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....ble.
9. Feeling dissatisfied, defendants as petitioners invoked this Courts Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure and obtained present Rule.
10. Petitioners by way of a supplementary affidavit dated 3 1-7-2000 raised contention that......costs.
The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183...
Category: Limitation Law | Date: | Hits: 152
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....09.2006 and being aggrieved there-against the plaintiff preferred Civil Revision No.4698 of 2006 and the defendant also filed another revision case being Civil Revision No.4699 of 2006 and both the Rules issued in the revision cases were heard and disposed of by the impugned judgment and order dat......in support of their respective claims. The parties also filed documents marked exhibits. 6. The High Court Division appears to have discussed the evidence on record in detail and made the rule absolute setting aside the decree passed by the Courts below and remanded the case for decision by t..Category: Property Law | Date: | Hits: 79
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....1-7. Civil Petition for Leave to Appeal No. 2045 of 2009. (From the judgment and order dated 12-8-2006 passed by the High Court Division in First Miscellaneous Appeal No. 401 of 2008 with Civil Rule No. 675 (FM) of 2008). Judgment Md. Abdul Matin J.- This petition for leave to appeal i...... measurement of 533.33 sq yards on "further verification of measurement of the plot" vide memo No. 4233/DCS dated 7-6-1979. 13. By way of the aforesaid four registered sale deeds the plaintiff got absolute and -/16/-annas ownership of the said plot subject to the terms of the lease deed and he mu..Category: Property Law | Date: | Hits: 44
Anti-Corruption Commission and others Vs. Md. Obaidul Karim and others, 2010, 39 CLC (AD)
....isonment for 2 (two) years more. But on his application, the High Court Division in spite of the petitioner being a fugitive passed the following order on 4-12-2008: "At the time of hearing of the Rule, Mr. Shamsuddin Chowdhury appearing with Ms Saira Firoz, the learned Advocate for the petitione......1 is directed to surrender before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 159. ..Category: Anti-Corruption Laws | Date: | Hits: 266
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
.... J. - This Petition for Leave to Appeal is directed against the judgment and order dated the 29th day of July, 2008 passed by the High Court Division in Civil Revision No.2447 of 2000 discharging the Rule and affirming those dated 24.03.1999 passed by the Subordinate Judge, 1st Court of Zilla Joypur......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ..Category: Property Law | Date: | Hits: 28
Sree Jibon Sharma Vs. Sreemoti Subasini Sharma and another, 2010, 39 CLC (AD)
....im J.- This Petition for Leave to Appeal is directed against the judgment and order dated the 19th day of July, 2009 passed by the High Court Division in Civil Revision No.733 of 2006 discharging the Rule and affirming those dated 23.11.2005 passed by the District Judge, Jamalpur in Family Appeal No...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ..Category: Family Law | Date: | Hits: 182
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
.... two Advocate Commissioners in their local inspections. 10. Dr. Rafiqur Rahman argues that if the respondents have violated the order of injunction, the remedy of the appellant lies under Order 39 Rule 2(3) of the Code of Civil Procedure but the plaintiff-appellant instead of resorting to the sai......ng aggrieved by the said order moved the High Court Division in Civil Revision No. 1221 of 1999. A Single Bench of the High Court Division by judgment and order dated 24th March, 2002 made the rule absolute and set aside those of the Courts below on the reasoning that admittedly the respondents ra..Category: Property Law | Date: | Hits: 84
....the people, i.e. people's sovereignty and to "ensure for the people of Bangladesh equality", human dignity and social justice. Correspondingly, the Preamble of the Constitution pledges to secure "the Rule of law", fundamental human rights and freedom, equality and justice, political and economic and......ant to clause (3) of Article 56 and the Chief Justice pursuant to clause (1) of Article 95, the President shall act in accordance with the advice of the Prime Minister, that is, in other words, it is absolutely within the jurisdiction of the Prime Minister to advise the President regarding the eleva..
