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Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
.... of dismissal dated 24-2-1987 recorded in Miscellaneous Case No. 4(A) of 1986. 8. Feeling dissatisfied plaintiff petitioner approached this Court in this Civil Revision Petition and obtained this Rule. 9. The basic grounds pressed into service in Civil Revision Petition are hereunder: (i) ......uired to throw in limini misconceived and fraudulent and frivolous petitions. 22. Resultantly, this Rule arising out of Civil Revision Petition got merit and the same, thus, succeeds. Rule is made absolute. The order under challenge dated 24-5-1987 recorded in Miscellaneous Case No.13 of 1987 und..Category: Procedural Law | Date: | Hits: 83
Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)
....l Karim, Advocate — For the Petitioner. Md. Mustafa, Assistant Attorney-General — For the Opposite Parties. Criminal Revision No.1211 of 1993. Judgment Md. Hamidul Haque J. - By this Rule, the opposite parties were called upon to show cause as to why the proceedings of Criminal Case......are no elements of the offence under sections 406 and 420 of the Penal Code and, as such, continuation of a proceeding will be an abuse of the process of the court. In the result, the Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistra..Category: Criminal Law | Date: | Hits: 39
....Gupta with Sucharita Sen Gupta, Advocates—For the Petitioners.
Md. Imam Ali, Advocate—For the Opposite Parties.
Civil Revision No. 4673 of 1991.
Judgment
Gour Gopal Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in M......f the case and the law regulating amendment of the plaint The impugned order is thus found illegal and arbitrary and the same has occasioned failure of justice.
13. In the result, the Rule is made absolute on contest with cost, which is assessed at Taka 2,000,00 only. The impugned order dated 20-..
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....tion, the successful candidate i.e. Elected Chairman as petitioner invoked this Court’s Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure whereupon Rule was issued calling upon the opposite party No.1 to show cause as to why judgment and order date......endment or correction of voter list was made on 9-12-1997 and since the correction or exclusion of the voter list occurred after the election schedule had been declared, exclusion of 555 voters, was, absolutely illegal and without jurisdiction and by this result of election has been materially affec..Category: Election Law | Date: | Hits: 89
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....e Ahmed with Gazi Md. Mohsin, Advocates—For the Petitioner. Shahabuddin Ahmad, Advocate—For the Opposite Parties. Civil Revision No. 8839 of 1991. Judgment ABM Khairul Haque J.- This Rule under section 115 of the Code Civil Procedure was issued at the instance of the plaintiff-petit......e entire evidence on record adduced on behalf of the defendant No.1, it appears that the story of taking loan by the defendant No.1 from Khalilur Rahman Raj by keeping a stamp paper of Taka 150.00 is absolutely a myth. 13. The defendant No.1 himself, as DW 1, deposed that he sold his 0.57 acres o..Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
....13. Lawyers Involved: Nikhilesh Dutta, Advocate —For the Petitioner Not represented- the Opposite parties. Civil Revision No. 2314 of 1992. Judgment Syed Mahmud Hossain J.- This Rule is directed against order Nos.28 and 29 dated 24-6-1992 and 6-7-1992 respectively by the learne......s call for interference by this Court so far as they relate to comparison by the Handwriting /Fingerprint Expert with the registered sale deed dated 23-10-1983. 22. In the result, the Rule is made absolute and the impugned orders dated 24-6-1992 and 6-7-1992 as well as the order dated 14-7-1992 s..Category: Procedural Law | Date: | Hits: 85
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....ty, Advocates—For the Petitioner. Kh. Mahbubuddin Ahmed with MA Azim Khair Advocates—For the Opposite Party No. 1. Civil Revision No. 733 of 1998. Judgment Md. Joynul Abedin J.- This Rule at the instance of the petitioner calls in question the judgment and dated 25-11-1997 passed by......ve pardah and privacy while enjoying her portion of the dwelling-house as a member of the undivided family within the meaning of section 4 of the Partition Act. 16. In the result, the Rule is made absolute and the impugned judgment and order dated 25-11-1997 passed by the learned Subordinate Judg..Category: Property Law | Date: | Hits: 113
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....etition No. 850 of 1999 and Writ Petition Nos. 1660, 3423, 3823, 3029, 3312, 3214, 3945, 3326, 3622 of 1998 and Writ Petition No. 4946 of 1997. Judgment Md. Fazlul Karim J. - These Rules are taken up for hearing together and disposed of by the Single Judgment as the common questio......uch interest has been secured although the right of the petitioners to exercise his function by the orders impugned has been narrowed down. Dr Hossain says that such reduction is not and cannot be an absolute deprivation of the right of the petitioner. In my opinion the legislature is to secure bene..Category: Constitutional Law | Date: | Hits: 109
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
....Lawyers Involved: AF Hassan Arif Advocate—For the Petitioner. Syed Ziaul Karim, Advocate—For the Opposite Parties. Civil Revision No. 274 of 2000. Judgment Md. Awlad Ali J.- This Rule arose out of interlocutory injunction order and is directed against the Judgment and order date......ed on 15-2-1998 and on the said date in the absence of the defendants the learned Assistant Judge allowed the prayer for injunction and an order of ad interim injunction passed on 27-11-1997 was made absolute with a finding that there is prima facie and arguable case in favour of the plaintiff. 5..Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
.... Mozammel Huq, Advocate- For the Opposite Party No. 2. AKM Zahirul Haque Assistant Attorney- General—For the State. Criminal Revision No. 717 of 1999. Judgment Md. Abdul Aziz J.- This Rule was issued on an application under section 439 of the Code of Criminal Procedure read with sect......order does not make the aggrieved person entitled to bring any proceeding before the superior Court under section 439 of the Code since the provision of sub-section (4) of section 439 of the Code has absolutely debarred him from bringing such application. 11. Mr. Nazrul Islam Talukder, the learne..Category: Criminal Law | Date: | Hits: 40
....ner
Khondakar Mahbubuddjn Ahmed with Subrata Chowdhury, BA Rashid, Promila Biswas, Advocates—For the Opposite Parties.
