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Md. Abdul Jabber Biswas 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...... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ...... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....the opposite party. Thereafter, the present petitioner filed an application before the District Judge, Dhaka under section 42 read with section 43 of the Arbitration Act, 2001 (the Act) with the prayer for setting aside the award. The said application was registered as Miscellaneous Case N......aka in Arbitration Miscellaneous Case No.661 of 2007 should not be set aside and or pass such other or further order or orders as to this court may seem fit and proper. 2. Short facts, necessary for disposal of this revision are that a dispute having been arisen out of two agreements dated 30.1...... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ...... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
....t contending that the suit land was never mortgaged to him and that he did not execute any deed of re-conveyance and prayed for dismissal of the suit. 4. In the said suit the plaintiff made a prayer for comparison of the defendant's signature with the signature appearing on the deed of conv......1998 should not be set aside and or pass such or further order or orders as to this Court may seem fit and proper. 2. The opposite party No.1 as plaintiff instituted Other Suit No.2 of 1998 before the learned Assistant Judge, Sitakunda imp leading the predecessor of the present petitioner a...... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ...... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....ance on un-proven allegation by the judge While deciding a case, the learned judge must not rely upon un-proven allegation. Such an act of reliance on an unproven allegation for rejecting a prayer of a party of the litigation violates all norms of age old justice delivery system prevail...... Judgment June 17, 2008. Result: The Rule is made absolute. The Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985); section 16A Condition precedent for invoking section 16A Section 16A of the Ordinance has empowered the family court to exer...... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ...... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....o the judgment of the Courts below and made the following points of argument: (i) the pre-emptor being an admitted co-sharer and having instituted the preemption case within limitation, the prayer seeking amendment of the plaint before the appellate Court allowing him to make deposit of th......d under section 96 of the State Acquisition and Tenancy Act, should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that admittedly the pre-emptor being a co-sharer sought pre-emption aga......ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....st the objection from respondent No.3, the petitioner on 9.9.2007 submitted another objection to respondent No.2. Hearing the objection, respondent No.3 assured the petitioner of consideration of his prayer after obtaining a report from the concerned officers about the existence of the vast vacant a......8 and 3071 are disposed of. Cases Referred to- M. A. Salam Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms and Others, (2001) 6 MLR (AD) 184; Noel Gregory Mendes Vs. Deputy Commissioner, Chittagong and......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....s. Abdul Muhib and others……………… Opposite Parties Judgment May 28, 2008. Result: The Rule is made absolute. In considering an application or a prayer made by a party the court will see the contents of the application and it can give a relief ......er or further order or orders as to this Court may seem fit and proper. 2. Opposite party’s No. 1-6 as plaintiffs filed the said Suit in the Court of Subordinate Judge, 2nd Court, Sylhet for partition imp leading the present petitioner as defendant No. 1 along with others. It appears t......rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ......rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
....ore and after liberation of Bangladesh, they are citizens of this country by birth and otherwise and they are therefore entitled to be enrolled in the electoral rolls and registered as voters. On the prayer dated 05-02-76 of Mrs. Rajibun Nessa, mother of petitioner No. 2 and 6 and grandmother of pet...... in number obtained the above Rule as residents of Football Ground Camp at Mirpur excepting petitioner No. 3, resident of Non-local Relief Camp at Mirpur.
3. Their common case, in short, is that before and after creation of Pakistan on 14 August 1947, the ancestors of the petitioners as well as o......a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
......a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....e defendants along with the bailiff asked the plaintiffs to hand over vacant possession of the suit property to them and the same was continuing. 4. By amending the plaint 2 (two) prayers were added being prayers ka(1) and ka(2). The prayers are as under: (a) for a declarati......t Judge, 2nd Court, Dhaka in Title Suit No.59 of 1994 decreeing the suit. 2. Respondent Nos.1 and 2 as plaintiffs filed the said title suit in the Court of Joint District Judge, 2nd Court, Dhaka for declaration of title to the suit land on the averments, interalia, that the land of C.S. kh......s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)
....udge, Habigonj, within two weeks. Accordingly, they surrendered on 29-06-2006 but the learned Session Judge by the order dated 03-07-2006 in Criminal Miscellaneous Case No.416 of 2006 rejected the prayer for bail in respect of the petitioners but however granted bail to other two accused. Therea......st Class, Cognizance Court No.3, Habigonj. At the time of issuance of Rule the petitioners namely 1. Abdul Alim alias Chuttu and 2. Alim Miah alias Md. Abdul Halim were enlarged on ad-interim bail for a period of three months directing to furnish bail bonds to the satisfaction of concerned autho......ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ......ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ..Category: Criminal Law | Date: 13 May, 2008 | Hits: 9
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....that the suit for realisation of loan has already been abated according to the provision of section 17(1)(2) of the Artha Rin Adalat Ain, 2003. Plaintiff-respondent No.4 filed an application with a prayer to exempt the plaintiff to produce the documents. The application under section 17(1)(2) of t......n Adalat Ain, 2003 and also exempting the plaintiff in filing the documents. 3. The respondent No.4, Bank filed Other Class Suit No.59 of 1989. Subsequently, renumbered as 40 of 2004 now pending before the Artha Rin Adalat, Natore. 4. Short facts of the case of the plaintiff-respondent No.4 ......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....suit filed by the plaintiff was not maintainable as the plaintiff was a worker and had remedy before the Labor Court and the suit is hit by section 42 of the Specific Relief Act in the absence of any prayer for consequential relief. In support of his contention the learned Advocate has referred a de......or action complained of as in the present case. Civil Courts always can assume jurisdiction to consider the malafides action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because negative declaration has been sought that can be no ground to ho......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
.... of 0.32
Bore bullets before the officer-in-charge of Kotwali Police Station at Chittagong
and the officer in-charge seized them by making GD Entry No.219 dated 04.05.02.
