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AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ...... Judgment July 10, 1989. Result: This Rule is made absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presence of a specific criminal case against the detenu for deÂtention When there is a specific case against the detenue and the same is the subject mat...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ......de absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presence of a specific criminal case against the detenu for deÂtention When there is a specific case against the detenue and the same is the subject matter of the detention order, he shall be released…………â..Category: Criminal Law | Date: | Hits: 66
.... illegal, collusive, baseless and also that respondent No. 2 is the owner in possession of the case land.
22. By filing an affidavit-in-reply on behalf of the petitioners, it is stated that on the prayer of the defendants further proceeding of Title Suit No. 188 of 2006 was stayed by an order dat......we heard them together and now dispose of them by this common order. We also think, the facts of one case would be sufficient to understand the issue (s) at which the parties are at variance and call for decision.
3. In Writ Petition No. 2678 of 2005, wife and sons and daughters of one Abdul Khal...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
..
Category: Property Law | Date: | Hits: 120
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....999, at Fatehabad and Hathazari Sub-Register's Office, Chittagong, respectively but not actually acted upon except the share of respondent No.5 for land measuring 1.181/2 acres of land with a further prayer for a declaration that those deeds are not binding upon the plaintiff, as well as for partiti......Partition Act must be construed liberally and the terms should not be taken to mean not only the structure or building but also adjacent building, garden, courtyard, orchard and all that is necessary for the convenient occupation and enjoyment of the house. It is enough if the house or its appurtena......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
....ht the suit for declaration that the suit land is a pathway and the plaintiff like others has got right of passage over it by "way of easement and necessity and by right of user." There was a further prayer for permanently reÂstraining the defendant Nos.2 from changing the nature and feature of the......ed. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The LimiÂtation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the right of the servient ownÂer and, therefore, all easements should be specifically pleaded so that the servient owner can meet the claim…â...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ..Category: Civil Law | Date: | Hits: 189
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
.... loss if the seized goods are not released in favour of the applicant, in such case, the application for taking jimma can be granted. 21. In view of the above mentioned conditions for granting the prayer for jimma, we are of the opinion that accused petitioners have prima facie case and they have......of the seized goods and the articles were seized from his control and possession and if it is found that the seized goods are perishable and its value would be diminished if it is remained in custody for long time or the applicant will unnecessarily incur heavy loss if the seized goods are not relea......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ..Category: Procedural Law | Date: | Hits: 142
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
....No.107 was attached on 29-7-89. Thereafter, the petitioner filed an application under Order XXI rule 58 of the Code of Civil Procedure claiming their title and possession in land under attachment and prayer for release of the same from attachment. The learned Executing Court rejected the said applic......ne and the same cannot be maintained in the eye of law. The petitioner has a right to know as to why his application has been rejected………………..(4) Lawyers Involved: M Enayetur Rahim for Md. Momtajuddin Fakir, Advocate-For the Petitioners. Abdul Momen Chowdhury Advocate-For the O...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....on receipt of the petition of complaint took cognisance of the case under section 138 of the Negotiable Instruments Act and issued summons. The accused petitioners surrendered before the Court with a prayer for bail and they were enlarged on bail. The learned Magistrate by his order dated 14‑1‑2......……………………Opposite Parties Judgment August 30, 2003. Result: The Rule is made absolute. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881) The cause of action for filing of a case under section 138 of the Negotiable Instruments Act arises after expiry of the ...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ..Category: Civil Law | Date: | Hits: 163
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
.... in filing the aforesaid Complaint Case No.5 of 1985. 3. Upon filing the complaint the Magistrate issued summons to the petitioner and his father in response to which they appeared. On 24.1.85 the prayer of bail of the petitioner was rejected by the Magistrate. However, on 30.1.85 he granted bail......nserting section 339B in Cr.P.C. they did not consciously make any correÂsponding amendment in section 537 Cr.P.C. to include the word 'Gazette Notification and at least one Bengali newspaper'. Therefore, it can be inferred that section 537 does not cover the case falling under section 339B Cr.P.C.......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ..Category: Criminal Law | Date: | Hits: 110
....ssing even formal order thereon in terms of the provision of Order 14 rule 2 of the Code of Civil Procedure. He, however, does not have much grievance on the question of the rejection of petitioner's prayer for rejection of the plaint under Order 7 rule 11 of the Code of Civil Procedure.
