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Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....y they should not be restrained from disturbing the peaceful possession of the plaintiff and in which the defendants had showed cause the eviction of the plaintiff from the suit property amounts to a contempt of court, committed by defendant Nos. 1 and 2. The Court further found that till the matter......ndatory injunction arose and the subject matter of the present appeal. 3. The order of the learned court below granting mandatory injunction did not give details of the background. The appellant before this Court namely, Bangladesh Mukti Judda Trust claimed the said property by purchase. They cla......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ..Category: Property Law | Date: | Hits: 389
Abdul Jabbar Vs. State and Pradip Kumar Biswas, 1991, 20 CLC (HCD)
....Petitioner. Not represented- the Opposite party. Contempt Petition No.1 of 1991 in Criminal Revisional No.972 of 1990. Judgment Anwarul Haque Chowdhury J.-The application for drawing up a contempt proceeding against Mr. Shafiqul Islam, the Chief Metropolitan Magistrate, Khulna and ot......cate ‑ For the Petitioner. Not represented- the Opposite party. Contempt Petition No.1 of 1991 in Criminal Revisional No.972 of 1990. Judgment Anwarul Haque Chowdhury J.-The application for drawing up a contempt proceeding against Mr. Shafiqul Islam, the Chief Metropolitan Magistra......opy of this order to Mr. Shafiqul Islam, Chief Metropolitan Magistrate, and Khulna immediately for his future guidance and instructions. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 21.......opy of this order to Mr. Shafiqul Islam, Chief Metropolitan Magistrate, and Khulna immediately for his future guidance and instructions. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 21...Category: Criminal Law | Date: | Hits: 84
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
.... fraud upon the court in Case No.168 of 1995 and Writ Petition No. 2272 of 2005 of High Court Division. 7. In the above background and circumstance the petitioner prayed for adjournment of the contempt petition pending disposal of the Title Suit No.88 of 2010 as well as awaiting report of t......mudul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No.1. (In both the cases) Not represented-Respondent Nos. 2-6. (In both the cases) Civil Petition for Leave to Appeal Nos. 655 and 656 of 2010. (From the judgment and order dated 28.02.2010 passe...... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ...... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ..Category: Others | Date: | Hits: 118
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......ed by M. G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Review Petition No.90 of 2010. (From the judgment and order dated 6.5.2010 passed by the Appellate Division in Civil Petition for leave to appeal No.1359 of 2009). Order Syed Mahmud Hossain J.- This application for rev...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......filed First Appeal No. 181 of 2004 and against the judgment and decree passed in Money Suit No.2 of 2002 these petitioners filed First Appeal No.180 of 2004 in the High Court Division and the learned Judges of the High Court Division vide judgments and decrees dated 13.05.2008 dismissed both the Fir..Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......etition Nos. 513 of 2010.) Not Represented-Respondent Nos. 1-133 (In Civil Petition No. 512 of 2010.) Not Represented-Respondent Nos. 1-48 (In Civil Petition No. 514 of 2010.) Civil Petition for Leave to Appeal Nos. 512, 513, 514 of 2010. (From the judgment and order dated 11.11.2009 pas......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......of law, the case shall be referred for decision by a Full Bench". 9. Rule 7 of this Chapter provides that every decision of a Full Bench shall be treated as binding on all the Division Courts, and Judges sitting singly, upon point of law or usage having the force of law determined by the Full Ben..Category: Constitutional Law | Date: | Hits: 247
....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
......d Ziaul Karim, Advocate ‑ For the Respondent No.3.
Writ Petition No. 1025 of 1991
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- The Petitioner Md. Mohsin Kabir alias Rupan prays for issuance of Rule Nisi calling upon the respondents (1) Government of Bangladesh represented by t......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
...... be released from the list of abandoned properties but also prayed for restoration of possession of the premises thereof in occupation of the respondents‑allottees of the Government. If the learned Judges in deciding the writ petition declare the property in question to be not abandoned property, ..
