Search Options
Judgment Advanced Search
Displaying 701-720 of 2867 results.
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....(corresponding more or less to those of section 265C Cr.P.C.) clearly provides that the Magistrate has to consider and by explicitly providing in the said section the expression "record his reasons for doing" the legislature has made it obligatory for the Magistrate to give his reasons for finding......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ...... to pass arbitrary order of discharge. He has to comply with certain requirements. He must assign cogent reason and should come to a finding that the charge is groundless and in doing so, in a complaint case, such as the present one, he should consider the petition of complaint, the documents su..Category: Procedural Law | Date: | Hits: 78
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....Md. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.447 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the proceeding in Special Case No.500 of 1981 pending in the Court of Divisional Specia......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ..Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....g is commenced by the arrest of the res, the ship, such arrest is not an interlocutory order………………………………(34) The Admiralty Act, 1861, section 6 In a pure and simple suit for the realisation of the money by an unpaid vendor, admiralty jurisdiction cannot be invoked. To a......icles of Association to file a suit on behalf of the company he cannot do so unless authorised by a resolution of the Board of Directors of the company……………………………(18) Once an amendment of the plaint is allowed the amendment will relate back to the date of the institution of ......ion to file a suit on behalf of the company he cannot do so unless authorised by a resolution of the Board of Directors of the company……………………………(18) Once an amendment of the plaint is allowed the amendment will relate back to the date of the institution of the suit. But the..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....rt facts leading to this Rule are that on 04-07-1980, the petitioner as plaintiff instituted Other Class Suit No.259 of 1980 in the Court of Munsif, Sirajganj, pleading opposite parties as defendants for declaration of title in respect of 1.83 acres of land out of 9.80 acres described in the schedul....... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......sing those of dated 11-03-1984 passed by the learned Munsif, Sirajganj, Decreeing the Other Class Suit No.259 of 1980. 2. Short facts leading to this Rule are that on 04-07-1980, the petitioner as plaintiff instituted Other Class Suit No.259 of 1980 in the Court of Munsif, Sirajganj, pleading opp..Category: Property Law | Date: | Hits: 76
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
.... was issued calling upon the respondents to show cause as to why the impugned memo No. Mo-4/Trawler-63/2002/113 dated 27-3-2002 issued by respondent No. 4 directing to place all Nathi to the Minister for taking decisions (Annexure-D) and letter No. 611 dated 23-2-2009 issued by respondent No. 1 refu......t No. 1 on 15-10-2000. But in the case of the petitioner, respondent No. 1, vide impugned order Annexure-E refused to make endorsement with reference to impugned Memo dated 27-3-2002 (Annexure-D). No amendment was made in the provisions of sections 4, 5, 8, 9, 10 and 11 of the Ordinance and, as such......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ..Category: Civil Law | Date: | Hits: 124
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
....Parties Judgment July 21, 2009. Result: The application is allowed. Cases Referred to- 13 BLD (AD) 277; 11 MLR (AD) 58; 32 DLR (AD) 167; 19 DLR (SC) 433. Lawyers Involved: Lutfor Rahman Mondal, Advocate - For the Petitioner. No one appears - For Opposite-parties.&nb...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......utfor Rahman Mondal, Advocate - For the Petitioner. No one appears - For Opposite-parties. Civil Revision No.887 of 2008. Judgment Mamnoon Rahman J.- The certified copy of the plaint of Title Suit No.309 of 2004 and the Order dated 13-8-2005 passed by the Joint District Judge..Category: Procedural Law | Date: | Hits: 94
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
