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Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)

....inable in its present form. 6. Hence plaintiff is directed to file the suit in proper form and with proper Court. The order of the learned Munsif is short and skeptic and cannot be said to be a speaking order as it does not contain the reasoning of the Court for arriving at the finding that th......nsingh against the defendants for a declaration that the plaintiffs are the 16 annas owners of the suit property described in the Schedule of the plaint. The learned District Judge, Mymensingh by his order dated 6.11.83 transferred the suit to the Court of the learned Munsif, Fulbaria for disposal a..

Category: Procedural Law | Date: | Hits: 102

Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)

....e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......t was not in compliance with the rule 12(5) of the Rules. The election Tribunal took the view that there has been a substantial compliance with the rule and accordingly overruled the objection, by an order dated 27.9.88. Being aggrieved the petitioner has called in question the legality of the order..

Category: Election Law | Date: | Hits: 130

Kadu and others Vs. State, 1990, 19 CLC (HCD)

....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......ellants. AKM Shamsul Karim, Assistant Attorney‑ General ‑For the State. Criminal Appeal No. 265 of 1978. Judgment Md. Badruzzaman J. - This appeal is directed against the judgment and order dated 10.8.77 passed by the Additional Sessions Judge, 1st Court, Mymensingh, in Sessions Case..

Category: Criminal Law | Date: | Hits: 74

Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)

....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......ibit‑2 and also admitting the kabala in respect of .12 acres of land out of the baina land in favour of the plaintiff. In pursuance of the said compromise the plaintiff got his plaint amended by an order of the Court dated 22.7.74 claiming a decree for only .12 acres of land against the defendant ..

Category: Property Law | Date: | Hits: 64

Anwar Hossain Majhi Vs. Government of Bangla­desh & others, 1989, 18 CLC (HCD)

....allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......try into the said office. But his rival group was successful in keeping him out of the office for most of the period in connivance with the local Government machineries. Thus, it is claimed that such order of suspension ex facie cannot be sustained in law as the same does not manifest the formation ..

Category: Election Law | Date: | Hits: 121

Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)

....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......ruque, Advocates ‑ For Respondent Nos. 5‑12 & 14‑19. Writ Petition No. 141 of 1985. Judgment Naimuddin Ahmed J. - By this application under Article 102(2) of the Constitution of an order passed by the Respondent No. 1 through the Respondent No. 2, the Secretary, Ministry of Works,..

Category: Property Law | Date: | Hits: 78

Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)

....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......nance and after appearance granted bail to the petitioner; that the petitioner filed an application under section 241A of the Cr.P.C. to discharge the accused petitioner but the learned Magistrate by order dated 27.4.89 rejected the petition and framed charge against the petitioner under sections 54..

Category: Criminal Law | Date: | Hits: 69

Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)

....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......of 2010. Judgment Md. Muzammel Hossain J. - This civil petition for leave to appeal under Article 103 of the Constitution of Peoples' Republic of Bangladesh is directed against the judgment and order dated 11.10.2009 passed by a Division Bench of the High Court Division in Civil Miscellaneous ..

Category: Civil Law | Date: | Hits: 113

Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)

....ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......—For the Appellant. Momtazuddin Fakir, Additional Attorney-General instructed by B Hossain, Advocate-on-Record —For the Respondent. Criminal Appeal No. 32 of 2008. (From the Judgment and order dated 11-11-2007 passed by the High Court Division in Death Reference No. 93 of 2004 along wit..

Category: Criminal Law | Date: | Hits: 84

State Vs. Keramat Ali & another, 2010, 39 CLC (AD)

....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536....... Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondent No. 2. Not Represented—For the Respondent No. 1. Criminal Appeal No.11 of 2008. (From the judgment and order dated 2-3-2005 passed by the High Court Division in Criminal Appeal No.123 of 1989). Judgme..

Category: Criminal Law | Date: | Hits: 90

Abdul Hannan Khan (Md.) Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1990, 19 CLC (HCD)

.... exhausting all available remedies before the administrative authorities including administrative appellate authority, the. Administrative Tribunal and the Administrative Appellate Tribunal generally speaking the petitioner is not entitled to any relief before this Court for the enforcement of any F...... petitioner then requested them to provide him with the name of the complainant, the charge‑sheet, the names and addresses of the witnesses, the copy of the deposition made by the witnesses and the order of the Government, in respect of forming the Enquiry Committee against the petitioner. On 17.6..

Category: Employment/Service Law | Date: | Hits: 79

Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)

....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......an Chowdhury, Advocates ‑For the Petitioners. Not represented ‑ the State. Criminal Revision No. 231 of 1989 Judgment A M Mahmudur Rahman J. -This Rule arises out of the judgment and order passed by Assistant Sessions Judge, Munshiganj in Criminal Appeal No. 11 of 1988 confirming th..

Category: Criminal Law | Date: | Hits: 73

Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)

....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ...... Civil Revision No. 228 of 1988. Judgment Nurul Huque Bhuiyan J. - This Rule under section 115 of' the Code of Civil Procedure at the instance of plaintiff ‑petitioners calls in question the order dated 24.11.88 passed by the learned District Judge, Barisal in Miscellaneous Appeal No. 43 of..

Category: Procedural Law | Date: | Hits: 84

Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)

.... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ......, however, entitled to get back her money from the defendant bank with interest at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ..

Category: Property Law | Date: | Hits: 70

Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)

....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......ithin 3 years and also adjust the same towards rent in case of any default in payment of rent thereof. The plaintiff did not receive rent for which the defendants were compelled to send rent by money order. No notice under section 106 of the Transfer of Property Act has been served upon the defendan..

Category: Property Law | Date: | Hits: 66

Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)

....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......1978 the learned Advocate for the opposite party submits that as the matters are not the same and as the issues in the suits and the revisional applications are different this Court may not grant the order of stay as prayed for. He further submits that the decision of the House Rent Controller that ..

Category: Property Law | Date: | Hits: 66

Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)

....re the alternative remedy is in effec­tive or inadequate. References in this connection are Assistant Collector CE Chandan Nagar Vs. Dunlop India Ltd. AIR 19S5 SC 330. In that case Chimnappa Reddy J speaking for the Court stated as under: "Article 226 is not meant to short circuit or circumvent ......Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-4. Civil Appeal No.177 of 2009. (From the judgment and order dated 22-7-2008 passed by the High Court Division in Writ Petition No.5085 of 2008). Judgme..

Category: Civil Law | Date: | Hits: 113

Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)

.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......dvocates ‑For the Respondents. Writ Petition No. 1007 of 1989 Judgment Muhammad Fazlul Karim J.- This rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 6.9.88 (Annexure A) issued under the signature of the respondent No.2, the General Manag..

Category: Employment/Service Law | Date: | Hits: 88

Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)

....the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......aintiff namely, Khogendra Kumar Shil was examined‑in‑chief but unfortunately he died before he could be cross‑examined. An application was thereupon filed from the side of the petitioner for an order to have his deposition expunged as being inadmissible. The trial judge, by the impugned order ..

Category: Procedural Law | Date: | Hits: 91

Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)

....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......eneral ‑ For the Respondents. Writ Petition No.101 of 1990. Judgment Mohammad Gholam Rabbani J.- This application under Article 102 of the Constitution is directed against the judgment and order dated 7.3.89 passed by the Court of Settlement in Case No.1022 of 1987. The case was filed by ..

Category: Property Law | Date: | Hits: 73