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Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......has been enjoying the suit property by leasing it out on rental basis. The suit is not maintainable in its present form. The suit is barred by section 42 of the Specific Relief Act and also barred by order VII rule 11(d) of the Code of Civil Procedure. The suit property has been leased out by the Go..

Category: Property Law | Date: | Hits: 81

Govt. of People's Re­public of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)

....s to be seen in the con­text of the enactment under construction, what precise meaning the legislative authority in­tended to convey by the word 'government'. We find, 'government' may mean broadly speaking two concepts, as a system of govern­ing; or a body of persons authorised to ad­minister t......sec­tion 491 of the Code of Criminal Procedure filed by the Respondent challenging the leg­ality of his continued detention. The app­lication of the Respondent was accepted by the Court and he was ordered to be set at li­berty by on order dated 14-3-1974. 2. The Attorney-General moved a petiÂ..

Category: Criminal Law | Date: | Hits: 63

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

.... ''.............................The categories of contempt are so manifold that it is not possible to attempt an exhaustive classification of what may or may not constitute a contempt, but generally speaking any conduct that tends to bring the administration of law by a Court into disrespect or to ......le 108 of the Constitution, a Rule was issued calling upon the contemners-respondents to show cause as to why they should not be proceeded against for contempt of Court for violating the Judgment and order dated 26-8-2003 passed by the High Court Division in Writ Petition Nos.7127, 4560 and 4702 of ..

Category: Criminal Law | Date: | Hits: 83

Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)

.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......ted against the Judgment and Order dated 19.11.1990 passed by the learned Additional District Judge, Kushtia in Miscellaneous Appeal No.84 of 1987 dismissing the appeal and modifying the judgment and order dated 31-1-1987 passed in Miscellaneous Case No.597 of 1974 by the Assistant Judge, Additional..

Category: Property Law | Date: | Hits: 70

Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)

.... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ......nt Judge for declaration of his title against Md. Mabed Ali Sarkar and others in respect of the land appertaining to aforesaid CS Khatians. In OC Suit No.45 of 1994. Learned Assistant Judge passed an order on 17-3-94 directing the parties to maintain status quo in respect of the suit land. In spite ..

Category: Property Law | Date: | Hits: 75

Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)

....to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......il Revision No. 380 of 2003. Judgment Md Abdur Rashid J. - Brother and mother obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 19‑1‑03 passed by Joint District Judge, Court No. 1 at Moulvibazar in Succession Cas..

Category: Property Law | Date: | Hits: 69

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......he Waqf Administrator for supplementary list of the Engineer Obaidul Islam Waqf Estate, being EC No. 16392. After death of his father, the Waqf Administrator however, rejected the applications by his order dated 7‑7‑97, Exhibit 12. 16. He also stated that his father purchased half of the suit..

Category: Property Law | Date: | Hits: 85

Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)

....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......i Bank.....................Petitioner Vs. Mahbubul Amin & others..........................Opposite Parties Judgment February 20, 1989. Result: The Rule is discharged. The stay order granted staying the Execution Case is vacated. The Execution Case will proceed in accordance..

Category: Procedural Law | Date: | Hits: 74

Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......of 1986. Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application made un­der sections 435 and 439 of the Code of Criminal Procedure and is directed against the judgment and order dated 30.8.86 passed by the Additional Sessions-Judge, 3rd Court, Dhaka in Criminal Appeal No...

Category: Criminal Law | Date: | Hits: 95

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....e accused appellant the same is barred under section 24 of the Evidence Act and he relied in the case of State Vs. Balshri Das Sutradhar reported in 13 DLR 289 where it has been held that gener­ally speaking a "person in authority" within the meaning of section 24 of the Evidence Act is one who is ......nal Case No. 217/86, arising out of Cantonment P.S. Case No. 46(5) 86 in the Court of Judge, Smuggling Tribunal, Dhaka). Judgment Mahmudul Amin Chowdhury J.- This appeal is directed against the order of conviction and sentence passed by Mr. Sheikh Rezwan Ali, Special Tribunal constituted under..

Category: Criminal Law | Date: | Hits: 87

Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)

....l is allowed with costs and the judgment and decree of the lower appel­late Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......6.1971 at time in lump. The deposit of rent in the office of the Controller protects a tenant only where the deposit is made on the refusal of the landlord to accept the rent remitted by postal money order within a fortnight of the date on which rent so remitted is returned to the tenants by the pos..

Category: Property Law | Date: | Hits: 66

Secretary, Bangladesh Jute Corporation & another Vs. The Chairman, Second La­bour Court & another, 1989, 18 CLC (HCD)

....9.8.82. We, therefore, find no ground for interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 265. ...... Petition No. 471 of 1986. Judgment Mustafa Kamal J.- This Rule Nisi ob­tained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complaint C..

Category: Labour and Industrial Law | Date: | Hits: 166

Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ....... 431 of 2003. Judgment Mir Hashmat Ali J. - This Rule under sections 115(1) of the Code of Civil Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 8‑1‑2003 passed by the learned Additional District Judge, 3rd Court, Kishoregonj in ..

Category: Property Law | Date: | Hits: 62

Basiran Bewa Vs. State, 2004, 33 CLC (HCD)

....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......Rule was issued at the instance of accused‑petitioner Basiran Bewa on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the order dated 26‑2‑2003 passed by the Sessions Judge, Tangail in Sessions Case No. 32 of 2003 dire..

Category: Criminal Law | Date: | Hits: 81

Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)

....the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140....... Abdul Wahab Miah with M Enayetur Rahim, Advocates - For the Opposite Parties. Civil Revision No. 821 of 1996. Judgment Syed Amirul Islam J.- This Rule is directed against the judgment and order dated 12.2.96 passed by the learned Assistant Judge, Laksam Thana Assistant Judge’s Court at..

Category: Procedural Law | Date: | Hits: 67

Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)

....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......d the learned Advocates and perused the application. We are passing the detailed judgment as under: In this matter Rule was issued calling upon the respondents to show cause as to why the impugned order vide Annexure-1 issued by the government should not be declared to have been made and or passe..

Category: Administrative Law | Date: | Hits: 183

Binode Bihari Ghose Vs. Assistant Custodian, Vested and Non-Resident Property and others, 1998, 27 CLC (HCD)

.... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134.......-6-79 and 2-8-79, he is not entitled to the relief sought for in his suit for declaration of title. 21. Section 31 of the Specific Relief Act deals with the rectification of instruments. 22. In order to obtain rectification under section 31 it must be proved that it was though a mutual mistake..

Category: Property Law | Date: | Hits: 56

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......dvocates - For the Respondent No.1. Md. Asadullah, Advocate - For the Respondent No.9. First Miscellaneous Appeal No.15 of 1996. Judgment AM Mahmudur Rahman J.- This Appeal is against the order of attachment before judgment dated November 27, 1995 passed by the learned Subordinate Judge,..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......Rule has been issued at the instance of the defendant‑petitioners on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite parties to show cause as to why the order dated 20‑10‑03 passed by the learned Additional District Judge, 2nd Court, Dinajpur in Mis..

Category: Civil Law | Date: | Hits: 74

Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)

....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......oner. No one ‑ For the Opposite Party. Civil Revision No. 1757 of 2001 Judgment Gour Gopal Saha J. - This Rule is directed Subordinate Judge rightly found that the plaintiff against the order dated 10‑1‑2001 passed in had done works beyond the tender, which the Miscellaneous Case N..

Category: Criminal Law | Date: | Hits: 82