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Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)

....alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ...... trans­fer of the case to some other competent Court u/s. 526B Cr.P.C. being Criminal Motion No.106/84. The case record also remained with the Sessions Judge in connection with the dis­posal of the prayer for bail of accused Ahmed Ali Lasker being Criminal Motion No.112/84. The learned Sessions Ju..

Category: Criminal Law | Date: | Hits: 144

Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)

....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......eard by the Additional District Judge of that place. The learned Judge reversed the decision of the trial court dismissing the suit mainly on the ground that the suit was not maintainable with­out a prayer for declaration of title. One of the considerations that weighted with the lear­ned Judge in..

Category: Property Law | Date: | Hits: 64

Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)

.... concerned 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: 64 DLR (HCD) (2012) 378. ......y 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: Property Law | Date: | Hits: 66

Jupiter Glass Indus­tries Ltd. & others Vs. Titas Gas Transmis­sion and Distribution Co. Ltd. & another, 1982, 11 CLC (HCD)

.... In the result, the appeal is dismissed and the Rule is discharged without any order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 293. ......Md. Altaf Hossain J.- This appeal is directed against an order dated 10.6.80 passed by the learned Subordinate Judge, 1st Court, Dacca, in Title Suit No.664 of 1979 of his Court rejecting plaintiffs' prayer for temporary injunction made in the Suit. The plaintiffs filed the suit for a declaration th..

Category: Civil Law | Date: | Hits: 124

Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)

....defendants have been trying to change the ownership of the plaintiffs thus acquired by them in the said company and that such an attempt was taken on 20-1-2011. In this situation the plaintiff had no alternative but to file this suit to pro­tect their title and possession in the suit property as we......e the exclusive and legal owners of M/s Combined Food & Cold Storage Ltd. as described in the schedule to the plaint as well as they have prayed for some other consequential reliefs stated in the prayer portion, as follows- “(খ) নিম্নের ‘খ’ তফসিলে বর্..

Category: Administrative Law | Date: | Hits: 212

Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)

.... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ......but the petitioner prayed for an adjournment as his engaged learned advocate was not in a position to cross-examine the witnesses for his personal difficulties but the Court below after rejecting the prayer, closed the evidence, fixing 17-04-2006 for argument. 5. On 17-04-2006 the petitioner file..

Category: Property Law | Date: | Hits: 58

Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)

....dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......dverse possession. Such observation affects the merits of the case that might be filed by the plaintiffs. 40. It is to be noted that the learned Advocate for the petitioner pointed out that in the prayer portion of the plaint the principal relief sought for is with reference to ejectment of the l..

Category: Civil Law | Date: | Hits: 123

Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)

....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......ani Goha digested in 5 BSCD 264 their Lordships of the Appellate Division held as follows:- "When the plaintiff-respondents are found to be out of possession, a mere suit for declaration without a prayer for recovery of possession is clearly hit by the Proviso to this section and accordingly, the..

Category: Property Law | Date: | Hits: 52

Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)

....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......n respect of a part of the suit land, having been dispossessed after the filing of the suit, the present suit for declaration will not be hit by section 4 of Specific Relief Act in the absence of the prayer for recovery of khas possession by amending the plaint. It is urged by the learned Advocate t..

Category: Civil Law | Date: | Hits: 59

Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)

.... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ......3 months which was extended from time to time in the Rule. Thereafter the plaintiff‑opposite party No.1 again filed an application in the Court of learned Subordinate Judge under section 151 with a prayer for staying the Title Execution Case Nos.6 and 7 of 1994. At the same time this defendant­-p..

Category: Procedural Law | Date: | Hits: 69

Alkas Gorami Vs. State, 2006, 35 CLC (HCD)

.... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ......me to the house and asked about her husband Haider to which she replied that he would return home in the evening. Then she stated that on returning home her husband took supper and offered his Magrib prayer when again the appellant came and asked her husband to go with him (the appellant) on the cal..

