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Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... passed the impugned order and committed no illegality, which can be interfered with by this Court. Moreover, the petitioners moved in this Court with the instant writ petition without exhausting the alternative remedy of appeal as provided in section 15 of the Ordinance and as such the writ petitio......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 114
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
.... inter alia, that in the earlier writ petitionthe High Court Division found Abeda Khatun as well to be an affected person and expected that the Governmentrespondents would in all fairness give her an alternative plot expeditiously; that she did not file any Civil Petition for Leave to Appeal against......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 82
Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)
....g this application the writ petitioner has not exhausted the remedy of appeal as provided in article 9 of the Model Constitution, therefore, the Rule is liable to be discharged for not exhausting the alternative remedy as well. In support of his contention on maintainability, he refers to an unrepor......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 94
Shamsul Alam Pathan Vs. State and M/S. Rahimafrooz Distribution Ltd., 2010, 39 CLC (HCD)
....f so advised, the petitioner may surrender before the Court below. 5. With the above observations this application is disposed of. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 583. ......ation is disposed of. In view of the provisions of section 496 of the Code of Criminal Procedure a Court is bound to give bail to an accused in a bailable offence if he appears before it with such prayer...........................(4) Lawyers Involved: Sheikh Muhammed Serajul Islam, Advocate..Category: Criminal Law | Date: | Hits: 101
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ial was not held in accordance with law and the same caused serious prejudice to the accused appellant resulting in a complete failure of justice. Now, having arrived at the above findings, I have no alternative, but to set aside the Judgment and order and send the case back on remand to the Court b......te the accused and thereafter an conclusion of the investigation, submitted charge‑sheet against the accused‑appellant under the above sections of law. The accused was arrested earlier but on his prayer he was granted bail. The case records were then transmitted to the Court of the learned Sr. S..Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ...... was absent on leave and the case was fixed for framing charge on 22‑2‑90. On that date that petitioner filed an application for stopping the proceeding but the learned Special Judge rejected the prayer on the ground that both the prosecution and accused obtained adjournment and upheld the frami..Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ...... Agarwal has riled the application for the amendment of the plaint praying that he may be permitted to sign the plaint and the verification by striking out the name of Mr. MR Islam Azad, as such, his prayer for amendment should be allowed. 20. It appears from the documents riled at the time of th..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
.... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ...... of Religious Affairs of the Government of Bangladesh for removal of the petitioner from the office of Mutwalli of the Waqf Estate and that in the petition so filed before the Minister there was also prayer for appointment of receiver in respect of the property of the Waqf Estate till finalisation o..Category: Trust/Waqf Law | Date: | Hits: 85
SM Siddiqur Rahman, Advocate Vs. Anti-Corruption Commission and others, 2011, 40 CLC (HCD)
....he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ...... the list on 17-11-2011 for order. 3. The learned Advocate Mr. Firoz Uddin Ahmed appeared on behalf of Mr. Abdul Matin Khasru, the learned Advocate for the petitioner and sought time. Allowing the prayer the matter was adjourned and has come in the list today for order. 4. On perusal of the re..Category: Procedural Law | Date: | Hits: 104
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
.... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......ng Title Suit No.17 of 2006 for setting the Judgment and decree passed in Title Suit No.7 of 1956 on the ground of fraud in obtaining the said decree the revisional Court accordingly not allow such prayer and by the impugned Order dated 4-3-2007 rejected Civil Revision No.277 of 2006." 18. The ..Category: Procedural Law | Date: | Hits: 94
Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)
....t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......omplaint 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 Value US$ 34..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....property in the likelihood of two situations. First, if the property is needed. Or, if the property is likely to be needed, but while acquiring a property the Deputy Commissioner cannot keep both the alternatives in his pocket. He has to choose between the two. If he keeps both the options open, the......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ..Category: Property Law | Date: | Hits: 62
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
....k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......arned Advocate of the opposite parties (judgment debtor) was not informed. On 7.10.1999 petitioner (respondent) filed hazira and the appellant (opposite party) prayed for adjournment. The adjournment prayer was rejected. On that day petitioner (respondent) by filing a verified petition prayed for am..Category: Civil Law | Date: | Hits: 127
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....e flats and so, the flats have been correctly included in the schedule of properties for the purpose of attachment and auction sale for realisation of the decretal money; that equally efficacious alternative remedies are available to the petitioner under sections 27, 32(2), 36 and 57 of the Ain,......ারী দরখাস্ত সংশোধন আবশ্যক। অন্যথায় ডিক্রীদারের অপুরণীয় ক্ষতি হইবে।” 4. On such prayer of the Bank, the Adalat, as executing Court, passed the impugned order dated 12-8-2003 allowi..Category: Civil Law | Date: | Hits: 136
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......ff 1 and pro forma defendants 16-20 to inherit her left out properties and the plaint was amended to that effect by order dated 15.4.2002. Subsequently the plaint was amended again by incorporating a prayer for declaration that the defendants’ title deeds as described in ‘Kha’ schedule of the ..Category: Civil Law | Date: | Hits: 73
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
.... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ......xparte by the judgment and order dated 13.11.2000. The decree holder bank, thereafter, started Execution Case No.6 of 2001 for realisation of that decretal amount. In that execution proceeding on the prayer of the decree-holder bank, the Artha Rin Adalat, passed the impugned order dated 16.6.2004 is..Category: Civil Law | Date: | Hits: 69
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......nd thereby affirming the Judgment and order dated 24-7-2005 passed by the learned Senior Assistant Judge and Election Tribunal, Mathbaria, Pirojpur in Election Tribunal Case No.6 of 2003 allowing the prayer for recounting of ballot papers should not be set aside and or pass such other or further ord..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......Judge, Additional Court, Comilla in Title Appeal No.184 of 1985 overturning a Judicial decision rendered by learned Munsif now Assistant Judge, Sadar, Comilla in Title Suit No.165 of 1985 accepting prayer made by petitioner who was first-defendant in the suit to reject the plaint under the provisi..Category: Property Law | Date: | Hits: 69
Category: Company Law | Date: | Hits: 127
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....nal tragedy that an intransigent Freedom Fighter like Taher was murdered following such a recreant yet, dreadful intrigue. 168. Mr. M. K. Rahman, representing the respondents no. 3 and 4, found no alternative but to lend his unhesitant and overwhelming support to the contention the exalted Advoca...... Martial Law Administrator, seeking an abeyance on the confirmation of the sentence and to put the same on halt. She was, however, told in reply, that the president has not been able to accede to her prayer. 12. The purported death sentence on Lt. Col. M. A. Taher, Bir Uttam, was executed on 21st..Category: Criminal Law | Date: | Hits: 154