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Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....se, why the proceedings of Chittagong Kotwali PS Case No. 49(11) 2001 dated 21‑11‑2001 now pending in the Court of the Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. Facts relevant for disposal of the above Rule, in brief, are that Mr. Mohammad Ali, Managing Director, M/S......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ......gar……………Accused‑Petitioner Vs. State, represented by the Deputy Commissioner………………Opposite Parties Judgment August 7, 2002. Case Referred To- Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990 BLD (AD) 168. Lawyers Involved: Abdul Matin K......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ..Category: Civil Law | Date: | Hits: 83
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
.... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75....... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......se is also Reported in: 52 DLR (HCD) (2000) 75.......d if the plaintiff fails to repay the installments in due time he will be bound to repay the entire amount to the bank and the plaintiff accepted the proposal of the bank by putting signatures in the documents and it was stipulated that the 1st instalment was to be paid in June 1985. Their further c..Category: Civil Law | Date: | Hits: 72
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......arned Assistant Attorney-General appearing for the respondent No. 3. 8. The learned Advocate for the petitioners has taken us through the writ petition, affidavit in opposition and other connected papers. 9. It is undisputed that the land in between Road Nos. 3 and 4 of Block A, Section 12, M...... Case is also Reported in: 55 DLR (2003) 1. ...... the petitioner No. 10 is a lessee of residential building at plot No. 112, Road 4, Block A. The petitioner Nos. 2‑9 are lessess under the respondent Government for their respective plots under the documents of lease similar to Annexure A. 3. It is stated that the Town Improvement Act 1963 prov..Category: Environmental Law | Date: | Hits: 259
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
.... of the Code of Civil Procedure is directed against an order passed by District Judge, Magura in Title Appeal No.52 of 1996 rejecting the application for withdrawal of the case. 2. The short facts relevant are that, the petitioner being plaintiff instituted the Title Suit No.10 of 1991 in the Cou...... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ......al Saha J Sk Abul Kashem…………………..Petitioner Vs. Abdus Samad Biswas…………………Opposite Party Judgment May 11, 1999. Case Referred To- Md. Badaruddin Moral and others Vs. Santosh Kumar Sen and others, 41 DLR (AD) 156. Lawyers Involved: Nitai Roy Ch...... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ..Category: Property Law | Date: | Hits: 30
....f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......hased the same from Begun Nessa Bibi and owing and possessing the suit land. It further appears that the Court of Settlement in dismissing the case No.1084 of 1992 held after the consideration of the papers filed by the office of the Deputy Commissioner and also the documents of the petitioners that......so Reported in: 52 DLR (HCD) (2000) 67.......uit land. It further appears that the Court of Settlement in dismissing the case No.1084 of 1992 held after the consideration of the papers filed by the office of the Deputy Commissioner and also the documents of the petitioners that the case house is not abandoned house and that the case house orig..
Category: Property Law | Date: | Hits: 28
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....to the Supplementary Affidavit-in-Opposition filed on behalf of the respondent No. 1 PSC. The petitioner No. 3 already submitted a certificate issued to him by the appropriate authority, which at the relevant time was certified by the Muktijoddha Sangshad stating that he was the son of a Muktijoddha......foresaid 292 examinees along with other qualified examinees including the petitioners fixing 23-3-2001 for preliminary objective examination. Thereafter, the respondent PSC published in the daily newspapers the regisÂtration numbers of the successful candidates in the written examinations. The resu...... Ed. This Case is also Reported in: 59 DLR (2007) 182. ......ations. The final checking /scrutiny is done after the Viva-Voce Examination. Paragraph Nos. 11 and 12 of the written instructions supplied to the candidates with their application Forms provide what documents they are required to submit with their application Forms. and paragraph No.23 provides tha..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178....... are neither the owners nor the affected family, as such, they cannot claim allotment of residential plots as the right to allotment will depend on the internal policy of RAJUK. After scrutiny of the papers and documents some application were found to be genuine affected persons and they have alread......and). Ed. This Case is also Reported in: 59 DLR (2007) 178.......r the owners nor the affected family, as such, they cannot claim allotment of residential plots as the right to allotment will depend on the internal policy of RAJUK. After scrutiny of the papers and documents some application were found to be genuine affected persons and they have already been allo..Category: Property Law | Date: | Hits: 34