Category: Property Law | Date: | Hits: 86
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......udgment Siddiqur Rahman Miah J.- This application under section 24 of the Code of Civil Procedure originates out of First Appeal No.15 of 1988 which also arises from Partition Suit No.64 of 1986 before this court is also arises out of title suit No.96 of 1984 in the court of Munsif, Manikgonj. ...... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......ns in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn. (3) For the purpose of this section, Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court. (4) The Court trying any suit tra..Category: Property Law | Date: | Hits: 68
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......Ranganathan & another Vs. The Government of Madras and others, AIR 1955 (SC) 604. Lawyers Involved: Rafique‑Ul-Huq, Advocate ‑ For Auction Purchaser. MH Khondker, Advocate ‑ For former Managing Director. Syed Wali Md. Salehuddin, Advocate ‑ Official Liquidator. AKM Na......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ...... this section shall invalidate a proceeding by reason of its being taken in a wrong Court." 11. Mr. Khondker submits that this Supreme Court of Bangladesh is a creation under the Constitution and Judges of this Court are appointed under the Constitution. When a proceeding becomes pending before ..Category: Company Law | Date: | Hits: 193
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ......989. Judgment AM Mahmudur Rahman J. - This Rule arises out of the judgment and decree of reversal passed by the learned District Judge, Noakhali. 2. The opposite parties Nos. 1 to 11 hereinbefore me instituted Title Suit No. 564 of 1985 for declaration that order passed by the defendant No.......s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ......ishore Roy Vs. Ramendra Kishore Roy, 7 BCR 227 (AD) however argues that the Government servant is not entitled to get settlement of khas land. A careful reading of the judgment shows that the learned Judges observed in that case that the Government servant got lease of the khas land practicing fraud..Category: Property Law | Date: | Hits: 72
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548....... Suit No. 55 of 1985. Judgment Md. Mozammel Hoque J. - This is an application filed by the Defendant No. 1 petitioner under Order 7, rule 10 read with section 151 of the Code of Civil Procedure for return of the plaint to the plaintiff. 2. The plaintiff instituted the present suit on 24.11......interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548....... before the Admiralty Court. In support of his contention, Mr. Hafizullah has referred to the case of Batuit Vs. Hartley, 1872 Maritime Law Cases (QB), 337. In the aforesaid decision the four learned Judges were unanimous and all concurred the views as expressed by Blackburn, J. which are as follows..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ...... passed in Family Court Case No. 1 of 1988 filed by the wife petitioner and Family Court Case No. 1 of 1989 filed by the husband, opposite party No. 1 and remanding both the cases to the Family Court for trial. 2. The petitioner admittedly was married to the opposite party No. 1 on 10.4.82 on the......e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ......il Procedure except section's 10 and 11 shall not apply to proceedings before the Family Courts". Section 4(2) of the Family Courts Ordinance, 1985 provides as follows: "All Courts of Assistant Judges shall be Family Courts for the purpose of this Ordinance". Section 20(1) of the Family Cou..Category: Family Law | Date: | Hits: 210
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
....en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......le 102 of our Constitution the respondents have been called upon to show cause as to why the orders dated 14.8.85 passed by the respondent No.1 declaring the Baitul Aman Mosque “a waqf by user" and forming a Management Committee with eleven members for the management of the said Mosque and the ord......en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......e properties as secular property. Against the, decree the Administrator of Waqfs took an unsuccessful appeal, First Appeal No.151 of 1965, before the High Court of the then East Pakistan. The learned Judges of the High Court while affirming the judgment and decree of the trial Court held that the pr..Category: Trust/Waqf Law | Date: | Hits: 183
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ...... on 3.4.91 on the prayer made on behalf of the petitioner, the opposite parties No.2 to 5 (accused in the case out of which the present Rule arises) as mentioned in paragraph 2(ii) of the application for amendment, were impleaded as parties and Rule was also issued against them. Simultaneously praye......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......es with it the widest discretionary powers in the exercise of control over the conduct of the proceedings before them. This view is now well established and enshrined in numerous decisions by eminent Judges of the Superior Courts of this sub‑continent. Indeed it was necessary to recognise this rul..Category: Criminal Law | Date: | Hits: 80
