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Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....le 102(2)(a)(i) of the Constitution of the People's Republic of Bangladesh calls upon respondent Nos.1, 2 and 4 to 6 to show cause as to why the respondents should not be directed to establish Code Enforcement Authority as per Chapter-2, Code 2.1 of the Bangladesh National Building Code, 2006 and fu......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ..

Category: Labour and Industrial Law | Date: | Hits: 163

Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)

....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. ......ge, Pakundia, Kishoreganj, in Other Class Suit No.15 of 2005 rejecting a prayer for temporary injunction. 2. Facts necessary leading to the disposal of the Rule are that the opposite party No.1 as plaintiff instituted other Class Suit No 15 of 2005 in the Court of learned Assistant Judge, Pakundi..

Category: Civil Law | Date: | Hits: 107

Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)

....eal No.182 of 1991 (arising out of partition suit No.12 of 84) rejecting the application under Order 1 Rule 10 read with section 151 of the Code of Civil Procedure. 2. The material facts necessary for disposal of this Rule are that the present petitioners filed an application before the learned s......e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......parties under Order 1 Rule 10 read with section 151 of the Code of Civil Procedure stating that the petitioners have right, title and interest in the suit property as described in the schedule of the plaint. The learned subordinate Judge upon hearing the parties by impugned order dated 01.08.2000 re..

Category: Property Law | Date: | Hits: 96

State Vs. Arman Ali and another, 2008, 37 CLC (HCD)

....a - State defence Lawyer.  Death Reference No.28 of 2005 Judgment Siddiqur Rahman Miah J.- This Death Reference being No.28 of 2005 has been sent by the Learned Sessions Judge, Meherpur for confirmation of death. This death Reference is directed against the judg­ment and order dated 1......ntence in a case under section 302/34 of the Penal Code, law has been amended in India as per act 2 of 1974 and normal sentence for murder is no longer death in India. In Bangladesh there has been no amendment as yet. As per the deci­sion in the case of Nawsher Ali Vs. State report­ed in 39 DLR (A......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ..

Category: Criminal Law | Date: | Hits: 106

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....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 out­comes as shall follow upon such disposa......y the passing of the Rangamati, Khagrachari and Bandarban Hill District Local Government Council (Amendment) Acts 1998 (Acts Nos.9, 10 and 11 of 1998) in that certain provisions of these Acts and the amendments introduced brought by them have affected his right of franchise, right to purchase and tr......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

Md. Habibur Rahman Chowdhury Vs. State and anoth­er, 2010, 39 CLC (HCD)

....rder or orders as to this Court may seem fit and proper. 2. The opposite party No.2, Sonali Bank Ramna Corporate Branch, Dhaka as com­plaint filed the Petition Case No.108 of 2007 on 15.01.2007 before the Court of Chief Metropolitan Magistrate, Dhaka against the accused-petitioner alleging that ......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......haka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The opposite party No.2, Sonali Bank Ramna Corporate Branch, Dhaka as com­plaint filed the Petition Case No.108 of 2007 on 15.01.2007 before the Court of Chief Metropolitan M..

Category: Criminal Law | Date: | Hits: 138

Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....28.4.19W passed in Title Suit No.46 of 1995 by the Subordinate Judge, 1s Com I, Pirojpur decreeing the suit. 2. The petitioner Abdul Jabbar Sheikh as plaintiff instituted Title SuitNo.46 of 1985 before the 1st Court of Subordinate Judge, Pirojpur against the defendant opposite party Raja Kha pray......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......  Khandker Gulsar Hossain, Advocate- For the Opposite Parties. Civil Revision No.2216 of 2003. Judgment AFM Abdur Rahman J. - This Rule dated 28.5.2003 issued at the instance of the plaintiff-respondent-peti­tioner is directed against the judgment and decree dated 15.4.2003 passed..

