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Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....er Section 561A available to a party in an appropriate case — When the Sessions Judge passed an order setting aside the finding of the Magistrate under section 439A CrPC and there being no alternative remedy and all the remedies for the first party being exhausted, the first party is comp...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......n and the petitioner was an imposter and had no locus standi to file the case, When the petitioner found that his very locus standi was under challenge he instantly filed two applications, one with a prayer for a direction upon the Govt. respondent to file written statement in order to fix up the li..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ......This Rule issued at the instance of the defendants is directed against the judgment and order passed on 19.11. 1990 by the Additional Assistant Judge, Second Court, Dhaka allowing the plaintiffs' prayer for amendment of the plaint of Title Suit No. 92 of 1990 (Originally Title Suit No. 160 of 19..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....mission of a criminal offence would not by itself debar the Government from taking action for his detention under the Act. It was held that these two jurisdictions are not co‑extensive nor are they alternative. The jurisdiction under the detention law may be invoked when the available evidence doe......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......e possession of the defendant No. 2 from 1.3.86 till 31.1.90. No explanation has been given from the side of the defendant appellant as to why this solenama was not filed before the court nor was any prayer made to the court to record the solenama during the period from 1.3.86 to 31.1.90. This fact ..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....nd retention of the pledged goods or by selling out the pledged goods with reasonable notice upon the pawnor are concurrent, but disjuncted by a word "or" in between the two and hence" alternative". It is further submitted that though reliefs are concurrent and alternative, yet t......Taka 21,00,000.00 to the plaintiff‑opposite party Bank towards re‑payment of the loan money. The Court however fixed 15.3.90 as the date for filing written statement and on that date again on the prayer of the defendant petitioners, 17.4.90 was fixed for filing written statement but meanwhile th..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ......Form Dha (Annexure‑B) and the Gazette Notification dated 10 February 1992 (Annexure‑C, page 845) and if respondent No. 7 মোঃ আলী, পিতা আঃ আজিজ makes any such prayer for correction of his name in the said report in Form "3” dated 23.1.92 (Dha) (Ann..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
.... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ......d on behalf of the added defendant‑petitioner against an order dated 24.12.88 passed by the learned Subordinate Judge, First Court, Comilla in Title Suit No.183 of 1991 allowing the plaintiff's prayer for amendment of the plaint. 2. The shorts facts for disposal of the Rule are as follows..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......t No.125 of 1981, dismissing the suit on contest. 2. The short facts leading to the Rule are: The opposite parties as plaintiff instituted a suit for specific performance of contract with a prayer for execution and registration of the kabala in respect of the suit land by the defendant No...Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ...... girl by the Civil Surgeon, Gazipur was done while the girl was under the custody of the accused. The learned Sessions Judge after hearing this application by his order dated 7.5.90 rejected the same prayer on a finding, inter alia, that there is a kabinnama showing marriage of the girl with the acc..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
....of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......ays. Against that aforesaid conviction and sentence, the appellants preferred Criminal Appeal No. 137 of 1988 before the High Court Division and the same was admitted for hearing on 14.12.88. But the prayer for bail of the appellants was rejected. 3. Leave was granted to consider whether the l..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......he Arms Act 1878, read with section 26 of the Special Powers Act, 1974, now pending before the Senior Special Tribunal Judge, Dhaka, should not be quashed. 2. At the time of issuing Rule, on the prayer made on behalf of the petitioner, an order was passed for staying the further proceeding for ..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
...., Sylhet. The victim girl refused to be examined by the professor of Gynae who was a member of the Board. Since the victim girl refused to be examined by the professor of Gynae the board had no other alternative but to rely on the X‑ray report. The Radiologist in his report dated 23.1.89 stated he......he said application was registered as Misc. case No.110 of 1989. The Sessions Judge Moulvibazar took up both the applications together for hearing but disposed of these by two separate judgments. The prayer of victim girl Sumati Begum, to allow her to go to her husband Manik was refused by the Sessi..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......er section 41(b), and not under Order 40, rule I of the Code of Civil Procedure. That being so, the court held that no appeal would lie and after the court dismissed the appeal as not maintainable, a prayer was made before the court that the appeal be treated as revision and the court after treating..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......t as it failed to come to the findings that the plaintiffs were out of possession at the time of institution of the suit and the suit for simple declaration was not maintainable without consequential prayer for recovery of khas possession, As I have already held that the finding of possession was co..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2