4. Mr. A......€‘1995 passed by the learned Subordinate Judge, 3rd Court, Mymensingh in Partition Suit No.141 of 1994 rejecting an application under Order 14 rule 2 of the Code of Civil Procedure and an application for rejection of the plaint under Order 7 rule 11 of the Code of Civil Procedure.
2. Opposite par......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
..
Category: Procedural Law | Date: | Hits: 152
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....n fact no land was purchased and on the date of occurrence on 14-8-2004 the deceased had gone to accused at Kapasia with Tk. 2,00,000 and he was lastly seen in the company of accused after the Magrib prayer and on the following day the dead body of Tipu was found hi the guava garden of Gazi Aftab Sh......J.- This Death Reference, under section 374 of the Code of Criminal Procedure (in short, the Code) has been submitted by the Bicharak (District and Sessions Judge), Druta Bichar Tribunal No.4, Dhaka, for confirmation of sentence of death, awarded by him upon accused Zakaria Kabiraj convicting him un......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..Category: Criminal Law | Date: | Hits: 147
....cretary, Ministry of Works and the Assistant Secretary of the same Ministry.
2. Petitioner's Title Suit No.21 of 1989 for permanent injunction was filed against the said Ministry, later on a prayer was made for mandatory injunction to restore possession of the disputed house to the plaintif......
Lawyers Involved:
Kaisar Ali, Advocate ‑ For the Petitioner.
Civil Order No.5233 (Contempt) of 1997.
Judgment
AM Mahmudur Rahman J.- This application has been filed for drawing up proceeding of contempt of Court against the Secretary, Ministry of Works and the Assi......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
..
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....est against Fifth Defendant and ex parte against other Defendants including Defendant No.1(ka)-1(gaha) and Defendants Nos. 19(ka)-19(Ja). Preliminary Decree was drawn and signed on 30.11.1999. On the prayer of Decree-Holder Plaintiffs-Opposite parties, an Advocate Commissioner was appointed for effe......Rita Bimala Purification, predecessor-in-interest of First-Fourth-opposite parties as Plaintiffs on 7.4.1981 instituted a Suit being Title Suit No.434 of 1981 in the Court of Subordinate Judge, Dhaka for a decree of partition in respect of A and B property described in schedule to plaint impleading ......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..Category: Procedural Law | Date: | Hits: 120
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
.... directed against the judgment and order dated 22.07.2002 and another order dated 27.08.2002 passed by the learned Joint District Judge, first Court, Comilla in Title Suit No.31 of 1994 rejecting the prayer for making some persons as parties and keeping the subsequent petition under section 151 of t......ed against the judgment and order dated 22.07.2002 and another order dated 27.08.2002 passed by the learned Joint District Judge, first Court, Comilla in Title Suit No.31 of 1994 rejecting the prayer for making some persons as parties and keeping the subsequent petition under section 151 of the Code......nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ..Category: Property Law | Date: | Hits: 85
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....perty in favour of the petitioner. 9. Mr. Miah Abdul Gafur, the learned Advocate appearing for the petitioner, submits that the Court of Settlement acted without lawful authority in dismissing the prayer for release of the case property and exclusion of the same from the 'Ka' list despite decree ......ted in list 'Ka' in the Gazette dated 23‑6‑1986 as abandoned property. 4. The further case of the petitioner is that, he filed Case No.526 of 1087 under section 7 of Ordinance No.LIV of 1985 before the Court of Settlement and respondent No.4 also filed Case No.525 of 1987 for release of the c......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ..Category: Property Law | Date: | Hits: 107
....ired and wanted by the respondents, we hold that the respondents are under legal obligation to mutate the names of the petitioners in the record of rights and this action of illegally withholding the prayer for mutation is absolutely illegal and without jurisdiction.