Category: Property Law | Date: | Hits: 119

Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)

.... and or such other or further order or orders passed as to this Court may deem fit and proper. 2. This Court directed the parties to maintain status quo in respect of posses­sion of the suit land for a period of 3 months from date. That period of statuesque has been extended subsequently. ......lding structure thereon." The opposite party No.1 further submitted the C.S. Khatian No.17 of mouza Bamuel and Mutated Khatian No.31/1 photocopy of OCR and one rent-receipt. The other docu­ments are amendment of Civil Court Act, 1887 vide Act No. 49 of 2001. The case law of IFIC Bank Ltd. Vs. Marin...... before the 6th Court of learned Assistant Judge, Dhaka for setting aside the money decree passed in Artha Rin Suit No. 227 of 2001. The opposite party No. 1 submitted an application for rejection of plaint and accordingly the plaint of Title Suit No.158 of 2005 was rejected by order dated 17.9.2006..

Category: Civil Law | Date: | Hits: 112

Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....all further proceedings of Complaint Case No.7404 of 2008 dated 15-12-2008 under Sections 406 and 420 of the Penal Code, now pend­ing in the Court of Chief Metropolitan Magistrate, Dhaka, was stayed for a period of three months and through further extensions, lastly on 7-3-2011, it was extended for......tood at 3,25,000 on 16-11-2008. The Government through Circular No.BRPD No.8 & 12 dated 26-4-2003 directed all the com­mercial banks to reduce its number of Directors from 21 to 13 and also made amendment of section 15Kaka of the Banking Companies Act, 1991 to the extent that no Director shall ......itan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. And pending hearing of the Rule, all further proceedings of Complaint Case No.7404 of 2008 dated 15-12-2008 under Sections 406 and 420 of the Penal Code, now pendÂ..

Category: Criminal Law | Date: | Hits: 100

Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)

....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. ......in lieu of PA Module and was rightly found technical­ly non-responsive. 5. Being aggrieved by the illegal issuance of notification of award in favour of M/s Nautel Ltd. the petitioner lodged a complaint to the CPTU (Central Procurement Technical Unit) Review Panel under the provisions of Regulat..

Category: Others | Date: | Hits: 127

Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)

.... 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. ......Opposite Party Nos.4 and 5. Omar Farook, Advocate ‑ For Opposite Party Nos.10, 11 and 12. Civil Revision No.5695 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the plaintiff-­petitioners is against Judgment and decree dated 12‑5‑1990 passed by the Subordinate..

Category: Property Law | Date: | Hits: 97

Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)

....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......sued 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 passe......site Party No.1. Civil Revision No.65 of 1989. Judgment Muhammad Ansar Ali J.- This 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 ..

Category: Civil Law | Date: | Hits: 112

Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)

....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......y set aside the disputed Judgment and decree of the trial Court and sent the suit back on remand to the Court of the learned Assistant Judge for regular trial of the suit on merit after allowing some amendment of the schedule of the land by the plaintiff framing proper issues and further evidence if......il 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 Judgment. 2. The plaintiff Sree Sree Ram Krishna Dev Bigraha Asram represented by its Shebait instituted a suit being..

Category: Property Law | Date: | Hits: 113

Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)

....oner respondent No.2 is not permitted by law to do. 2. Respondent No.2 Saudi Bangladesh Industrial and Agricultural Investment Company Limited filed on 2‑7‑1994 Money Suit No.6 of 1994 in the aforesaid Artha Rin Adalat for realisation of money valued at US dollar 9,810,011.44 with interest cl......nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......dollar 9,810,011.44 with interest claiming that defendant‑petitioner is the successor‑in‑interest of the defunct Bank of Credit and Commerce International (Overseas) Limited, Dhaka and that the plaintiff‑respondent deposited US dollar 60,00,000.00 in FC account No.017‑00206 at the principa..

