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....ution case was filed on 14.3.2001 for execution of decree of Title Suit No.261 of 1998 and the Ain, 2003 was not in existence on the date of filing of the 1st execution case and, as such, there is no scope to apply the provision of section 28 (4) of the Ain, 2003. he next contends that in this case ......ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
..
Category: Civil Law | Date: | Hits: 85
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....uch need not advert to the judgment of the Arthorin Adalat. Therefore, we do not want to express any opinion as to the view taken by the Arthorin Adalat in that judgment although in our view there is scope of taking a different view. Thus after the passing of the Arthorin Adalat Judgment the respond......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ..Category: Civil Law | Date: | Hits: 87
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....ether the dismissal order is for absence of the plaintiff simpliciter, secondly, whether it has been caused due to mistake of the Court itself and on that platform their Lordships have considered the scope to exercise jurisdiction under section 151 of the Code of Civil Procedure. Their Lordships are...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ..Category: Procedural Law | Date: | Hits: 82
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ent. 22. Citizens’ groups and environmentalists have been demanding that the unauthorised building at a vantage point of the city be demolish without further delay. They say that there was no scope whatsoever, to save the building, built on government land in gross violation of two laws, inc...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 642
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....plication was heard in the presence of both the parties. By the impugned order, the Court rejected the application on the view that the order dated 8-2-07 did no more exist and, as such, there was no scope for extension of the period for deposit of cost and that the application was not maintainable.......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......ersons and issued summons against them. The accused petitioner Nos. 1 and 2 then surrendered before this court with an application under section 498 of the Code of Criminal Procedure for anticipatory bail and they were granted ad-interim bail for a period of 6 months. The accused petitioner No.3 vol..Category: Employment/Service Law | Date: | Hits: 238
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... in the revenue budget. However, by the impugned letter under Memo No. পবম/শা-২/বগ-২/২০০২/à§à§¯à§® dated 24-7-2007 (Annexure-F) respondent No. 1 intimated that there was no scope of transferring the remaining eight employees to similar vacant posts of the same pay scale wi......tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ..Category: Employment/Service Law | Date: | Hits: 216
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......Hasan………………….Accused-Petitioner Vs. State and others…………………….Opposite-Parties Judgment June 17, 2012. Result: The rule is made absolute. Prayer for bail can be agitated at any time on different cause of action...................(4) Lawyers Invol..Category: Criminal Law | Date: | Hits: 151
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ...... Tula Mia and Salu Mia be set at liberty forthwith in not wanted in connection with any other case and the accused appellant Muklas, Md. Alfaz Driver and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case..Category: Criminal Law | Date: | Hits: 153
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......ntenced both the appellants as stated above. 14. Against the said judgment and order of conviction and sentence both the appellants preferred this Criminal Appeal and on 7.7.1997 they were granted bail. 15. Mr. Md. Safiquzzaman, the learned Advocate appearing on behalf of the appellants, made ..Category: Criminal Law | Date: | Hits: 170
Gopinath Das and others Vs. Government of BanglaÂdesh & others, 2010, 39 CLC (HCD)
.... in exercise of its revisional jurisdiction can very much see and decide the question of maintainability of the suit." 38. The next point that comes in is whether plaint can be rejected beyond the scope of Order VII rule 11 of the Code of Civil Procedure. The question is long settled and also ade......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......te party did not pay the money, the plaintiff bank lodged the case on 23-3-2006. Thereafter, the opposite party petitioner appeared before the Court and after receiving sumÂmons of the Court and got bail on 22-4-2007 and the case was transmitted to the Court of Sessions Judge, Gazipur on 28-6-07 fo..Category: Civil Law | Date: | Hits: 217
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......€™ and ‘B’ respectively. Since then the case had a long chequered career culminating in the impugned order passed by the Special Judge on 3.7.82 which was as follows "Accd. Moklusur Rahman on bail is present in dock. Ld.P.P. files a petn. praying for an adjournment for obtaining necessary sa..Category: Criminal Law | Date: | Hits: 62
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....s from the circumstances of the drawer that he did not' expect that the cheque would be cashed in normal case, it would be prima facie proof of the intention to cheat". In the present case we have no scope to find either from the complaint petition or from the circumstances and the nature of the tra......n 420 of the Penal Code now pending in the Court of Chief MetropoliÂtan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ..Category: Criminal Law | Date: | Hits: 67
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....f the supplementary affidavit filed by the petitioner). The relevant porÂtion of the report is as under: "Notes: Claimed item Nos.02, 03 and 05 seems sound and item No.04 is not covered under the scope of subject policy. Subject to admittance of liability by the insurer and also subject to te......due to the devastating flood of 1998. As a custodian of the goods the Bank's duty was to take care of the goods. The goods of the petitioner were damaged due to negligence of the Bank. The Bank, as a bailee was under legal obligation to protect the goods of the petitioner under section 151 for the C..Category: Civil Law | Date: | Hits: 176
Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)
....e petitioners if they misuse the privilege of bail in any manner whatsoÂever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ......€¦â€¦â€¦â€¦â€¦..Accused-Petitioners Vs. State………………………………Opposite Party Judgment March 10, 2011. Result: The Rule is made absolute. Even in a murder case bail cannot be withheld as punishment. It may be allowed in appropriate cases depending upon the cir..Category: Criminal Law | Date: | Hits: 95
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....avit-in-opposition the land in question has absolutely vested in the Government free from all encumbrances and that full compensation has been paid to the norÂmal owners and accordingly, there is no scope for withdrawing from the requisition inasmuch as section 8(B) of the Emergency Requisition of ......s from the places wherein their homesteads are situatÂed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ..Category: Property Law | Date: | Hits: 89
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
.... Act, 1881 The Negotiable Instrument Act, 1881, by its nature, is not a cumbersome Act, and the proceeding under section 138, once the offence is admitted, is summary in nature and there is little scope for taking defence……………………………….(17) Cause of action of a Criminal C......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ..Category: Criminal Law | Date: | Hits: 103
Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
....l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......oner and others under sections 500/501/502 of the Penal Code. 4. Thereafter, on 18.10.2002 the accused petitioner and another appeared in the Court of Magistrate, 1st Class, Chuadanga and obtained bail. 5. Being aggrieved and dissatisfied with the said proceeding the accused Shamsul Alam Selim..Category: Criminal Law | Date: | Hits: 81
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......Appellate Tribunal, Chittagong in Special Tribunal Appeal Nos.22 and 23 of 1979 arising out of Special Tribunal Case No.52 of 1978. Thereafter the accused petitioners surrendered and were released on bail. 5. Mr. Khondker Mahbub Hossain, the learned Advocate for the accused petitioners submits th..Category: Criminal Law | Date: | Hits: 103
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