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Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ......ate adopts the procedure preceding the word "or" and acts on the result thereof, his function so far as enquiries are concerned is over and he is to pass the final order either allowing the prayer of the applicant or rejecting it. He cannot follow the two mutually, exclusive procedure simu..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....rayer in the plaint appears, on the face of it, to be defective, to which we shall have to refer later on. 2. An application was filed along with the Plaint for a temporary injunction or, in the alternative, for appointment of the plaintiff No 1 as a receiver on the allegations, inter alia, tha......a Estate and also for a declaration that the defendants have no right or authority or jurisdiction to disturb the plaintiff's possession and management of the Tea Estate There is also a prayer in this plaint for an injunction restraining the defendants from interfering with or disturbi..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
....le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......abir J.- This petition under section 115 of the Code of Civil Procedure is directed against an order dated 20.3.69 passed in Misc. Case No.262/66 by Mr. M Islam, Dist. Judge, Chittagong rejecting the prayer of the petitioner. Yar Ali Khan Chowdhury for examination of two witnesses namely, one Mr. An..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
....f is entitled to separation from her husband, by Khula, in the circumstances of the instant cases. 10. It has further to be pointed out that in the plaint itself in that case there was an alternative prayer for dissolution of marriage by way of Khula. In the present case no such relief h...... was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution of marriage on the ground of cruelty and non-maintenance and in the absence of any prayer for khula divorce in the plaint, allowing such prayer may deny the defendant any opportunity ..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
.... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ......e 142 in number and include several Chairmen and Members of the Local Union Councils and also Advocates of this Court. There is also an MBBS doctor and a B.Sc. Engineer. In their petition there is no prayer for a proceeding under section 107 CrPC. It is, however, clearly stated therein that families..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
....eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in: 24 DLR (HCD) (1972)103 ......e hurriedly towards the west. His mother Aftain Bibi also came out with him. But before the Sessions Court, PW 1 stated that the occurrence took place on Sunday the 9th Magh, 1372 BS after the magrib prayer time. It was dark when he heard a cry "Chur jai, Chur jai". On hearing this he hims..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551 ......vision. Since in this case no question as to the interpretation of any provision of the Constitution of the People's Republic of Bangladesh is involved, no such certificate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Rep..Category: Abandoned Properties Law | Date: | Hits: 7
Category: Constitutional Law | Date: | Hits: 2
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ......He was to depose before the Special judge on 14-11-73 but on his way to Jessore he fell ill at Dacca and sent a telegraph accordingly. C)n that occasion the learned Special judge granted, time on the prayer of the prosecution and without issuing a warrent of arrest against the Magistiate thought it ..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ......Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessions Judge, Second Court, Dhaka in Sessions case No.132 of 1984 rejecting the prayer for revival of the said case should not be set aside. 2. Facts relevant for the disposal..Category: Criminal Law | Date: | Hits: 1
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....iled in this case. On perusal of these papers we do not find anything in favour of the respondents. The order of derequisition still stands and in pursuance of this order the respondents got no other alternative but to restore vacant possession of the house to the, petitioner. It is highly regrettab......plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ..Category: Constitutional Law | Date: | Hits: 3
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......B and the Rule was duly served on the respondents on 16.3.77 and the matter was posted on the list on 31.3.77 but it went out of the list for unknown reasons because it cannot be ascertained on whose prayer it was taken out of the list. Then it was posted on the list on 14.6.77 and it seems that the..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ......d also filed an application under Order XXXIX, rules 1 and 2 read with section 151 of the Code of Civil Procedure praying for an order of temporary injunction till disposal of the suit with a further prayer for ad‑interim injunction whereupon a notice to show cause was issued upon the defendants. ..Category: Civil Law | Date: | Hits: 2
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ......ion Ordinance 1961, (Ordinance No.XLV of 1961) to function as a Trade Organization of the sector printing and packaging Industry. The Chairman of the executive Committee for the year 2007-2009 made a prayer to the director, Trade Organization, Ministry of Commerce, the Respondent No.1, for extension..Category: Business or Commercial Law | Date: | Hits: 72
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, however without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ......was further contended by the defendant that the compensation assessment roll in respect of the suit land has already finally been published and as such the suit land was rightly acquired. As to the prayer of temporary injunction defendants submitted that the prayer for temporary injunction shoul..Category: Property Law | Date: | Hits: 19
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......quiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary, if any, make such decision on the prayer of the applicant as it deems fit. (6) The decision on [of] the Court of Settlement shall b..Category: Procedural Law | Date: | Hits: 24
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......rt, Chittagong in Miscellaneous Appeal No.04 of 2004 affirming the order dated 11.01.2004 passed by the learned Joint District Judge, 2nd Court, Chittagong in Other Suit No.69 of 2003 disallowing the prayer for injunction. 2. Short facts relevant for disposal of the Rule are that the petitioner a..Category: Procedural Law | Date: | Hits: 26
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....justice for the administration of which alone the Court exists. The inherent jurisdiction, should not be invoked where some other remedy is available. The jurisdiction given by Section 561A is not an alternative jurisdiction nor an additional jurisdiction but it is a jurisdiction preserved in the in......wali P.S. Case No.69 dated 27.12.2000 under sections 364, 302, 201, 34 and 109 of the Penal Code, pending in the Court of Magistrate, 1st Class, Barisal. A Division Bench of this Hon'ble Court on the prayer of the accused-petitioners under section 561A Cr.P.C. issued the instant Rule and stayed all ..Category: Criminal Law | Date: | Hits: 24
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ke any steps up the outstanding running bill No.5 against construction of ICE and Denting Shop and final bill for construction of Equipment Workshop and Garage. The petitioner having no other speedy, alternative and other equally efficacious remedy in law, has come up with the instant writ petition ......uestion of requisition for any money from the arbitrator on 2-1-1995 against the said work order. Upon cancellation of work order, the authority jointly measured the work done and ultimately on the prayer of the company dated 20-8-2000 all their goods kept at the site of the work were handed over ..Category: Alternative Dispute Resolution | Date: | Hits: 96
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......complaint we find that the complainant disclosed how and why accuseds should be punished under the aforesaid sections of the Penal Code giving ingredients of each of the sections and thereafter, made prayer that the accuseds should be punished for misappropriating cargo worth of Invoice Values US$ 3..Category: Criminal Law | Date: | Hits: 114