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Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......y. Criminal Miscellaneous Case No. 13459 of 2005. Judgment Md. Abu Tariq J. - This Rule is directed against an order passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal 2, Gaibandha in Nari-o-Shishu Case No. 350 of 2004 asking the accused petitioner to withdraw the civil suit...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......hysically and caused grievous injuries. The father of the victim filed the case on 13-7-2004 in Nari o-Shishu Nirjatan Daman Tribunal, Gaibandha. 3. On the other hand, the accused Rafiqul Islam as plaintiff instituted a suit on 31 10-2004 in the Court of Senior Assistant Judge, Sundarganj, Gaiban..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......This Case is also Reported in: 26 BLD (HCD) (2007) 639. ...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......ated 26-09-1992 passed by the learned Senior Assistant Judge, Sadar, Comilla, in Title Suit No.2 of 1991. 2. The facts involved for disposal of the rule are as follows: 3. The petitioner as plaintiff instituted Title Suit No.2 of 1991 in the Court of Senior Assistant Judge, Sadar Cour..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......tion) Present: Siddiqur Rahman Miah J Syed AB Mahmudul Huq J M. Manzur Ahmed……………………………………………………Appellant Vs. Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......….Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prove contract between the plaintiff and the defendant and whether th..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ......angladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs. Hindu Deity Luxmi Gobinda Jew and others .... Respondents (In both the appeals) Judgment December 8, 2005. Result: ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ......s to come. Even if a particular image be destroyed, the deity whose visible form the image continues forever and its property as the Debuttor property remains totally unaffected. ………(13) The plaintiff’s suit was not barred, the same not being brought within ninety days from the order of t..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......
Present:
Md. Abdul Aziz J
Most.
Musarraf Sultana………………………………………………………………………………………Petitioner
Vs.
Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Opposite Parties
Judgment
......med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......ult:
The Rule is made absolute.
Failure and/or frustration
of the ancillary/auxiliary relief cannot frustrate the entire suit and cannot
result into dismissal of the suit if the plaintiff is otherwise entitled to a
decree of her substantive relief…………..(17)
Cases Ref..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
....rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......y vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......ct Judge, 3 Court, Dhaka, in title Appeal No.699 of 1999 allowing an application for addition of the parties. 2. Short facts necessary for disposal of the Rule are that the Opposite Parties as plaintiff instituted Title Suit No.181 of 1997 in the Court of learned Assistant Judge, 1st additi..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ......Rashid J Md. Fazlur Rahman J Ali Imam…………………………………Petitioner Vs. Executive Engineer, Gaibandha and others……………Opposite Parties Judgment August 2......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ...... Fazlul Karim with MA Harun, Advocate‑ For the Petitioner. Md. Joynul Abedin, Advocate- For Opposite Party No.1. Civil Rule No. 375(F) of 2002. Judgment Md. Abdur Rashid J.- The plaintiff obtained the Rule upon making an application for review of the judgment and decree dated 1..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ...... Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & Telecommunications and others......Respondents Judgment August 25, 2005 Cases Referred to- Dip Narain S...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......case the defendant, under the terms of his licence, was forbidden to sell his rice to other wholesale merchants in the port on entry than those who were approved by the Collector of the District. The plaintiff who was not one of those approved dealers and was a wholesale merchant, contracted to purc..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......r as to costs. Ed. ......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......d the canal in question is being excavated in connection with the implementation of the Teesta Barrage Project Phase No. 1 in greater Rangpur and Dinajpur districts. After the filing of the suits the plaintiffs filed applications in their respective suits for temporary injunction for restraining the..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......lip;………Opposite party Judgment July 26, 2005. Result: The Rule is discharged. The Evidence Act, 1872 (Act No. I of 1872), section 35 The voter list and the Nikahnama being public documents the entries made therein have the presumption of correctnes......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......1.2001 and 2.1.2002 respectively passed by the learned Judge of the Family Court, Panchbibi in Family Suit No.36/1998 shall not be set aside. 2. Facts leading to this Rule, in short, is that the plaintiff-opposite party filed the Family Suit against the defendant-petitioner for dower and mainte..