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Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....petition against appointment of receiver by the High Court Division in respect of a petrol pump that originally belonged to one Imam Sharif, their predecessor-in-interest. High Court Division refused prayer for appointment of receiver in respect of all the properties of Imam Sharif described in sche......d by the learned Joint District Judge, First Court, Chittagong, in Other Class Suit No.254 of 2008 appointing receiver in respect of properties described in Kha schedule of the plaint. Facts relevant for disposal of this appeal, in short, are that the sole plaintiff filed the aforesaid other class s......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ..Category: Civil Law | Date: | Hits: 126
....spondents quite some time back on 10‑11‑91 and it appears from the office note dated 14‑1‑92 that notice has been duly served upon the respondents and the case is ready for hearing and on the prayer of the learned Advocate Mr. KZ Alam the matter was fixed for hearing on 24‑6‑92 at the to......ssed by the Sessions Judge, Patuakhali confirming the conviction and sentence passed by the Summary Martial Law Court in GR Case. No.375 of 1977 sentencing the accused to suffer rigorous imprisonment for one year and also to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for a...... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
...... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
..
Category: Criminal Law | Date: | Hits: 84
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....e is directed against the Judgment and order dated 5.6.2005 passed by the learned Joint District Judge, Court No.2, Kishoreganj, in Miscellaneous Case No.12 of 2005 allowing the appeal and allowing a prayer for temporary injunction on setting aside the Judgment and order 7.4.2005 passed by the learn......rected against the Judgment and order dated 5.6.2005 passed by the learned Joint District Judge, Court No.2, Kishoreganj, in Miscellaneous Case No.12 of 2005 allowing the appeal and allowing a prayer for temporary injunction on setting aside the Judgment and order 7.4.2005 passed by the learned Seni......akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ..Category: Civil Law | Date: | Hits: 107
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....akaria on receipt of the said report took cognizance and issued summons against the accused persons. On receipt of the said summons the accused-petitioner Nurul Alam surrendered on 05.08.2003 and his prayer for bail was rejected. The learned Sessions Judge, Cox's Bazar enlarged the said accused on b......tions 447/ 323/ 382/386/506 of the Penal Code, now pending in the Court of Sessions Judge, Cox's Bazar rejecting the application of the petitioners under Section 344 of the Code of Criminal Procedure for stay till disposal of Other Class Suit No.26 of 2003 which is pending in the Court of Joint Dist......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ..Category: Criminal Law | Date: | Hits: 54
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....of section 51 read with Rule 37 of Order 21 of the Code of Civil procedure and rejected the application dated 30.9.2009 of the petitioner filed under section 57 of the Artha Rin Adalat Ain, 2003 with prayer for stay of the execution proceeding till disposal of the Title Suit No.85 of 2009 filed by t......ssed by the learned Joint District Judge and Artha Rin Adalat, Narayanganj in Artha Rin Money Execution Case No.41 of 1999 should not be set-aside. 2. The material facts of the case as necÂessary for disposal of the Rule are that the opposite party No.1, Janata Bank, Fatullah Branch as plaintiff......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ..Category: Civil Law | Date: | Hits: 129
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
.............................................. (3) Where the decree relates to the payment of money and the decretal amount is not paid within the time specified by the Court, the decree shall, on the prayer of the decree-holder to be made within a period of one year from the expiry of the time so sp......sioning failure of justice. 2. Material facts are that opposite party No.1 as plaintiff instituted Family Suit No.12 of 2000 in the Family Court Patharghata, impleading the petitioner as defendant for dower and maintenance for Tk. 1,16,500/-. 3. The trial Court partly decreed the suit on 17.05......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ..Category: Limitation Law | Date: | Hits: 147
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....relied extensively on these two Judgments that in themselves deal with substantial questions of law as apply to the facts and circumstances of this case, is, therefore, disinclined to enterÂtain the prayer so made. That disinclination also stems from the additional prayer made by the Certificate pr......n the same and/or similar facts giving rise to questions and issues necessitating their disposal by one Judgment. In that view of the matter, both of these Writ Petitions are hereby taken up together for disposal allowing, however, for separate orders and outÂcomes as shall follow upon such disposa......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ..Category: Constitutional Law | Date: | Hits: 314