Civil Revision Nos. 58, 125 of 2001
Judgment
Abdur Rashid J.- The Rule in Civil Revision Case No.58 of 2001 was on 21-01-2001 obtained by added defendant No. 4 agains......harged. Order dated 04-01-2001 adding defendants Nos. 4 and 5 is hereby confirmed. Stay granted at the time of issue of the Rule is vacated.
27. Other Rule in Civil Revision No. 58 of 2001 is made absolute. The impugned ad-interim order of injunction in mandatory form dated 29-11-2000 is hereby s..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
....00. Judgment Amirul Kabir Chowdhury J. - On the basis of a news item published in the Daily Star dated 11-1- 2001 in the heading of “Four-year-old boy charge-sheeted in Criminal Case” this Rule was issued calling upon the Deputy Commissioner Nilphamari to show cause as to why the aforesai......first information report, charge sheet, the applications and order sheet of the learned Magistrate. He candidly submits that on perusal of the first information report itself it appears that there is absolutely no allegation against accused Labu Mia. He then submits that the informant did not mentio..Category: Criminal Law | Date: | Hits: 101
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....er 50 DLR 333. Lawyers Involved: MA Tariq, Advocate — For the Petitioner Not represented—the Opposite Party. Civil Revision No.4338 of 1997. Judgment Gour Gopal Saha J. - This Rule is directed against the order dated 18-9-97 passed by the Subordinate Judge and Artha Rin Adala......e the inherent power of the court under section 151 of the Code of Civil Procedure for preventing an abuse of the process of the court and an apparent injustice. 10. In the result the Rule is made absolute without any order as to costs and the impugned order dated 18-9-97 passed by the learned Su..Category: Civil Law | Date: | Hits: 92
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....d: MA Samad, Advocate—For the Petitioners. Garib Newaz with Maksuda Akhter, Advocates—For the Opposite Parties. Civil Revision No. 2376 of 1998. Judgment Md. Abdul Matin J.- This Rule is directed against order No.19 dated 24-5-1998 passed by the Additional Subordinate Judge, Dha......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
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
....dvocate—For the Complainant Opposite Party. Md. Mustafa, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 1836 of 2000. Judgment Md. Hamidul Haque J. - By this Rule, opposite parties were called upon to show cause as to why the proceedings of CR Case No. 315 (......n of complaint itself does not disclose any offence under sections 406 and 420 of the Penal Code and, as such, the proceeding in question is liable to be quashed. 8. In the result the Rule is made absolute. The proceeding of CR No. 315 (ka) 99 (TR No.172/99) pending in the Court of Magistrate ‘..Category: Criminal Law | Date: | Hits: 42
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
....9. Lawyers Involved: Md. Shamsul Huda, Advocate—For the Petitioner. Not represented—the Opposite Parties. Civil Revision No. 4532 of 1997. Judgment Mahfuzur Rahman J.- This Rule is directed against an order passed by District Judge, Faridpur on 17-11-97 in Miscellaneous Ap......t Judge without at all considering this aspect of the matter allowed the appeal on the date fixed for admission of the appeal without giving any chance to the plaintiff to contest the appeal which is absolutely illegal and against the provision of law in this regard occasioning serious failure of ju..Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....he said witnesses merely because they were related to the deceased and that they were not supported by independent and disinterested witnesses. 23. Review as contemplated under the provisions of Rule 1 of Order XXVI of the Supreme Court of Bangladesh (Appellant Division) Rules, 1988 is mainta......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ..Category: Criminal Law | Date: | Hits: 57
Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)
....with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518...Category: Property Law | Date: | Hits: 23
Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)
.... Md. Abdul Matin J.- This petition for leave to appeal is directed against the judgment and order dated 24.07.2008 passed by the High Court Division in Civil Revision No.5392 of 2001 discharging the Rule and affirming the judgment and decree dated 14.08.2001 passed by the learned Additional Distric...... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513...Category: Property Law | Date: | Hits: 28
Abdun Noor Vs. Abdul Kabir and others, 2010, 39 CLC (AD)
....blic of Bangladesh is directed against the judgment and order dated the 28th day of August and the 15th October, 2008 passed by the High Court Division in Civil Revision No. 2489 of 2004 making the Rule absolute setting aside those dated 14.10.2003 passed by the learned Additional District Judge, ......of Bangladesh is directed against the judgment and order dated the 28th day of August and the 15th October, 2008 passed by the High Court Division in Civil Revision No. 2489 of 2004 making the Rule absolute setting aside those dated 14.10.2003 passed by the learned Additional District Judge, 1st C..Category: Property Law | Date: | Hits: 45
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