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....0 and my learned Brother Justice Chowdhury now sitting with me was a party in that judgment wherein the grievance of the petitioner of that Case of similar nature was negative and turned down and the Rule was discharged. It is also of much importance for the present purpose that the petitioner did n......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ..Category: Business or Commercial Law | Date: | Hits: 204
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
.... Md. Serajul Islam Bhuiyan, Advocate—For the Petitioners. AS Md. Ramzan Khan, Advocate—For the Opposite Parties. Civil Revision No. 555 of 1992. Judgment Bijan Kumar Das J.- This Rule is directed against the judgment and order dated 12-11-1991 passed by the Subordinate Judge, 2n......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ..Category: Property Law | Date: | Hits: 31
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......on is affected if such confessional statement is retracted as soon as possible or within a reasonable time from the date of recording the same. Further, in a Case of confessional statement it is- not absolute that the confessor must retract his statement only through filing an application. He can al..Category: Criminal Law | Date: | Hits: 27
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....t defendants 1-4 who are plaintiffs 2-4 of the subsequent Title Suit No. 116 of 1999 entered appearance on 10-5-99 and filed written objection and also filed a separate application under Order 39, Rule 4 read with section 151 of the Code of Civil Procedure praying for setting aside/vacating the ......s admitted in presence of the learned Advocate Mr. Zakir Hossain an application was filed before the learned Subordinate Judge through Mr. Zakir Hossain, Advocate for making the ad interim injunction absolute, as according to the respondents there is no order of stay and the appellants have not file..Category: Business or Commercial Law | Date: | Hits: 207
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....State………. Opposite Party Judgment January 28, 2001. Lawyers Involved: M Faruq, Deputy Attorney-General — For the State. Criminal Miscellaneous (Suo Moto) Rule No. 110 of 2001. Judgment SK Sinha J. - This Suo Moto Rule was issued calling up......ervations made above, so that they shall take appropriate steps for production of witnesses in Court at the time of trial of the Cases investigated by them. 16. In the result, the Rule is made absolute. Mr. Qamrul Islam, learned public prosecutor is hereby relieved of the responsibility as pu..Category: Criminal Law | Date: | Hits: 189
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
....laintiff respectively. Judgment and decree is dated 13-10-1996. 8. Feeling dissatisfied First defendant as petitioner approached this Court in this Civil Revision petition and obtained present Rule. 9. Mr. Mohammad Ali Khan, learned Advocate appeared for the defendant-petitioner. Plain...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....ocates have submitted that the principles enunciated by their Lordships in the aforesaid Cases are fully applicable in the instant Case and the instant statement is very much contemptuous for which a Rule should be issued. 5. The learned Attorney General, Mr Mahmudul Islam appeared in this ma......raying for issuance of Rule. Further, Mr. Mainul Hosein, Mr. Rafique-ul Huq and Mr. Moudud Ahmed have just brought the impugned statement to the notice of the Court in the form of applications. It is absolutely up to the Court to consider as to whether a Rule for contempt of Court should be issued o..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....e- For the Petitioner Faziul Haque Choudhury, Assistant Attorney- General—For the State. Criminal Miscellaneous Case No.6858 of 2000. Judgment Md. Hamidul Haque J.- By this Rule, opposite parties were called upon to show cause as to why the detenu Miss Momota Karmaker now ......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ..Category: Criminal Law | Date: | Hits: 33
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
....earing will determine the outcome of the proceeding under Order 41, rule 19 CPC.” But here in the present Case, the appellate Court has given no consideration on this very vital point of the Rule and gave no finding whether there was any sufficient cause which prevented the appellant from a......which was filed by the plaintiff-appellant before the appellate Court below along with his application under rule 19 of Order 41 of the Code explaining the delay. Unfortunately, the impugned order is absolutely silent about this petition under section 5 of the Limitation Act which was filed by the a..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....For Respondent Nos.4-7. AM Aminuddin, Assistant Attorney-General — For Respondent Nos.1 and 2-3. Writ Petition No.2918 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule nisi was issued calling upon the respondents to show cause as to why the order being No.43 date......this Court under section 561A of the Code of Criminal Procedure for quashing the said Special Tribunal Case. Eventually, a Division Bench of Court by Judgment and Order dated 27-11-1997 made the Rule absolute in the said Criminal Miscellaneous Case and the proceeding of Special Tribunal Case No.348 ..Category: Criminal Law | Date: | Hits: 101
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
.... if the plaintiff does not appear when it is taken up for hearing, unless the defendant admits the plaintiffs claim or part thereof. For such nonappearance of the plaintiff to prosecute his suit, the Rule provides, the Court shall make an order that the suit be dismissed”. The defendants in this C......তে বিরত থাকিয়াছেন।” The learned Assistant Judge thereby imputed improper conduct unbecoming of a lawyer on the part of the petitioner. 11. If the Rule is made absolute this may well serve the purpose of the petitioner, but will cause injustice to the plaintif..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....ry, Deputy Attorney-General with Naima Haider, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 5612 of 2000. Judgment Md. Abdul Wahhab Miah J. - This Rule has arisen out of an application filed by the petitioner under section 498 of the Code of Crimi......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ..Category: Criminal Law | Date: | Hits: 87
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