9. In the result, this Rule i......years lease‑hold interest in respect of the commercial property situated at 156 and 157, Motijheel Commercil Area, P.S. Motijheel, Dhaka comprising 18 kathas of land by virtue of standard agreement for lease which was entered into in between the Government of erstwhile East Pakistan and the deceas......t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
......t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
..
Category: Property Law | Date: | Hits: 119
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
.... plaintiff with the leave of the Court re‑examined P.W.1 and he was then cross‑examined. Thereafter the Court fixed 7‑8‑1993 for argument, but the plaintiff took few adjournments. Then on the prayer of the plaintiff the suit was transferred to Artha Rin Adalat No.4 on 8‑10‑1993 for dispo......nal Kanti Biswas, Advocate - For the Opposite Party No.1 (In both the Civil Revisions). Mahmudul Islam with Nahid Mahtab and Ayesha Morshed, Advocates ‑ For the Petitioner. Md. Idrisur Rahman for Kazi Md. Nurul Amin, Advocate ‑ For the Opposite Party. Civil Revision No.3542 of 1994 with......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....ek reported in 6 BLD (AD) 201 wherein the has been held: "It is true that amendment can be allowed at any stage of the proceeding, but after an inordinate delay it will be inequitable to allow the prayer for amendment." 8. He next refers the case of Abdul Wadud Contractor and another Vs. Nazir......tal principles governing the amendment of the pleadings is that all the controversies between the parties as far as possible should be included and multiplicity of the proceedings avoided. Therefore, amendment of pleadings can be be considered if the proÂposed amendment will in no way change ......rÂdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......rÂdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ..Category: Procedural Law | Date: | Hits: 114
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....r was passed for winding up of Gonophone but, Gonophone was unable to filecertified copy of the said judgment before the Adalat as the certified copy was not ready. The Adalat ultimately rejected the prayer of Gonophone and fixed a date for ex-parte hearing of the suit on 15-8-2007. On prayer of Gon......estion the legality of the Order No.6 dated 11-5-2008 passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Jari Case No.34 of 2008 issuing warrant of arrest against the petitioner for the purpose of civil imprisonment. 2. Material facts necessary for disposal of the Rule, in b......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ..Category: Civil Law | Date: | Hits: 154
Mikasa Enterprise Vs. Government of Bangladesh, 2011, 40 CLC (HCD)
....dent PSI agency thus he seeks a direction from this Court to release the goods upon payment of entire duties and Taxes as per CRF value. The learned Assistant Attorney General do not opposes the said prayer for the learned Advocate. 12. We have heard the learned Advocates of both the sides, perus......r the Respondents. Writ Petition No.10080 of 2010. Judgment SM Emdadul Hoque J.- This Rule was issued calling upon the respondents to show cause as to why the action of the respondents for not releasing/assessing the goods named as Glassware and Tableware (Soup Bowl Set) asper declara......titioner is at liberty to file review application before the Review Committee within 21 days as per provision of the PSI Rules, 2002. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 193. ......titioner is at liberty to file review application before the Review Committee within 21 days as per provision of the PSI Rules, 2002. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....0-1993. The plaintiff submitted his reply stating that the enquiry was not held properly and prayed for holding the enquiry headed by a Magistrate. But the Managing Committee, without considering the prayer of the plaintiff, informed him by letter dated 31-10-1993 that he was dismissed from service ......udgment and decree dated 24-2-1997 passed by the SubÂordinate (now Joint District Judge), First Court, Rangpur in Other Appeal No.140 of 1995 should not be set aside. 2. The necessary facts found for disposal of this Rule are simple. The present petitioner as plaintiff filed Other Class Suit No.......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ..Category: Civil Law | Date: | Hits: 144
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