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Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......he provisions of order 21 rule 29 of the code of civil procedure can not be availed of by the petitioners. The High Court Division as well as the assistant judge were quite correct in rejecting the prayer for stay……………………….(6) ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......ieces of wearing apparel of the victim were seized. He is chachato brother of the informant. PW 3 is Monowara Begum who is wife of the informant and mother of the victim. She stated that after Magrib prayer Parul came back home, at that time she was crying but when query was made Parul did not say a..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....arty who has lost in revision before the Sessions Judge under section 493A. But it must be clearly borne in mind that the jurisdiction under section 561A is not to be used as an additional or an alternative jurisdiction. The powers thereunder being extraordinary in nature should be exercised ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......tions mounted against them on presentation of three separate written statements. 7. Essence of statements embodied in three sets of written statements are: a. Suit is not maintainable without a prayer for declaration of title on suit property and, also, recovery of khas possession thereon, ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....orated in 1992, that one of the objects of the company is to carry on business of clinic and hospital, that it filed an application to the authority for the lease of the land in question or iii the alternative another specified plot for the construction of a hospital, that the authority field in......ark for the last 20/25 years; that in 1978 plaintiff approached the authority seeking lease of the said land and then again in 1981; that Chief Engineer (defendant No. 3 ) in July 1981 rejected the prayer of the plaintiff stating that the said land cannot allotted for extension of the market sinc..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
..... They were asked to act as per law and thereafter the defendants sent Taka 3600 on 23‑5‑1980 under money order but the said money orders were refused by the plaintiff Bank. Finding no other alternative the defendants deposited Taka 3600 as rent for the years 1385 and 1386 BS to the rent co......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....why he should not be committed to the civil prison.
7. It also appears in terms of Order XXI, rule 30 CPC every decree for the payment of money including a decree for the payment of money as the alternative to some other relief may be executed by the detention in the civil prison of the judgmen......the same the respondent No.2 filed Title Execution Case No.59 of 1998 paying for realisation of the decretal amount with cost, interest etc by sale of the mortgaged properties and subsequently at the prayer of the respondent No.2 the Court below attached the properties mortgaged by the petitioner an..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ...... refused. It further appears that against notice issued by RAJUK for demolishing, the suit premises, the defendant filed a suit ie Title Suit No.99 of 1999, praying for a permanent injunction and the prayer having been refused, they filed Civil Revision No.3625 of 2000 in this court and the matter w..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ......the question involved in the appeal relates to legality of the ad interim order. 9. In that view of the matter, in our opinion in the present appeal there is no scope to consider the prayer of the Respondent No. 2 to release the goods to it on payment of the customs duty and other c..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
....n the instant case, the prosecution failed to satisfy all these points inasmuch as evidence on record in no way justify the prosecution case. In view of such facts and circumstances, we find no other alternative but to hold that the prosecution has withheld some important witnesses for the reason be...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......assed therein. As soon as the Magistrate of RAJUK came to know about the order of status quo he stopped eviction as per telephonic conversation of respondent No.1. It further appears that on the prayer of the learned Advocate for the petitioner status quo in writ petition No.3500 of 2001 w..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......that if materials on record are sufficient for the disposal of the suit in that case the superior court should dispose of the same. But there may be cases, as the instant one, even though there is no prayer from the parties in the proceedings for sending the suit back to the trial court or to the lo..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... suit as plaintiffs in whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if such persons brought separate suits, any common question of law or fact would......l Court under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the written statement by inserting two paragraphs therein and upon hearing the parties the trial Court allowed the said prayer by order dated 27.5.1999. The appellant in Civil Appeal No. 439 of 2001 moved the High Cour..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ...... 2938 of 2002 under sections 180(b)/302/380/ 201/212/114/411/134 of the Penal Code in the Court of Metropolitan Session Judge, Dhaka for bail. The said Session Judge, Dhaka after hearing rejected the prayer for bail by Order No. 4 dated 5‑10‑2002. 4. The accused respondents ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....iew of the already existing practice as regards absorption of the Stewardesses appointed initially on contract basis respondents are entitled to be absorbed as permanent employees of the Corporation, alternatively the respondents are entitled to have their contract renewed till attaining 57 years of......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......t April 22, 2003. The Muslim Family Laws Ordinance, 1961 (V111 of 1961) Section 6(5) Offence under section 6(5) is not compoundable. However the appeal may be dismissed on prayer of the appellant by reducing the sentence to the extent of period of imprisonment already s..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......17th September, 1998, granted an order of ad‑interim injunction directing the parties to maintain status quo until further order. The said banking company filed written objection to the said prayer but the learned Assistant Judge after hearing the parties, by his order dated 19th October, ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......y injunction as prayed for should not be granted and also passed an order of ad interim injunction to the above effect. 5. Written objection was filed by defendant Nos.1, 2, 8 and 9 opposing the prayer for temporary injunction stating, inter alia, that the suit itself is not maintainable in its..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......pert evidence. The valuation has to be fair. The appropriate approach may be to take the most recent date for which reliable figures are available. 18. The Company Bench considered the prayer of the petitioners in the company matters for an order that their shares be purchased by th..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....ntials of the debt is that it must be a really calculable amount. On consideration of the definitions of debt and the facts and circumstances of the case the High Court Division held that it had no alternative but to hold that the gold and silver ornaments lying with the Bangladesh Bank "can......petition for succession certificate was filed earlier as Miscellaneous Case No. 203 of 1981 but the same was withdrawn with permission to sue afresh. A fresh petition was thereafter filed with the prayer to grant succession certificate. 4. One Haji Tasiruddin Shah was added as oppos..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
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