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Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)
....J. - This petition for leave to appeal is directed against the judgment and order dated 06.01.2009 passed by the High Court Division in Writ Petition No.7729 of 2008 discharging the Rule. 2. The facts, in short, are that the respondent No.2-Bank as plaintiff instituted Title Suit No.270 of 19......ammel Hossain J Surendra Kumar Sinha J Md. Abdur Rouf ……………..........Petitioner Vs. The Judge of Artha Rin Adalat No.1, Dhaka, Judge Court Compound, P.S. Kotwali, District-Dhaka and others .....................Respondents Judgment March 18, 2010. Lawyers Involved: ...... 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
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....d Civil Revision No.5651 of 2007, setting aside the judgment and decree passed by the District Judge, Dhaka and upholding the decree for declaration, passed by the Assistant Judge, Dhamrai. 2. The facts of the case, in brief, are that the respondent No.1 herein, being the attorney of the owner, H...... VII ADC (2010) 545.......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545...Category: Property Law | Date: | Hits: 21
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541.......eported in: VII ADC (2010) 541.......record, was competent to come to a decision of its own without sending back the suit on remand to the trial Court and that remand orders are not be made as a matter of course when there is sufficient evidence on record and in the instants case judgment of the trial Court is well reasoned and based o..Category: Civil Law | Date: | Hits: 72
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....nts resulting in deprivation of their right to be voters under the laws the petitioners have moved this court. 5. None 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 Genera...... This Case is also Reported in: 55 DLR (HCD) (2003) 318. ......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
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....ave to appeal is against the Order dated 08.12.2009, granting ad-interim bail to the respondent No.1 and directing the respondent Nos.2 to 14 to surrender before the Sessions Judge, Pabna. 2. The facts leading to the filing of this petition are that one Md. Mokhlesur Rahman lodged an FIR on 27.1...... Shah Abu Nayeem Mominur Rahman J A.B.M. Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The State. .......... Petitioner. Vs. Zakaria Pintu alias Md. Zakaria Pintu and others. ...... Respondents. Judgment June 6, 2010. Lawyers Involved: Ekramul Haque,......nvestigation is the precondition for ensuring dispensation of justice. Mainly for that purpose, when there is allegations of serious offence, bail is generally refused, in order to avoid tempering of evidence so that the police may collect evidence from the witnesses, who may otherwise be afraid of ..Category: Criminal Law | Date: | Hits: 68
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....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.......53 DLR (2001) 284.......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
Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)
....re called upon to show cause as to why the proceedings of Criminal Case No. 301 of 1990 now pending in the court of Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. The relevant facts are as follows: The above case arose on the basis of a petition of complaint filed by the o......gh Court Division (Criminal Revisional Jurisdiction) Present: Md. Hamidul Haque J Md. Hassan Ameen J Abdul Rouf (Md.) alias Nayan………………….. Petitioner Vs. State and another……. Opposite Parties Judgment July 15, 1999. Lawyers Involved: Syed Zi...... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283...Category: Criminal Law | Date: | Hits: 39
.... dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question.
2. Short facts relevant for the purpose of the case are that, opposite party No.1 as plaintiff instituted a s...... also Reported in: 53 DLR (2001) 280....... 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)
....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.......sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......after declaration of election schedule without the permission of Election Commission, Electoral Roll or voter list could not be corrected or revised, Election Appellate Judge found that there were no evidence to show that exclusion of 555 voters had been done under the direction of Election Commissi..Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....ment for 2(two) months more, mainly on the grounds, among others, that the impugned Judgment and order of conviction dated 14-9-92 are improper, unjustified and bad in law, that the FIR described the facts and commission of murder by some unknown persons and the accused appellant himself narrated th......7; State Vs. Lalu Miah 1987 ILD (AD) 212; Hazrat Ali Vs. State 42 DLR 177; Nannu Gazi Vs. Awlad Hossain 43 DLR (AD) 63; Salauddin Vs. State 32 DLR 227; State Vs. Abdur Rashid 35 DLR 195; State Vs. Purandhar Roy Joydhar 31 DLR 312; Nowsher Mi Sarder Vs. State 39 DLR (AD) 194. Lawyers Involved:......mmission of murder and, as such, the disputed confession cannot be the legal basis for conviction and sentence of the appellant, that there is no eye-witness in the case and there is no corroborative evidence as to the circumstances, the prosecution witnesses gave discrepant evidence during the exam..Category: Criminal Law | Date: | Hits: 38
