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Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....ahmood Khan reported in 22 PLD (SC) 139 relevant page 141, 144 that "the well settled principles for the grant or refusal for temporary injunctions are, firstly, whether the plaintiff has prima facie good case, secondly, whether the balance of convenience lies in favour of the grant of the injunctio...... defendant No. 1 and Nesarul Islam as defendant No. 16 and others; that during the pendency of the suit the said Nazirul Islam died on 23.8.82 but no substitution was made to bring his legal heirs on record and instead, the Deputy Commissioner, Bogra was made a party defendant in the suit and ther......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151...Category: Procedural Law | Date: | Hits: 80
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....und to accept the recommendation of the enquiry officer, but in inflicting a higher punishment the appointing authority is expected to assign some reasons for coming to such a decision. There are good authorities for the proposition that in such a case when no reason has been given by the appo...... 12.3.85 stating that the list was prepared under the verbal direction of his superior officer Mobaidur Rahman. There was no list of freedom fighter workers in the office of the Mill. There were no records of attendance etc. The petitioner expressed his difficulty in preparing such a list without ......J.- In this Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh the respondents have been called upon to show cause as to why the order of dismissal form service as contained in Memo. No. SEC/DA/343/699/85/400 dated 20.7.86 (Annexure F) issued by the Sec..Category: Employment/Service Law | Date: | Hits: 73
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ......as he was absent on bail. 4. At the trial, the prosecution examined 6 witnesses but was not cross-examined because none appeared for the accused and he was tried in absentia. The Court after recording the testimony of the witnesses came to a finding that the prosecution had been able to p......ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ..Category: Criminal Law | Date: | Hits: 35
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....on of the relevant provision of law. Mr. Hafizullah placing reliance on section 6 of the Admiralty Court Act, 1861 submits that the claim of the cargo owners does only arise out of damage done to the goods or any part thereof by negligence or misconduct or for any breach of duty or breach of contrac......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......as to costs. 16. Service of the instrument of release through the Substitute Marshal is dispensed with and the Advocate of the defendants may serve the same at their own costs. The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advoc..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......n application for vacating the said order dated 25.3.87 on 30.3.87. The 1st Party-petitioners filed a written objection. The Chief Metropolitan Magistrate after hearing the parties and perusing the records, by his judgment and order dated 12.4.87, rejected the opposite parties' application for v......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..Category: Criminal Law | Date: | Hits: 32
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......ila Parishad by issuing Annexure "H" to the petition and in consequence thereupon declaring the said office vacant under section 14(1) (b) of the said Ordinance. 20. Before parting with the case record I cannot but note that the authority concerned should inspire themselves to see that the offi......avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...Category: Election Law | Date: | Hits: 92
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......social voluntary organisation from the premises only to induct new tenants with enhanced rent and salami.
4. On these pleading the parties fought out the suit. The Court of first instance having recorded the deposition of the witnesses and having considered the submissions made by the parties a......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103...
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ....... Case No.11 of 2006 in the court of Assistant Judge Bhuringamari, Kurigram for preemption of the schedule property made in the preemption case. 3. The case of the pre-emptor is that the land was recorded and published in S.A. Khatian No.30 and 55 in the name of Kalu Sheikh who died leaving sons......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ......present petitioner hereof, examined one witness as P.W.1 and the contesting defendant No.1 also examined one witness D.W.1. 8. The trial Court on due consideration of the materials and evidence on record and the submissions made by the learned Advocates of the contesting parties dismissed the s......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......es vide registered sale deed No. 19651 dated 21.12.1966 (4.5 decimals) and vide registered sale deed No.5126 dated 25.05.1967 (5 5/8 decimals of land) from Dhanoruddin upon mutating his name in the record of right, on the basis of which the R.S. Khatian was correctly prepared in his name and he pa......ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917...Category: Property Law | Date: | Hits: 31
Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
.... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ......ioner while Mr. Abul Kalam Mainuddin appears on behalf of the respondent. 8. We have heard the learned Advocates for both the parties and perused the impugned judgment and all other materials on record. The submission of the learned Advocate for the petitioner that the High Court Division commi...... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ..Category: Election Law | Date: | Hits: 96
Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906....... the filing of this review petition are that Rustam Ali and his wife the plaintiff-respondent No.7 are the admitted owners of the suit-land by purchase from one Abdul Ali, purchaser from the C.S. recorded tenant. The plaintiff-respondent Nos.1 to 6 are the sons and daughters of late Rustam A......n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906...Category: Property Law | Date: | Hits: 33
Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)
.... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ...... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ......ed District Judge and the learned District Judge by his order dated 13.01.2011, admitted the petition for hearing with a direction to issue notices upon the defendant nos. 1-8, fixing 18.01.2011, for service return and also for hearing of the stay matter in presence of both the parties. 5. Agains..Category: Civil Law | Date: | Hits: 91
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....e bainapatra. He also admitted that he possesses about 1½ acres of land hear the suit property. He admitted that neither Ahmed Ali Bepari or any of his heirs is a witness in the case. He stated that goods worth Taka 10,000 are stored in his shop. He refuted the suggestion put by the plaintiff that ......ments while the contesting defendant examined four witnesses, including himself, in support of their respective cases. 7. The learned Subordinate Judge on consideration of the material evidence an record was pleased by the impugned judgment dated 30-6-90 to decree the suit on contest. 8. Being......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550...Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531....... has not committed any contempt of this Court as he had no hand in the matter of publication of the final result. 12. We find substance and force in this submission. Within the four corners of the record we do not find anything which shows that the respondents No. 1 has any hand in getting the re......ction Commissioners, namely, the present contemner respondent Nos. 2 and 3, were entrusted with the duty of holding the election of the Federation in their official capacity and since they are in the service of the Republic the instant application is maintainable. The learned Advocate further submit..Category: Civil Law | Date: | Hits: 70
Syed Mahmudur Rahman alias Rumi Vs. State, 2009, 38 CLC (AD)
.... on record dismissed the appeal and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888.......him if chanda is not paid. 3. The said G.D. Entry was registered as Habigonj P.S Non F.I.R. Case No. 98 of 1999. The police then visited the place of occurrence and after examining the witnesses recorded their statements under section 161 of the Code of Criminal Procedure and after completion o...... on record dismissed the appeal and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888...Category: Criminal Law | Date: | Hits: 31
Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
....e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ...... examined correctly and appropriately under section 342 of the Code of Criminal Procedure; that the High Court Division has misread, misconstrued and misunderstood the materials and evidence on record and consequently miscomprehended the facts of the case and misapplied the law; that there i......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ..Category: Criminal Law | Date: | Hits: 40
State Vs. Masum and others, 2010, 39 CLC (AD)
....hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ......o the seizure were obtained, hence the case. 3. After investigation, police submitted a charge sheet against the appellants under section 19A and F of the Arms Act, 1878 on 14.06.2003 and the case record was sent from the learned Chief Metropolitan Magistrate to the Court of Metro Special Tribuna......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ..Category: Criminal Law | Date: | Hits: 47
Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)
.... month. The preparation of paper books is dispensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880....... month. The preparation of paper books is dispensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880....... month. The preparation of paper books is dispensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880...Category: Property Law | Date: | Hits: 52
Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)
....ng the title and possession of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.......ferred this civil petition for leave to appeal. 10. Heard the learned Advocate-on-Record and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 11. It appears that considering the facts and circumstances of the case the High Court Di......ng the title and possession of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878...Category: Family Law | Date: | Hits: 200
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