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......ur……………………..Opposite-Parties Judgment February 15, 2007. Result: The Rule is made absolute Right to easement If a pathway is used for egress and ingress from his (her) land by anybody for more than twenty years as an easement, nobody or auth......ort of his case, the plaintiff examined three witnesses including him while defendant No. 5 examined one as his caretaker. Defendant Nos. 1 and 2, however, ultimately did not examine any witness. The documents adduced by the plaintiff were marked Exhibits 1 to 3. But no paper was produced on behalf ..Category: Property Law | Date: | Hits: 30
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ......ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ......s Case is also Reported in: 59 DLR (2007) 173. ......ners. He further submits that the Court of Settlement erred in law and acted most illegally and mala fide in not considering the materials on record as well as the possession of the case properly and documents in respect of the bona fide transfer of the property and thereupon, the impugned judgment ..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......inst him. He submitted his reply on 3-6-1990. The defendant No.6, the Vice-President of the Bank, by a letter dated 23-6-1990 illegally asked him to appear before him at Khulna with all the necessary papers and documents for the purpose of enquiry. He on receipt of such notice informed the defendant......rt High Court Division (Civil Revisional Jurisdiction) Present: AKM Fazlur Rahman J AVP, Uttara Bank Ltd. ............Petitioner Vs. Shahabuddin Khan and others...………Opposite-Parties Judgment June 27, 2006. Cases Referred T......e submitted his reply on 3-6-1990. The defendant No.6, the Vice-President of the Bank, by a letter dated 23-6-1990 illegally asked him to appear before him at Khulna with all the necessary papers and documents for the purpose of enquiry. He on receipt of such notice informed the defendant No. 6 that..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....nt-petitioner and Mr. Feroz Shah, the learned Assistant Attorney-General appearing for the plaintiff-appellant-opposite party No. 1 (Government) and perused the impugned judgment and decree and/other relevant papers filed along with the revisional application and IC Records. 7. The burning is......oner and Mr. Feroz Shah, the learned Assistant Attorney-General appearing for the plaintiff-appellant-opposite party No. 1 (Government) and perused the impugned judgment and decree and/other relevant papers filed along with the revisional application and IC Records. 7. The burning issues to b......Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Torab Ali (Md) …………………..Petitioner Vs. Government of the People's Republic of Bangladesh and Others……………Opposite-Parties Judgment January 10, 2005. Case Refer......p to contest the case in spite of service of notices on him and accordingly, on 23-6-72 the Court took up the case for disposal, examined PW 1 Torab Ali, considered the report of the CO (Rev) and the documents marked Exhibits 1 and 2 and the petitioner having made out the case the Court allowed the ..Category: Property Law | Date: | Hits: 32
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....5-1976. It appears from the outturn report of the Chittagong Port Authority dated 18-5-1977 that 37 bales of raw cotton were also subsequently delivered in loose and damaged condition. 15. The relevant Rule 6 of Article 3 runs as follows: "Unless notice of loss of damage and the genera......icularly the trial Court decreed the suit in favour of the defendant-plaintiff No. 2. 10. None appears for the plaintiff-respondent No. 2 (defendant No. 4). 11. We have gone through the papers and documents and records of the case and considered the submission of both the learned Advoc......diction) Present: Mir Hashmat Ali J Md. Fazlur Rahman J Continental Traders………………..Defendant-Appellant Vs. Bangladesh Textile Mills Corporation and others……………..Respondents Judgment November 9, 2006. Cases Referre......e trial Court decreed the suit in favour of the defendant-plaintiff No. 2. 10. None appears for the plaintiff-respondent No. 2 (defendant No. 4). 11. We have gone through the papers and documents and records of the case and considered the submission of both the learned Advocates of the..Category: Civil Law | Date: | Hits: 87
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....cations and by-laws mentioned in Article 152 of the Constitution. This list is not exhaustive because delegated legislation may appear under other name also. However, the term "notification" which is relevant for disposal of the present Rule, may be of two kinds. Most government orders are notified ......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......rt High Court Division (Special Original Jurisdiction) Present: MH Haider J Farah Mahbub J Mirzaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged w......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
.... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ......, the Election Tribunal fixed 8-5Â-2004 for arguments. 5. Then, it appears that on 15-9-2004 the petitioner made an application for calling the election materials for recounting of the ballot papers of Ward No. 4. The Election Tribunal heard the application and allowed on the view that recou......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Abul Kalam (Md.).............Petitioner Vs. Md. Habuluddin and others…………Opposite-Parties Judgment February 19, 2007. Cases Refer...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ..Category: Election Law | Date: | Hits: 99
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ...... suo moto in the absence of proper evidence and materials, the High Court Division ought to have interfered with the ex parte decree. 8. We have heard the learned counsel and pursued the connected papers including the impugned judgment. We do not find any substance in the points raised. The High ......nstructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.1, 3-10. Civil Petition for Leave to Appeal No. 1101 of 2009. (From the judgment and order dated 20.04.2009 passed by the High Court Division in Writ Petition No.10926 of 2006.) ...... per terms of the sanction letter of the loan, a Power of Attorney was executed in favour of the Bank for mortgaging the same. The respondent Nos. 4-6 (defendant Nos. 2-4) also executed all necessary documents in favour of the bank as a security for repayment of the loan including personal guarantee..Category: Civil Law | Date: | Hits: 78
....ations with those three specific channels (Annexure 'Q' to the Supplementary Affidavit dated 14-12-2006). That licence proactively also subjected the petitioner licensee to compliance with all future relevant law and guideÂlines. Incidentally, with the legislative development on 24-9-2006 manifeste......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......cation under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondent to show cause as to why the respondent should not be direct to grant/issue a "No Objection Certificate" and give registration in favour of the petitioner to allow the petitioner to broadcast, import progr......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131...
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
.... Parties reported in 37 DLR 154. 14. In order to resolve the bone of contention about the impleading or otherwise of the recorded tenants of the Khatian, it will be profitable to recapitulate the relevant provisions of section 24 of the Non Agricultural Tenancy Act, Sub-section (1) of section 24......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......ce. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..Category: Property Law | Date: | Hits: 39
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
....Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......perty he cannot be ousted by the other co-sharer till the suit property has not been partitioned by the Advocate Commissioner by metes and bounds. We have perused the impugned judgment and the papers submitted by both the parties and find that the plaintiff mortgaged 17.5 decimal of land in t......¦â€¦Appellants Vs. Md. Rezaul Hoque Patwary & others …………………….Respondents Judgment July 17, 2006. Cases Referred To- Abul Kalam Engineer and another vs. Nasiruddin Howlader and others 54 DLR 515; Ali Ahmed vs. Rezia Begum and others 1986......Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ..Category: Property Law | Date: | Hits: 46
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
.... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98.......the plaintiff entitled to get preliminary decree and cither reliefs as prayed for? 8. In support of her case, the plaintiff got 3 witnesses examined while defendant examined 5(five) witnesses. The papers and documents produced by the plaintiff are marked Exhibits 1 to 7, while those of the defend...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: S Rahman Miah J SM Ziaul Karim J Nurjahan Begum………………....Petitioner Vs. Nur Rahman and others……… Opposite Parties Judgment August 28, 2006. Result: The Rule is disch......ff entitled to get preliminary decree and cither reliefs as prayed for? 8. In support of her case, the plaintiff got 3 witnesses examined while defendant examined 5(five) witnesses. The papers and documents produced by the plaintiff are marked Exhibits 1 to 7, while those of the defendant are mar..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....ed that confessional statement of the accused. In his examination-in-chief, he stated that he recorded the statement of the accused under section 164 of the Code on 19-11-1999 having followed all the relevant procedures. He identified his signatures on the confessional statement and stated that the ......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. .................................. Petitioners Vs. Md. Roushan Mondal @ Hashem ……………..Condemned Prisoner Appellant Judgment July 9, 2006. Cases Referred To- Bangladesh Legal Aid and Services Trust and another vs. Bangladesh & others 7 BLC 85 = 2002 BLD 206; Md. Shamim vs. S......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ..Category: Criminal Law | Date: | Hits: 167
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