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ......;……………………………………………………Petitioner Vs. Samir Bhuiyan and others……………………………&h......he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ...... Election Tribunal Case No.1 of 2003 and declared the election for the office of Chairman of the Madabdi Pourashava held on 12‑6‑03 illegal and void. 2. Opposite party No.1, Samir Bhuiyan as plaintiff on 21‑6‑03 made an election petition against said Shafiuddin and others for declaring ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ...... 4, 2005. Result: The Rule is made absolute. Cases Referred to- Shyam Sunder Vs. State of Chhatisgors, 202 CrLJ 4315 (SC); State Vs. Punati Ramulu, AIR 1993 SC 2644; Khodeja Begum and others Vs. Md. Sadeq Sarker, 50 DLR 181; Amina Bibi alias Amena Bibi and another Vs. State, 1984......petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ...... signatures of the parties in the Kabinnama are essential for proving marriage. No amount of oral evidence can cure the deficiency and no amount of oral evidence Sufficient to prove marriage when the plaintiff fail to prove the Kabinnama according to law. 42. Kabinnama is the requirement of law..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ......te-on-Record- For the Appellant. Md. Aftab Hossain, Advocate-on-Record - For Respondent Nos. 1-2. Not represented- Respondent Nos. 3-9. Civil Appeal No. 30 of 2000. (From the judgment and order dated 15.11.1994 passed by the High Court Division in Civil Revision No. 1244 of 1987). ......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ...... Short facts are that the subject matter of the dispute is a parcel of land with a two storied building which belonged to one Rajeshwar Saha, father of defendant No. 1 and maternal uncle of the plaintiffs (respondent Nos. 1 and 2). Rajeshwar Saha made a gift of this property to his wife, Kumud..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......l Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being represented by its Vice Chancellor and others……………………………………………………………Opposite Parties ......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. .......2004 passed by the learned Senior Assistant Judge, Rajshahi Sadar in Other Class Suit No.87/2004 should not be set aside. 2. Facts giving rise to this Rule in short is that the petitioner as plaintiff instituted the suit for declaration that the appointments of 546 employees (3rd & 4th..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......………..……………….Petitioner Vs. Amita Golder………………………………………………..Opposite Party Judgment June 25, 2005. Cases Referred to- Amullya Chandra Modak petitioner vs. State, 55 DLR 160, Nelly Zaman vs. Giasuddin Khan, 34 DLR 221, Sharmin Ho......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......sed by the learned District Judge, Dhaka reversing those of the Family Court Judge and 4th Court of the Assistant Judge, Dhaka in Family Suit. Family suit was dismissed and an appeal preferred by the plaintiff was allowed and the suit was decreed. Against the said decree the plaintiff preferred Civi..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......ase is also Reported in: 57 DLR (HCD) (2005) 598. ...... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......t as provided in the State Acquisition and Tenancy Act. In the instant case the Revenue Authority had no legal authority to cancel the registered lease after about 18 years on 22‑2‑1992. The plaintiffs and their vendor were fully protected by the provisions of section 85 of the SAT Act&hell..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... ......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......orted in 2000 BLD (AD), 166 it has been held "Thus, section 7 enjoins upon the claimant before the Court of Settlement to prove that the property is not an abandoned property, in a like manner a plaintiff is to prove his case and the Government, like that of a defendant, is under no legal oblig..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......Case is also Reported in: 13 BLC (HCD) (2008) 185. ......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......C Suit No.10 of 1995 dated 11-10-1995 in the SCC Court, Rajshahi for a decree for eviction of defendant No.1 from the suit premises as mentioned in the schedule of the plaint. 3. The case of the plaintiff-petitioner is that the defendant being a furniture merchant took lease of the suit premise..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......(Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdur Rahman Faroque………………………………………Appellant Vs. Md. Shamsul Hoque and another……………………………..Respondent Judgment May 2, 2005. Result: ......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......not tenant but was in occupation of the suit premises. The defendant No.2 was impleaded in the SCC suit since he was found to be carrying on business in the premises in suit. 3. The case of the plaintiff is that premises in suit previously owned by Gyanendra Nath Basu and he rented the same to..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......; Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works........Appellant Vs. Mojibur Rahman and others ..................Respondents Judgment March 27, 2005. ...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... and others ..................Respondents Judgment March 27, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and h..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
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