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
.... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......ber 7, 2010. Lawyer Involved: Motahar Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Criminal Petition for Leave to Appeal No.53 of 2009. (From the judgment and order dated 10.6.2008 passed by the Hig...... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......the victim died due to the 7 injures found on her person which were sufficient in the ordinary course of nature to cause her death. The learned Deputy Attorney General further argued that the learned Judges of the High Court Division overlooked the findings of the trial Court and erred thereby in ..Category: Procedural Law | Date: | Hits: 81
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
....eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......y 13, 2010. Lawyers Involved: AFM Mesbauddin, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.350 of 2009. (From the judgment and order dated 12.2.2008 passed by the Hi......eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264....... not guilty and claimed to be tried. The learned Additional Sessions Judge found them guilty under section 302/149 of the Penal Code and sentenced them to imprisonment for life with fine. The learned Judges of the High Court Division maintained the conviction of sentence on appeal. 2. According t..Category: Criminal Law | Date: | Hits: 71
Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)
....r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ...... August 12, 2009. Lawyers Involved: Maqbul Ahmed, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on Record-For the Petitioner. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No.131 of 2008. (From the Judgment and order dated 06.02.2008 passed by the H......r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ......lso obtained another Rule under Section 561A of the Code of Criminal Procedure where the legality of the proceedings under Section 138 Negotiable Instrument Act, is under challenge. 6. The learned Judges of the High Court Division, after hearing the present case, found that the plea of double jeo..Category: Criminal Law | Date: | Hits: 50
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......udge, 1st Court, Chittagong in Money Execution Case No. 67 1968 striking out the said execution case. 2. It appears that the said Money Execution Case No. 67 of 1968 was filed by the decree holder for realisation of the sum Tk. 1,11,915/13 with interest on the decreetal dues of TK. 1,03,532.75 in......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......y Gajindra Kumar, J in AIR 1947 Bom 480 and dissenting view of Das, J in AIR 1929 Pat. 565 (FB) without referring to the same. In all the aforesaid decisions except AIR 1929 Pat. 565 (FB) the learned Judges were of the view that since Do distinction has been made between an appeal arising from a sui..Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447........ 13 (2)91, GR Case No. 1029/91 under section 7(b) of the Special Powers Act pending in the Court of Senior Special Tribunal and Sessions Judge, Dhaka. 2. Facts in short are that the petitioner, a former Minister of the outgoing Government and Editor of the Daily Ittefaq came to know on informati......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......ority to pass the order having been found to be void there would be no detention order legally existing at the time a person in yet in the detention but nothing further. We have seen that the learned Judges of the Full Bench of that Court delivering separate judgments though agreeing with each other..Category: Criminal Law | Date: | Hits: 98
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....r remedy under section 10A of the Administrative Tribunal Act, 1980 which runs as follows: “10A. Contempt of Tribunal.‑ (1) The Administrative Appellate Tribunal shall have power to punish for contempt of its authority or that of any Administrative Tribunal, as if it were the High Court Divis......istrict‑Faridpur and 4 others........Respondents. Judgment July 11, 1990. Case Referred to- Saifur Rahman Vs. Bangladesh and others, 41 DLR 538. Lawyers Involved: AJ Mohammad Ali for Sharifuddin Chaklader, Advocate ‑For the Petitioner. Md. Delwar Hossain, Assistant Attorney......n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ..Category: Administrative Law | Date: | Hits: 182
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......nd to be of no legal effect. 2. Pending hearing of the Rule, operation of the impugned order dated 15.6.87 reinstating the respondent No.2 to his previous post was stayed. 3. The relevant facts for the disposal of the Rule are as follows: The petitioner Chittagong Textile Mills Ltd. is a pu...... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......Vs. The State of West Bengal and another, the view taken is that such on order must stand or fail in to‑to. Certain reasons have no doubt been Oven in the latter but with due respect to the learned Judges, these appear to be rather ore speculative or academic than real. Moreover, in Hemanta Kumar ..Category: Labour and Industrial Law | Date: | Hits: 120
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