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....nt Nos. 3 and 4 on different dates in 1975 and 1976 purported to sell the suit lands to them they appear to be simply paper transactions and were never acted upon. This conclusion is fortified by the facts that although the defendant No. 1 stated in his deposition about sale of 0.57 acres to the def......3 DLR (2001) 262....... story of taking loan on deposit of a stamp paper with Khalil Raj was disbelieved, that the defendant No.1 also failed to prove that the plaintiff had stolen the stamp paper, that on consideration of evidence on record, both oral and documentary, the learned Munsif found that the bainapatra Exhibit ..Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts. Such persons are called experts.” “73. In order to ascertain whether a signature, writ......rd immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......s supplied) 16. In the case of Krushna Chandra Vs. Commissioner of Endowment reported in AIR 1976 Orissa 52 it was held by a Division Bench that before invoking section 73 of the Act there must be evidence before the Court that a thumb impression was that of a party to the litigation to be compar..Category: Procedural Law | Date: | Hits: 85
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....-parte on 25-10-1990 in Artha Rin Case No. 55 of 1990 and the proceedings of that case should not be declared to have been made without any lawful authority and is of no legal effect. 2. The short facts leading to the dispute as has been stated in the writ petition are that, the petitioner took s...... (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Khademul Islam Chowdhury J Star Medical Store………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…….Respondents Judgment January 18, 2001. Cases Referred To- Hazi Joynal A......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)
....98 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 question of law and facts are involved. 2. The petitioner in Writ Petition No.2419 of 1998 has impugned Memo No.375 J...... Division (Special Original Jurisdiction) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Fazlur Rahman & 38 others……..Petitioners Vs. Government of Bangladesh and others…………….Respondents Judgment March 22, 1999. Cases Referred To- Kazi......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)
....—For the Applicants. Dabiruddin Ahmed, Deputy Attorney General—For the Respondent. Reference Application Nos. 31 and 32 of 1998. Judgment Syed Amirul Islam J. - As common question of facts and law are involved in these two reference applications and the parties being same they are h......is also Reported in: 53 DLR (2001) 234.......in these years the assessee spent fabulous amount or incurred new family expenses. In that view of the matter we fail to understand on what basis the figure was raised by the DCT and on what material evidence. In consideration of these facts and circumstances of the Case it appears that the Tribunal..Category: Fiscal/Taxation Law | Date: | Hits: 64
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......in: 53 DLR (2001) 232....... Assistant Judge, Second Court, Narayanganj by judgment and order dated 24-6-1992 allowed pre-emption Miscellaneous Case. In allowing the Case learned Senior Assistant Judge as trial Judge considered evidence both oral and documentary and other materials brought on record and recorded decision that ..Category: Property Law | Date: | Hits: 23
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
....tion 86 of the Ordinance but the plaintiffs without following that provision filed the instant suit which is not maintainable 9. Mr. Syed Ziaul Karim, the learned Advocate relying on the aforesaid facts, has submitted that since the defendants were elected as members of the committee on 29-11-199......DLR (2001) 229....... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229...Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
.... PS Case No.2 dated 12-6-98 corresponding to GR Case No. 116 of 1998 under sections 147/148/323/3 326/302/34 of the Penal Code rejecting the petition filed on behalf of the informant. 2. The short facts of the case are that one Md Mojiruddin as informant lodged a first information report with Har......z J Mariam Begum…………….Accused-Petitioner Vs. State & another…………………..Opposite Parties Judgment November 7, 2000. Cases Referred To- Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 35 DLR (AD) 127, 3 BLD (AD) 279; Sher Ali (Md) and ......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226...Category: Criminal Law | Date: | Hits: 40
.... in possession of the suit land since lease. But on 22-05-2000 the miscreants with the help of the police dispossessed the from the suit land.
6. On the same date i.e. 29-11-2000 stating the above facts and circumstances, the plaintiff made and moved an application under Order 39 rules 1 and 2 re......ourt.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......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)
....Judge and Artha Rin Adalat, 2nd Court Madaripur in Money Execution Case No.25 of 1994 waiving 60% of the interest and allowing payment of the balance of the decretal dues by instilments. 2. Short facts relevant for the purpose of the Case are that, the petitioner Bank as plaintiff instituted a s......qbul Huq J Pubali Bank Ltd………………Petitioner Vs. Abdul Jalil Bhuiyan………. Opposite Party Judgment November 15, 2000. Case Referred To- Kazi Gowherul Islam Vs. Standard Co-operative Society Limited and another 50 DLR 333. Lawyers Involved: MA Tariq, Advoc......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
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