Category: Civil Law | Date: | Hits: 119

Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)

....d of by this judgment. 2. It has been asserted in the plaint that the plaintiff is a Bangladesh national residing permanently at House 11, Road 14, Dhanmondi Residential Area, Dhaka. While staying for 12 years in USA he came back to Bangladesh at the end of 1997 and in order to bring all his hous...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132.   ...... Defendant Nos. 3 & 3A.  BM Elias, Advocate - For the Defendant Nos. 1 & 2.  Admiralty Suit No.54 of 1998. Judgment AFM Abdur Rahman J.- This Admiralty Suit filed by the plaintiff Mizanur Rahman Khan against the defendant No.1 American Liner Systems, USA, the owner of t..

Category: Admiralty Law or Maritime Law | Date: | Hits: 693

Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)

.... Rule are that on 28.04.1999 the opposite party as plaintiff instituted Title Suit No.61 of 1999 in the Court of Senior Assistant Judge, Rupgonj, Narayanganj, impleading the petitioners as defendants for permanent injunction in 6 1/2 decimals of land our of 65 decimals described in the schedule of t......leading the petitioners as defendants for permanent injunction in 6 1/2 decimals of land our of 65 decimals described in the schedule of the plaint. After institution of the suit the plaintiffs by an amendment dated 02.06.2002 prayed for mandatory injunction. 3. The plaintiff's case put in a nuts......07.2002 passed by the learned Senior Assistant Judge, Rupgonj, Narayanganj, decreeing the Title Suit No.61 of 1999. 2. Short facts leading to this Rule are that on 28.04.1999 the opposite party as plaintiff instituted Title Suit No.61 of 1999 in the Court of Senior Assistant Judge, Rupgonj, Naray..

Category: Civil Law | Date: | Hits: 181

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

....hury with Abdel Mannan Bhuiyan with Md. Jiaur Rahman Sali, Advocates-For the petitioner. Md. Mamunor Rashid, Assistant Attorney General-For the state.   Moinuddin, Advocate-For the Informant.      Criminal Miscellaneous Case No. 24031 of 2010. Judgment A......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and neces­sary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......­ther order or orders as to this Court may seem fit and proper. 2. The relevant facts for the purpose of disposal of the rule may be briefly stated as follows: One Mazharul Haque, filed a com­plaint petition being C.R. Case No.P/27 of 2010 on 26.01.2010 before the Chief Metropolitan Magistra..

Category: Criminal Law | Date: | Hits: 104

Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)

...............................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. ......in @ 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 auction i.e. his possession in and dispossession from the suit lan..

Category: Property Law | Date: | Hits: 106

Masum Sharif Bhuiyan and others Vs. Narayangonj Pourashava repre­sented by its Administrator and others, 2010, 39 CLC (HCD)

....udgment and decree dated 23.4.2006 passed by the learned Joint District Judge and Artha Rin Adalat, Narayangonj in Title Suit No.69 of 2006. 2. The plaintiff appellants instituted the instant suit for declaration of title in the suit land. 3. The plaint case, in short, is that Sabdi and Hisabd...... appeal is allowed without any order as to coasts. Send down the lower Court records at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 321. ......l Hafiz J.- This appeal is directed against the judgment and decree dated 23.4.2006 passed by the learned Joint District Judge and Artha Rin Adalat, Narayangonj in Title Suit No.69 of 2006. 2. The plaintiff appellants instituted the instant suit for declaration of title in the suit land. 3. Th..

Category: Property Law | Date: | Hits: 105

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

....17.9.2003 passed by the learned Joint District Judge, 3rd Court Dhaka in Title Suit No.149 of 2002 rejecting the plaint of the suit. 2. The plaintiff-appellant instituted Title Suit No.149 of 2002 for declaration that he is the owner of the suit property and that the defendant wife is his benamda...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......eogi - For the Appellant.  Abdul Wudud Bhuiyan with Mahbubey Alam - For the Respondent.  First Appeal No.322 of 2003. Judgment Farid Ahmed J.- This Appeal was pre­ferred by the plaintiff against the judgment and decree dated 17.9.2003 passed by the learned Joint District Judge..

Category: Property Law | Date: | Hits: 134