....ayes Uddin J.-This Misc. Appeal has been preferred against the judgment and order dated 29.11.1999 passed by the learned District Judge, Dhaka in Misc. Case No.393 of 1999 decreeing the suit ex parte for realization of Tk. 13,01,85,650/= from the appellant. The appellant preferred this misc. appeal ...... (respondent) filed hazira and the appellant (opposite party) prayed for adjournment. The adjournment prayer was rejected. On that day petitioner (respondent) by filing a verified petition prayed for amendment of the petition. Prayer was allowed and 11.11.1999 was fixed for ex parte hearing. On that......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ..Category: Civil Law | Date: | Hits: 127
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....in as the plaintiffs filed Title Suit No.228 of 1979 in the First Court of the then Sub-ordinate Judge, Dhaka, renumbered as Title Suit No.464 of 1985 in the Second Court of Sub-ordinate Judge, Dhaka for declaration of title and recovery of khas possession. Their case, in short, is that the suit lan......ed in the judgment contrary to the materials of the case that summons was served upon the RAJUK inasmuch as, from order sheets of the title suit shows that RAJUK was made proforma defendant No.4 by amendment vide order No.78 dated 17-8-1988 and before such amendment the suit land stood acquired on......d 14-10-2009 passed by the High Court Division in Civil Revision No.3994 of 2007 discharging the Rule. 2. The facts, leading to this appeal, are precised below:— The respondents herein as the plaintiffs filed Title Suit No.228 of 1979 in the First Court of the then Sub-ordinate Judge, Dhaka,..Category: Property Law | Date: | Hits: 104
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....Nisi the petitioner challenged the legality of the orders dated 12-8-2003 and 8-2-2004 passed by the Artha Rin Adalat No.3, Dhaka in Title Execution Case No.123 of 2002. 2. Material facts relevant for disposal of the Rule are as under: 3. The petitioner is an officer of Bangladesh Biman, Res...... Adalat. In the application for execution, the pledged and hypothecated goods were shown as schedule 'A and B'. Subsequently, on 12-8-2003 the Bank filed an application in the said execution case for amendment of the application for execution of the decree by way of including flat No.5, Building No....... director of the Company or a guarantor of the loan or mortgagor of the flats. (iii) Original decree was for realisation of money by selling pledged and hypothecated goods as per Schedule of the plaint and so, inclusion of the flats by way of amendment for the purpose of realisation of decretal..Category: Civil Law | Date: | Hits: 136
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....ioner, as plaintiff, instituted Title Suit No.25 of 1998 under Section 9 of the Specific Relief Act in the Court of Senior Assistant Judge, Madhukhali, Faridpur against the defendant (Opposite Party) for recovery of possession by evicting the defendant in respect of 5 decimals of land morefully desc......l No.244 of 1999 was filed before the District Judge, Faridpur which was allowed by judgment dated 08.08.2001 sending the case on remand to the learned trial Court with direction to the plaintiff for amendment of the plaint and that after remand order the learned trial Court by his judgment and decr...... Rahman with Md. Monzur Alam Khan - For the petitioner. No one appears - For the Opposite Party. Civil Revision No.363 of 2006. Judgment Faruque Ahmed J.- This rule at the instance of the plaintiff petitioner was issued calling upon the opposite party to show cause as to why the impugned..Category: Civil Law | Date: | Hits: 114
.... proper.
2. Short facts of the case are as follows:- Late Indra Mohan Saha father of the petitioners instituted Title Suit No.424/79 in the Court of Munsif Shingair against opposite parties No.2-5 for specific performance of contract stating, inter alia, that on 21.03.1974 the father of the petit......ined.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
......Petitioners.
Md. Haroon-Ar-Rashid with Md. Enamul Hoque - For the Opposite Parties.
Civil Revision No.4849 of 1998.
Judgment
Faruque Ahmed J.- This rule at the instance of the plaintiff petitioners was issued calling upon the opposite parties No.1-2 to show cause as to why th..