Category: Criminal Law | Date: | Hits: 43

Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

....ps of our apex Court has given a positive observation that accused-peti­tioner is to agitate his grievances at the time of hear­ing under section 241A of the Code of Criminal Procedure which is his alternative remedy. Moreover, the prima facie evidence so far available as prosecution material is e......servation that cognizance has rightly been taken and there is no scope to review the Order of taking cognizance dated 18-4-1993 against and on 7-6-1993 the accused-petitioner again filed an identical prayer which was also rejected. 4. Thereafter accused-petitioner jumped upon to invoke the jurisd..

Category: Procedural Law | Date: | Hits: 59

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

.... list of members of the Executive Committee of BELA supplied from the office of the Registrar of the Joint Stock Company dated 25.11.2004. The writ petition is evidently barred by the principle of ‘alternative remedy’ as is provided by section 8 of the Ain, 2000 wherein the remedy for the grieva......arted through regular media advertisement offering to sell housing plots in the said projects. RAJUK did not prevent the said development project of the MMT although it has categorically rejected its prayer by its letter dated 29thJuly, 2003 to approve the project on the ground that the said project..

Category: Environmental Law | Date: | Hits: 434

Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ...... 12-5-1989 minus the amount already paid by the petitioner and directed for repayment of dues by 10(ten) instalments in 5(five) years, beginning from first July, 1989 with interest but disallowed the prayer for awarding penal interest. Against the said award, this respondent No.3 preferred an appeal..

Category: Civil Law | Date: | Hits: 70

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

....mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......said Parliamentary Su-Committee’s recommendation. 95. Having scanned the legal position and the ratio decidendi of the decisions of the cases cited above, in juxtaposition with the petition, the prayer and the existing salary level and having been propelled to the invariable equation that the p..

Category: Constitutional Law | Date: | Hits: 413

Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)

.... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ...... Civil Petition for Special Leave being No.299 of 1993. 19. It appears that a petition has been filed on behalf of the plaintiff‑opposite party praying for amendment of the plaint by inserting a prayer for consequential relief in the form of re‑instatement of the plaintiff in his service. Thi..

Category: Labour and Industrial Law | Date: | Hits: 137

Abdul Haque Sikder Vs. Divisional Manager (Fertilizer) Bangladesh Agricultural Development Corporation (BADC) and others, 1996, 25 CLC (HCD)

.... the nature of his job, that is to say, whether he had managerial or administrative functions. In the absence of any such statement or reply to the above assertion of the respondents we have no other alternative than to hold that the petitioner was a 'worker' and his remedy was by an application bef......dent No.1 Divisional Manager (Fertiliser) BADC issued a second show cause notice to explain why he should not be dismissed from service. It appears from reply to the second show cause notice that his prayer for changing the inquiry officer Ruhul Amin was not considered and he was not given proper op..

Category: Labour and Industrial Law | Date: | Hits: 228

Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)

....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......ns 406/420/409 of the Penal Code by an order dated 10.10.2004. During trial, prosecution has examined 10 witnesses. In the course of trial, on 15.01.2007, the accused petitioner filed a petition with prayer to call the records from the Bank in connection with the pledged goods, stock register and in..

Category: Criminal Law | Date: | Hits: 97

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

....is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ...... the bank by letter dated 13.12.2006 and requested the bank to confirm the reschedule arrangement. Certified copy of the order passed in the aforesaid writ petition No.10946 of 2006 shows that on the prayer of the petitioners the rule of the said writ petition was discharged for non-prosecution by o..

Category: Civil Law | Date: | Hits: 112

Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)

....f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ...... thinks fit directing him to make such investigation and to report thereon to the court within such time not exceeding three months as may be fixed by the court: Provided that the court may on the prayer of the commissioner and on sufficient cause being shown, extended the time." 11. Order 26,..

Category: Property Law | Date: | Hits: 84