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....t and the loan-money was alleged to have been sent through SA Paribahan in different dates but the complainant opposite party could not submit any document or sending such amount and more over on the prayer of the accused petitioner the SA Paribahan authority had denied the assertion of the complain......minal Revision No.1025 of 2010. Judgment Siddiqur Rahman Miah J.- This Rule was issued on an application under section 439 read with section 435 of the Code of Criminal Procedure filed by the informant petitioner against the order dated 9-2-2009 for framing charge against the accused petitione......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....CPTU (Central Procurement Technical Unit) Review Panel under the provisions of Regulation 53 of Public Procurement Regulations, 2003 with requisite fee amounting to Taka 1,00,000 on 20-11-2007 with a prayer for reviewing all the commercial terms and conditions of all responsive tenders to decide who......ud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the Respondents to show cause as to why invitation for re-tender No. Babe/Karika/bmre/ SKW FM Transmitter/2007-161 dated. 15-4-2008 published in "The D......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ..Category: Others | Date: | Hits: 127
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
....record, submitted that Court of appeal below acted illegally in holding that trial Court was wrong in passing the decree of partition as complicated question of title was involved in the suit when no prayer for establishment of title was made by the plaintiffs. Mr. Kamal‑Ul-Alam, the learned Advoc...... in the benami of another person. 3. Suit was contested by the defendant Nos.1‑6, 7 10.11, 17 to 19 by filing separate written statements except defendant Nos.17‑19 and other defendants prayed for saham. Those saham praying defendants also made certain allegations like the other contesting de...... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ...... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ..Category: Property Law | Date: | Hits: 97
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....nd then she was produced before the Chief Metropolitan Magistrate Dhaka in the afternoon of 3‑11‑96 showing her arrested in connection with the arm case being Gulshan P.S. case No.9(11)96. On the prayer of the police the CMM granted 5 days' police remand during which the petitioner was unbearabl......framing charge against the petitioner Mrs. Jobaida Rashid should not be set aside. By order of the same date further proceedings of the above mentioned Sessions Case was stayed. 2. Facts necessary for the purpose of disposal of this Rule are as follows: AFM Mahitul Islam receptionist‑cum‑r......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ..Category: Criminal Law | Date: | Hits: 107
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....ting that P.W.2 Ayesha Begum told her husband P.W.5 to follow them but her husband did not follow them for which P.W.2 Ayesha Begum started weeping. She further stated that before the 'Azan' of Fazar prayer she found 3 persons carrying with their shoulder one person inside the boundary wall of the G...... Appeal No.540 of 2001. Judgment Md. Ali Asgar Khan J.- This Death Reference under Section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, Pirojpur for confirmation of the sentence of death imposed upon Seema Begum on her conviction for the offence......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ..Category: Criminal Law | Date: | Hits: 94
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
.... the BOD in certain respects in taking deciÂsions in relation to the Company's property. These facts and circumstances, therefore, in their totality encapsulate the grounds on the basis of which the prayers in this Application have been framed. 8. Heard the learned Advocates for the Petitioners ......rests of certain of the other shareholders-directors of the Company constituting at the time of the disposal of this Matter four of the five original Petitioners in this case. The Petitioners have so formulated the case as to identify the Respondent Nos.2 to 9 as the shareholders-directors whose con......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ..Category: Company Law | Date: | Hits: 177
