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Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)

....ey of Tk. 1,20,000/- and they also handed over the original deed to the plaintiff and also hand­ed over the major portion of the suit land. Thereafter the defendants did not execute the sale deed in time in spite of repeated requests and as such the plaintiff served a legal notice through regd. pos......judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ..

Category: Property Law | Date: | Hits: 25

Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)

.... to be deposit­ed within one month. The preparation of paper books is dis­pensed with as prayed for. The petitioner is permitted to submit the necessary paper books by way of affidavit at the time of hearing of the appeal. The operation of the judgment and order dated 16.06.2008 recorded ......ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598...

Category: Property Law | Date: | Hits: 31

Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)

....5. The final decree was passed on 11.05.1989 and the maximum period of limitation i.e. 12 years passed on or before 11.05.2001 and the respondent bank knowing fully well that the execu­tion case is time barred even then pro­ceeded with execution case and the exe­cuting court by his order No.78 d...... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548...

Category: Civil Law | Date: | Hits: 73

Faustina Pereira Vs. State, 2001, 30 CLC (HCD)

....t Dhaka Central Jail we find that some of the prisoners served out their sentence in the middle of 1995. Some in 1996 and others in 1999. So, we find that some of the prisoners are in jail for a long time even after serving out their sentence. This pitiable fact was not brought to the notice of this......rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414...

Category: Constitutional Law | Date: | Hits: 123

Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)

....one of the respondents filed any affidavit in opposition to deny or challenge the facts narrated in the writ petition. However, Mr. Zaman Akter, the learned Assistant Attorney General appeared at the time of hearing. 6. Mr. M. I. Farooqui, the learned Advocate for the petitioners, submits that at......squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ..

Category: Election Law | Date: | Hits: 94

Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....ion Officer, Sadar Upazila, Kurigram to the Headmistress of Attaram Bishawar Government Primary School. 3. Mr. Md. Salahuddin Dolon, learned Advocate of this Court, who was present at the relevant time in the Court filed an application for taking appropriate action against the Upazila Education O......pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ..

Category: Constitutional Law | Date: | Hits: 201

Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)

....rder under Order 43 rule 1(d) of the Code the court below committed an error of law in allowing Miscellaneous Case No.13 of 1987 under Order 9, rule 4 of the Code. (ii) The case being filed out of time by 5 days and there being no prayer for condonation of delay and the delay having not been cond......f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284...

Category: Procedural Law | Date: | Hits: 83

Gold Topps Co. Hong Kong and others Vs. Trading Corporation of Bangladesh and Another, 2000, 29 CLC (HCD)

....he suit is liable to be dismissed. 5. On 17-7-88 the plaintiff filed an application praying for amendment of the plaint for incorporating a new claim of damage, which was allegedly left out at the time of drafting the plaint. 6. The defendants contested the aforesaid application for amendment ...... Suit No. 22 of 1987 within three months from the date of receipt of this order. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 280...

Category: Civil Law | Date: | Hits: 91

Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)

....ly not the Electoral Rolls, Rules 1982. 27. Sub-rule 5 of Rule 20 of the Electoral Rolls, Rules, 1982 states that no amendment or correction of Electoral Roll shall be made under this Rule at any time after the notice of election has been issued and before such election has been held. 28. Gri......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275...

Category: Election Law | Date: | Hits: 89

Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)

....nce and he heard hue and cry, then he went to the place of occurrence along with Babul, Hanif and Hashem and found the dead body of victim Noor Mohammad but appellant Shahjahan was not there, at that time appellant was in the house of Ali Hossain Akand. On the following morning PW 4 Jasimuddin went ......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ..

Category: Criminal Law | Date: | Hits: 38

Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)

....he plaintiff and agreed to execute and register the necessary deed of sale in favour of the plaintiff as soon as possible that the plaintiff accordingly went into possession of the suit land and from time to time offered the rest of the consideration money and demanded execution and registration of ...... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262...

Category: Civil Law | Date: | Hits: 94

Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)

.... the Court of Subordinate Judge, Noakhali where plaintiffs uncle Kali Prasanna, maternal grandmother, Niroda Sundari and the plaintiff were impleaded as defendant Nos. 1, 2 and 3 respectively. At the time of filing of the suit the plaintiffs father Han Prasanna who died on 6- 10-1984 was alive. No ...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259...

Category: Procedural Law | Date: | Hits: 85

Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)

....nd (3) the transferee has sued for partition. 10. The important question for consideration is whether the purchaser was a member of the undivided family to which the dwelling house belonged at the time of sale. 11. The object of section 4 is to enable the member of the undivided family to buy ......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256...

Category: Property Law | Date: | Hits: 113

Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)

....eading to the dispute as has been stated in the writ petition are that, the petitioner took some loan from the respondent No.2 the Uttara Bank and since the loan could not he paid within the schedule time the said case was filed at first as an ordinary money suit being No.82 of 1982 for realisation ......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254...

Category: Civil Law | Date: | Hits: 93

Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....e a panel urgently through Advisory Committee within 30 days for appointment of permanent Nikah Registrar. The date of interview was fixed on 25-10-95. But no notice was received by the petitioner in time for which he could not appear in the said examination as one Abdul Razzaque in collusion with o......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...

Category: Constitutional Law | Date: | Hits: 109

Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

.... to Taka 1,75,000.00 and then at Taka 1,90,000.00 for the next year. In the course of argument the learned DAG faintly made an attempt to support the estimation on the ground that by the lapse of the time the cost of living has gone up but the order of the DCT does not refer to that. It is pertinent...... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234...

Category: Fiscal/Taxation Law | Date: | Hits: 64

Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrashta Kallyan Samabaya Samity Dokandar & others, 2001, 30 CLC (HCD)

.... and an order is passed thereupon by the Court, such order cannot be said to have been passed behind the back of a party. 12. Mr. Khondakar Ahmed in reply points out that the plaintiff has by this time preferred an appeal against the decree which is now pending for hearing. 13. In support of t......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost. Communicate this order to the Court. Ed. This Case is also Reported in: 53 DLR (2001) 220. ..

Category: Civil Law | Date: | Hits: 84

Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)

.... dues by 12 equal monthly instilments of Taka 76,943.00 each but the opposite party failed to comply with the order of the court. Thereafter the judgment debtor opposite party prayed for extension of time for satisfying the decretal dues. Thereupon the learned Execution Court by order dated 10-4-97 ......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217...

Category: Civil Law | Date: | Hits: 92

Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)

....Appellate Court. Mr. Samad has referred to the case of Nowazrullah and another Vs. Waz Khatun and another reported in 45 DLR 279 in support of his contention wherein it was held that the court at the time of deciding a case may compare the disputed hand writing and signature with the admitted hand w......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214...

Category: Procedural Law | Date: | Hits: 90

Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

....fter the submission of the design for the foundation by the plaintiff. The original design suffered some change from the contract design. The plaintiff having failed to procure tools and machinery in time the work could not be completed by 30-9-1979 as was agreed upon. The defendant gave the plainti......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ..

Category: Civil Law | Date: | Hits: 132