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Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....ner-appellant under Order 9, rule 13 of the Code of Civil Procedure. 2. Title Suit No. 322 of 1977 was filed by the plaintiff-respondent Nos. 1-8 against the appellant and others as defendants for partition of the partible properties in the 1st Court of Subordinate Judge, Dhaka. The suit was fixe......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
.... 115 of the Code of Civil Procedure is directed against an order dated 9.4.84 passed by the learned Subordinate Judge, 3rd Court, Dhaka accepting the written statement filed by the defendant-opposite parties in Money Suit No. 126 of 1982. 2. The petitioner as plaintiff filed the aforesaid suit on......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....fendant No.1 to operate the account in view of the death of Nur Uddin Ahmed alias N Ahmed who is also a signatory in the joint account. Section 103 of the Banking Companies Act, 1991 as quoted above, particularly sub-section (1) provides that when any person deposits any amount with the bank in the ......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ..Category: Banking Law | Date: | Hits: 122
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
.... 3 as their own money. Their further case is that defendant No.3 disregarding the instructions issued on behalf of the plaintiff by defendant No.1 retained the aforesaid Dollars. 5. The contesting parties adduced oral and documentary evidence before the trial Court and the Adalat thereafter on co......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....ding;” 14. Mr Moudud Ahmed submits that by making statements against the judicial functions of the Judges of the Supreme Court the Home Minister has violated the Rules of Procedure of Parliament particularly, Rule 270 under Chapter XXVIII of the Rules of Procedure of Parliament. Rules 270 provi......e 108 of the Constitution runs as follows: “The Supreme Court shall be a Court of record and shall have all the powers of such a Court including the power subject to law to make an order for the investigation of or punishment for any contempt of itself’. 13. He submits that under Article 7..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
.... was issued as appeared from the newspaper report published in ‘Mukta Kantha’ dated 28-12-98. The said report mentioned about grounds of detention which are vague, indefinite and lack in material particulars as to time, place and manner preventing the detenu from making an effective representati......he detenu Zabed but on refusal the accused Polash was excluded from the charge sheet of the said murder case whereupon a Naraji petition was filed and the Magistrate directed CID to undertake further investigation which has incensed the said investigating officer, and on 16-12-98 one Aliul Islam Akh..Category: Criminal Law | Date: | Hits: 106
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
.... in constituency No.129, Pirojpur-1, took place on the day of the general election to Parliament on 12-6-1996 and in the said election both appellant Sudhangshu Shekhar Haldar and the respondent took part along with other candidates Respondent No.1 having been declared appellant Mr. Sudhangshu Shekh......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ..Category: Election Law | Date: | Hits: 159
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....site Party No. 1. Md. Fazlul Haque Chowdhury, Assistant Attorney General- For the State. Criminal Miscellaneous Case No. 1145 of 2001 Judgment Md. Hamidul Haque J. - By this Rule opposite parties were called upon to show cause as to why the CR No.299 of 2000/167 of 2000 now pending in th......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ..Category: Criminal Law | Date: | Hits: 35
Abul Hossain (Md) and others Vs. State, 1999, 28 CLC (HCD)
.... in this case trial of non-cognizable offence cannot be preceded as the investigation itself in the case could not proceed without the permission or order of the Magistrate. 3. It appears that the parties were heard under section of 241 of Cr.P.C. already, by the Magistrate ignoring the submissio......ccording to the FIR, is said to have been committed under section 509 of Penal Code which is non-cognizable offence. Therefore, in this case trial of non-cognizable offence cannot be preceded as the investigation itself in the case could not proceed without the permission or order of the Magistrate..Category: Criminal Law | Date: | Hits: 34
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
.... of the Code of Civil Procedure against judgment and decree dated 14-07-98 passed by Assistant Judge, 5th Court at Dhaka in Title Suit No.127 of 1997 decreeing the suit for possession. 2. Opposite party as plaintiff instituted the suit under section 9 of the Specific Relief Act for recovery of po......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ..Category: Civil Law | Date: | Hits: 82
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....Chandpur Shomity (Abul Kashem and others) and they are threatening the people to vacate the said Basti immediately. The existence of the said Basti is well known among the government Ministries and departments including the Ministry of Public Works, Ministry of Home Affairs, Ministry of Women’s Af...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ology tendered by Ershad is no apology in the eye of law. We find that the affidavit-in-opposition filed by the contemner is inadequate in its expression of regret and remorse over the incident. In particular, we find that there is no open acknowledgment of guilt, no proper regrets and no undert......n of Criminal side is still worse. It needs all round reforms to which the government and other organs of the state should give their attention. 265. A professional prosecutor cadre, a separate investigation cadre well trained in modem detective methods and provided with modem tools for crim..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....5 published a revised place of section 5 wherein space for play ground, mosque and other civil amenities were clearly demarcated for residents of Uttara Model Town generally residents of section 5 in particular. 4. Contention of the respective petitioner in both the Rules is as to whether respond......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ..Category: Property Law | Date: | Hits: 55
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....edure against an order dated 19-11-1998 passed by Subordinate Judge 5th Court, Dhaka in Arbitration Miscellaneous Case No. 16 of 1998 by which an arbitrator was appointed by the Court for each of the parties. 2. Opposite party, the contractor, made an application under section 8(2) of the Arbitra......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
.... 5. Additional Bank Interest due to delayed shipment 51,440.00 6. Post Landing Survey charges due to delay. 18,000.00 7. Compensation to the party. 1,50,000.00 8. Loss of Business Continuity. 375000.00 ......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....dinate Judge, First Court, Brahmanbaria in Title Appeal No. 21 of 1985. By the impugned order the Appellate Court accepted the written statement filed for the first time in the appeal by the opposite parties No.1 and 2 who were originally impleaded as pro forma defendants No. 6 and 7 in suit. 2. ......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5...Category: Procedural Law | Date: | Hits: 66
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....on was granted to hold annual general meeting for the years 1988 to 1997 within 6 months from the date of drawing up of the said order. Thus it appears to us that the petitioner Nos.1 and 2 could not participate in the management of the respond No.5 company due to the aforesaid litigation. We also f......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ..Category: Banking Law | Date: | Hits: 121
....elay of 1320 days, as such the petitioner filed an application under section 5 of the Limitation Act for condonation of delay. Accordingly a Rule was issued calling upon plaintiff-respondent-opposite party to show cause as to why the delay in filing the Revisional Application should not be condoned.......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365...
Category: Procedural Law | Date: | Hits: 88
Md. Rana Vs. State, 2010, 39 CLC (AD)
....n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899.......uld recognize them by their voice and also from the light of the torch. After the incident, Asaduzzaman went to the house-of the accuseds but could not find them. Thereafter, he lodged the FIR. After investigation, the police submitted charge-sheet against the petitioner and another. The petitione..Category: Criminal Law | Date: | Hits: 39
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....ve to Appeal before this Court. 8. Mr. Md. Khurshid Alam Khan, the earned Advocate appearing on behalf of he petitioner submits that the learned fudges of the High Court Division after hearing the parties without calling the record of the case summarily rejected the application under Section 561A......the convict-petitioner made a confessional statements under Section 164 of the Code of Criminal Procedure at the instance of the police and father of the alleged victim under duress. The police after investigation submitted charge sheet against the accused persons including the convict-petitioner un..Category: Criminal Law | Date: | Hits: 56
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