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....Rule was issued in pursuance of the application under section 115(1) of the Code of Civil Procedure of the plaintiff petitioner upon the opposite parties calling upon them to show cause as to why the prayer for amendment of the plaint should not be allowed after setting aside the order dated 24‑12......s issued in pursuance of the application under section 115(1) of the Code of Civil Procedure of the plaintiff petitioner upon the opposite parties calling upon them to show cause as to why the prayer for amendment of the plaint should not be allowed after setting aside the order dated 24‑12‑85 p......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....ed by its Shebait instituted a suit being Title Suit No.611 of 1978 in the 3rd Court of Munsif, Narail, originally praying for a permanent injunction against the defendants 1‑4. Subsequently on the prayer of the plaintiff, the suit was amended as one for a declaration of title, confirmation of pos......No.230 of 1980 reversing the Judgment and decree dated 20‑11‑80 passed by the learned Munsif, 3rd Court, Narail in Title Suit No.611 of 1978 and sending the suit back on remand to the trial Court for fresh hearing and disposal in the light of observations made in the body of the impugned Judgmen......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ..Category: Property Law | Date: | Hits: 113
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....of the Code of Criminal Procedure, he may be convicted under sub‑section (2) of section 25B of the Special Powers Act, 1974. It appears that the appellant Shamsul Haque was not granted bail and his prayer for bail was refused by the order dated 3‑3‑93. The learned Advocate for the appellants h......ns Judge and Special Tribunal Judge, Sherpur in Special Tribunal Case No.12 of 1992 convicting the appellant under section 25B of the Special Powers Act, 1974 and sentencing each of them to suffer RI for three years and to pay a fine of Taka 1000.00. 2. The prosecution case is that, while a Subâ€......t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ..Category: Criminal Law | Date: | Hits: 79
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....bout 15/16 years before the institution of the said Title Suit No. 125 of 1970, and as such dismissed the suit in respect of -05 acres of land possessed by the present Defendant No.2 and rejected the prayer for injunction in respect thereof. 4. The plaintiff examined 2 witnesses and the defendant.................................Petitioners Vs. Md. Serajuddin @ Islam and others .............Opposite parties Judgment October 7, 2009. Result: The Rule is made absolute. In a suit for declaration of title and for recovery of possession, the plaintiff must prove his cause of aucti......o 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: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......o 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: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ..Category: Property Law | Date: | Hits: 106
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....all the three ingredients of "evidence". Mr. Mahbubur Rahman also placed the case of Abdul Hakim and others Vs. State, reported in 1987 BCR (AD) 143, wherein it has been held that for considering the prayer for bail the direct overt acts alleged against the persons named in the FIR are required to b.......- This Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause why pending disposal of GR Case No.2923 of 1996 arising out of Dhanmondi P.S. Case No.10(10)96 which is now pending before the learned Sessions Judge, Dhaka as Sessions Case No.319 of 1997 accused‑petitioner Mrs. Job...... of remand and there is also no confessions by her. On 9‑11‑1996 the petitioner prayed for bail in the Arms Act case which was refused by the learned Chief Metropolitan Magistrate who ordered for remanding her to custody. The petitioner was shown arrested in connection with this case on 9‑11â€......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ..Category: Criminal Law | Date: | Hits: 82
Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)
....the appeal as substituted appellant in place of the deceased appellant before she obtains probate of the Will. Therefore, the learned Subordinate Judge has rightly decided the case in disallowing the prayer for making the petitioner as party in the aforesaid suit as the heirs of said Sarat Kumar Kan...... order No.67 dated 26‑11‑87 passed by the Subordinate Judge in‑Charge, 1st Court, Chittagong in Other Suit No.149/85 should not be set aside. 2. The plaintiff‑opposite party filed the suit for specific performance of contract being Other Suit No.149/85 in the 1st Court of Subordinate Judg......harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ..Category: Civil Law | Date: | Hits: 117
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....m injuncÂtion from dispossessing the plaintiff from the suit tea estate and from interÂfering with the peaceful possession of the plaintiff reiterating the facts as stated in the plaint. 5. That prayer for injunction was conÂtested by the, defendant No.1 by filing written objection denying the......suance of the Rule directed the parties to maintain status quo in respect of position, possesÂsion, nature and character of the propÂerty in question till disposal of the rule. 3. Facts relevant for disposal of the Rule are that the opposite party No.1 as plaintiff has instituted Other Suit No.......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ..Category: Civil Law | Date: | Hits: 115
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