....mistry and E.N.T. through the impugned advertisement.
The learned Deputy Attorney General Mr. Razik Al-Jalil and Mr. Md. Bodruddoza the learned Advocate appearing for respondent No.5 opposed the prayer for stay.
Let the power filed by Mr. Md. Bodruddoza on behalf of the respondent no. 5 be......1980)
Bangladesh Civil Service Recruitment Rules, 1981
উপরোক্ত আইনের প্রস্তাবনা নিুরূপঃ
“..............to provide for the constitution of a Medical and Dental Council, for regulating registration of medical practit......রতিবেদন দাখিল করিবেন।
বিচারপতি মোঃ আবু তারিক.-আমি একমত।
Ed.
This Case is also Reported in:
......রতিবেদন দাখিল করিবেন।
বিচারপতি মোঃ আবু তারিক.-আমি একমত।
Ed.
This Case is also Reported in:
..
Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3
Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....mistry and E.N.T. through the impugned advertisement. The learned Deputy Attorney General Mr. Razik Al-Jalil and Mr. Md. Bodruddoza the learned Advocate appearing for respondent No.5 opposed the prayer for stay. Let the power filed by Mr. Md. Bodruddoza on behalf of the respondent no. 5 be...... “Let a Rule Nisi issue calling upon the Respondents to show cause, why S.R.O. No. 211-Ain/2005/SoMo(Bidhi-5)-31/04 dated 7.7.2005 (Annexure-A) amending the provisions regarding qualifications for the post of Professor and Associate Professor under the Bangladesh Civil Service (Health Cadre) ......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ..Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167
....tion to the petitioner to the post of Deputy Director by relaxing his educational qualification and in considering his merit-cum-seniority as per Service Rules, 1982. But without considering the said prayer of the petitioner the Board sent a letter to the respondent No. 1 on 26-6-2004 to give decisi......- This Rule at the instance of the petitioner Khabiruddin Ahmed is directed against the respondents to show cause as to why the action of the respondents in not considering the case of the petitioner for promotion should not be declared to have been taken without any lawful authority and is of no le......ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 689.
......ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 689.
..
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....a Begum and (3) Md. Abu Bakar as defendants for realisation of loan of Taka 4,17,507 along with interest thereon @ 12.50% per annum till realisation of decretal dues, stating, inter alia, that on the prayer of defendant No. 1, the bank sanctioned loan of a sum of Taka 1,00,000 in favour of defendant......of the principal debtor is co-extensive with that of the guarantor or mortgagor. The creditor is at liberty to pursue either the principal debtor or guarantor or mortgagor according to his sweet will for realization of his dues or he can proceed against both of them simultaneously. Moreover, the lia......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
Ziad Ali Gazi (Md.) Vs. State, 2008, 37 CLC (HCD)
....al Case No. 152 of 2008 arising out of GR No. 77 of 2008 (Kali) corresponding to Kaligonj Police Station Case No. 4 dated 7-6-2008, under section 25B(b) of the Special Powers Act, 1974, rejecting the prayer for bail of the accused-appellant now pending before the Special Tribunal No. 3, Satkhira for...... No. 152 of 2008 arising out of GR No. 77 of 2008 (Kali) corresponding to Kaligonj Police Station Case No. 4 dated 7-6-2008, under section 25B(b) of the Special Powers Act, 1974, rejecting the prayer for bail of the accused-appellant now pending before the Special Tribunal No. 3, Satkhira for trial....... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ...... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ..Category: Criminal Law | Date: 28 Oct, 2008 | Hits: 27
....given that they are not at all connected with the alleged causes of action and
that there is, in fact, no private of contract between the plaintiff and the
said defendants in either case. It is the prayer, therefore of the said
defendants in each Application that their names are accordingly liabl......
Judgment
Syed
Refaat Ahmed J. -
These are two Applications filed on behalf of the defendant Nos. 1 and 2 in
both cases under Order I, rule 10 (2) of the Code of Civil Procedure
("Code") for striking out the names of the defendant Nos. 1 and 2
from each of the plaints in the two Suits.......endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ......endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... days. On 11-10-2000, pursuant to a memo dated 10-10-2000 of the Ministry of Home Affairs, the Officer-in-charge Begumgonj Police Station, Noakhali prayed for seven days' remand of the detenu and the prayer was allowed. The order dated 16-10-2000 shows that the confessional statement of the detenu w......e Nisi was issued calling upon the respondents to show cause as to why the detenu Md. Belial Hossain, son of Farid Miah alias Sabid Miah now detained at Noakhali District Jail should not be brought before this Court so that this Court may satisfy itself that he is not being held in custody without l......ias Sabid Miah, of Village Miapur, PS Sonaimuri, District Noakhali be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 843. ......ias Sabid Miah, of Village Miapur, PS Sonaimuri, District Noakhali be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 843. ..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
.... saving his life as there is no chance of early disposal of the appeal. 8. Mrs. Rona Naharin, the learned Assistant Attorney General appearing on behalf of the respondent State opposing the prayer for bail submits that the accused-appellant is being provided with proper treatment by the J......lant Vs. The State and another…………………………………………………………………Respondents Judgment August 6, 2008. Result: The application for bail is allowed. The Appellate Division in the case of ACC Vs. Barrister Mir Md. ......od of 4(four) months to the satisfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ......od of 4(four) months to the satisfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
....titioner being sole plaintiff instituted the suit for permanent injunction in the Court of Senior Assistant Judge, 5th Court, Sadar, Chittagong on 19.11.1992 being Other Suit No.3 of 1995 with a prayer for permanent injunction and the restrain to defendants from entering into the suit property ......y passed by the learned Senior Assistant Judge, 5th Court, Sadar, Chittagong in Other Suit No.121 of 1992 should not be set aside.
2. The petitioner being sole plaintiff instituted the suit for permanent injunction in the Court of Senior Assistant Judge, 5th Court, Sadar, Chittagong on 19....... time of issuance of the rule is hereby vacated.
The lower courts record be sent down at once with a copy of the judgment.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 135.
...... time of issuance of the rule is hereby vacated.
The lower courts record be sent down at once with a copy of the judgment.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 135.
..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....tated in the F.I.R. that Arifa was 10 years old. The learned Magistrate, upon perusing the F.I.R. and the forwarding of the Investigating Officer, sent Arifa and Ripon to jail custody. Subsequently a prayer was made for their bail, which was opposed by the prosecution and rejected by the learned Mag......urts as well as the other state departments, functionaries and agencies dealing with children, to keep in mind that the best interests of the child (accused or otherwise) must be considered first and foremost in dealing with all aspects concerning that child. 2. The parents of the children who ar......2.04.08 an application for bail was filed, which was kept for hearing on 23.04.08. In such situation section 49(2) of the Act, 1974 is applicable, which provides as follows: “49. (2) A Court, on remanding for trial a child who is not released on bail, shall order him to be detained in a re......y the Department of Social Services. With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....ucting residence therein, and thus the preemption proceeding is not maintainable. 5. After hearing the parties, the learned Assistant Judge by his judgment and order dated 10.11.2002 allowed the prayer for preemption. On appeal the said judgment and order of the learned Assistant Judge was affi......ite party Nos.1-3 as preemptors filed the Preemption Miscellaneous Case No.33 of 2000 under section 96 of the State Acquisition and Tenancy Act in the court of the learned Assistant Judge, Patuakhali for preemption. 3. The claim of the preemptors is in brief that they are co-shares by inheritan......er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
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