Category: Civil Law | Date: | Hits: 103
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....004 passed by the Senior Assistant Judge, Kathalia, Jhalakathi in Title Suit No.134 of 1999. 2. The petitioner Nirmal Chandra Halder and his aunty Nando Rani Halder as plaintiffs instituted a suit for perpetual injunction on the averments, inter alia, that an area of 6.75 acres of land appertaini......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......ubarak Hossain, Advocates-For the petitioner. Feroz Alam, Advocate-For the opposite parties. Civil Revision No.2406 of 2008 Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondent was issued to examine the legality of judgment and decree dated 1.4.2008 (decre..Category: Civil Law | Date: | Hits: 73
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....same issues over again. Judicial verdict has its special sanctity and cannot be subject matter of discussion at any future time involving identical or similar issues. Res judicata, thus, is a special form of estoppel…………………………………..(8) The Code of Civil Procedure, 1908 (A......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......milar issues. Res judicata, thus, is a special form of estoppel…………………………………..(8) The Code of Civil Procedure, 1908 (Act No. V of 1908); Order VII Rule 11 Rejection of plaint Rule 11 of Order VII of the Code of Civil Procedure, 1908, while dealing with the power of..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....tioner Vs. Mst. Zahura Khatun…………………………………Opposite Party Judgment November 1, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears for either of the parties. Civil Revision No. 3996 of 1996 Judgment Md. Ruhul Quddus J. - T......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......: The Rule is discharged. Lawyers Involved: No one appears for either of the parties. Civil Revision No. 3996 of 1996 Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-petitioner was issued on an application under section 115(1) of the Code of Civil Procedur..Category: Procedural Law | Date: | Hits: 105
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
....order dated 30-11-82 passed by Mr. Golam Rasul, Assistant Sessions Judge, Kishoreganj convicting the appellant under section 493 of the Penal Code and sentencing him to suffer rigorous imprisonment for 10 years. 2. The prosecution case was that the appellant Md. Jalaluddin alias Badsha was th...... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ......ng refused to accept her as his wife a salish was called in the salish the accused agreed to marry the complainant formally but ultimately he backed out. The complainant then submitted a written complaint to the Sub-Divisional Magistrate, Kishoreganj which was drafted by an Advocate’s Clerk. The..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ners in all the four petitions and the deceased husbands of Petitioner Nos.2 and 3, in WP 7236/10 under section 121A of the Penal Code. 2. All the Petitioners were sentenced to suffer imprisonment for varying terms while Lt. Col. (retd.) M. A. Taher, Bir Uttam, husband of the Petitioner No. 2 in ......th Amendment Act, all so-called proclamations, proclamation order, martial law regulations, martial law orders and other laws (henceforth collectively cited as martial law instruments) as well as all amendments, modifications, substitutions made thereof, including amendments to the Constitution, bro...... in a surreptitious manner. 31. They were never aware of the charges brought against them or the alleged offences they were arrested for. At no pointof time were they supplied with any FIR, any complaint or any kind of paper whatsoever relating to the alleged arrest, custodyor trial. They were..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....rosecuting the suit on behalf of the plaintiff. 2. Appellant "Amarbati Natya Mandir" instituted Other Class Suit No. 41 of 2001 through its secretary Shri Piyush Kanti Ghose against the respondent for declaration of title in the suit property mentioned in the schedule to the plaint. The secretary......appeal is allowed without any order as to costs. The impugned judgment and order of the learned Joint District Judge is set aside. The plain tiffs application for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. ......Dass Vs. Som Dass, AIR 1975 SC 2159. Lawyers Involved: Saifur Reza, Advocate — For the Appellant. Appeal from Original Order No. 74 of 2005. Judgment SK Sinha J. - In this appeal the plaintiff challenged an order of the learned Joint District Judge, 1st Court, Mymensingh refusing to..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....rding interest pendents lite as well as interest accumulated till the realisation of installments. 2. On 23rd January 1988 appellant Agrani Bank as plaintiff instituted Title Suit No. 17 of 1988 before the Subordinate Judge Dhaka against the respondents for recovery of money after selling the pro......it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ......lam, Advocates — For the Appellant. None Appears — For the Respondents. Appeal from Original Decree No. 59 of 1991. Judgment Md. Ashfaqul Islam J. - This appeal at the instance of the plaintiff Agrani Bank is directed against the judgment and decree dated 6-11-90 and 12-11-90 respect..Category: Civil Law | Date: | Hits: 95
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....jected the complaint and thereby refused to take cognizance of the alleged offences under sections 161 and 467 of the Penal Code. 3. Earlier a Rule was issued on the matter. 4. But none appears for the complainant petitioner when the matter is taken up today for hearing although the matter h......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ......or Special Judge, Rajshahi in Case No.9 of 1998 (Special) has been challenged by the complainant petitioner. 2. By that order the learned Senior Special Judge, Rajshahi summarily rejected the complaint and thereby refused to take cognizance of the alleged offences under sections 161 and 467 of ..Category: Procedural Law | Date: | Hits: 92
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....esult: The rule is made absolute. Jurisdiction of the Small Causes Court Small Cause Courts are constituted under section 5 of Small Causes Courts Act, 1887; section 15 of the Act provides for jurisdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction o......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......rs Involved: Fida M Kamal, Advocate - For Petitioners. No one appears - For Opposite Parties. Civil Revision No.156 of 1987. Judgment Sharif Uddin Chaklader J.- This Rule by the plaintiffs directed against Order dated 19-2-1987 passed by the learned Additional District Judge, 3..Category: Civil Law | Date: | Hits: 94
83228318831783148305830282918290828382808279827282688267826382628261826082598257