4. Earlier, on the
prayer of the petitioner for renewal of the license on 09.01.01 the Deputy
Commissioner expressed h......
Result:
The Rule is made
absolute.
The Arms Act, 1878 (Act No. IX of 1878);
section 26
Deputy Commissioner or Officer-in-charge
of a police station is not government for the purpose of cancellation of arms license
Failure to deposit the arms
only, even wit...... ammunition to the petitioner within a period of seven days of receipt of
this order, positively.
Communicate at
once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 624.
...... ammunition to the petitioner within a period of seven days of receipt of
this order, positively.
Communicate at
once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 624.
..
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....the trial Court as such committed an error occasioning failure of justice which is liable to be interfered by this Court. The learned Counsel finally submits that the suit for a declaration without a prayer for consequential relief the suit for declaration of title is not maintainable which is hit b......3.6.2004 respectively passed by the learned Senior Assistant Judge, Narayanganj in Title Suit No.106 of 2001 should not be set aside. 2. The plaintiffs-appellant-petitioner instituted a title suit for declaration of decree of the Title suit being No.9 of 1998 as null and void and not binding upon......Court at the time of issuance of 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: 30 BLD (HCD) (2010) 300. ......Court at the time of issuance of 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: 30 BLD (HCD) (2010) 300. ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
....f the construction-cost for personal supervision on the basis of PWD schedule rates and guidelines? 13. It appears from the first appellate order that learned Commissioner (appeals) rejected the prayer for acceptance of the construction-costs as declared. But he set aside the estimate of the De......lip;…Applicant Vs. Oriental Real Estate Ltd…………………Respondent Judgment February 18, 2008 Result: The question formulated for determination answered in the negative for the revenue and against the asse...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....s:- i) Whether the case is maintainable in its present form and forum. ii) Whose custody will cause the most welfare for the said minor. iii) Whether the petitioner can get the relief as per prayer or any other relief in a different way. 7. Both the parties adduced evidence both oral as ......h will be of paramount consideration. A mother who is married to a stranger losses her preferential right of custody over a minor child but that will not totally exclude her from being considered fit for guardianship if she is otherwise held on a consideration of all circumstances in a particular ca......wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....ion upon the plaintiffs to produce the documents which they relied upon in the plaint in support of their case. The learned Subordinate Judge by his order of the same date (5-8-1997) allowed the said prayer and directed the plaintiffs to produce the original documents on 7-10-1997 as well as for fil......………………..Petitioner Vs. Md. Zahed Chowdhury (Paban)......................Opposite Parties Judgment January 28, 2008. Result: The Rule is made absolute. Before a Court of law no party should receive any special treatment, and if such kind of treatment i......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......been deprived of his right to submit any effective representation against his detention and explain his position.………………………………..(14 & 16) Cautions should be taken before an order of detention is made The Special Powers Act of 1974 being a special law provi......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ...... taking part in any prejudicial Act in future specifically mentioned under section 2(f) of the Special Powers Act 1974. But in the instant case it appears that most of the grounds supplied to the detenue are vague and indefinite. On perusal of the grounds in the case in hand it appears that se..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
...., the petitioner has challenged the legality of Order No. 29 dated 4-10-2004 (Annexure-G) passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Rin Suit No.32 of 2004 rejecting the prayer of the petitioner for disposal of the aforesaid suit by applying the provisions of section 47......lenged the legality of Order No. 29 dated 4-10-2004 (Annexure-G) passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Rin Suit No.32 of 2004 rejecting the prayer of the petitioner for disposal of the aforesaid suit by applying the provisions of section 47 of the Artha Rin Adalat ......ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ......ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
.... upon the failure of the Opposite Party No.5 agent in coming forward to pay the balance decretal amount in spite of the receipt of the Summons of this Court in connection with the Execution Case. The prayer in the application is for the issuance of a show cause notice upon the Opposite Party No.5 as...... For the Opposite Party Nos.1-3. Execution Case No.02 of 2005. Judgment Syed Refaat Ahmed J.- This Execution Case arises out of Admiralty Suit No.37 of 1999 that was filed on 21.3.1999 for recovery of the outstanding payment of a bunker bill for an amount of Tk. 19,70,000.00, includin......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
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