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...., appeared before us with Mr. KH Saifuddin Ahmed, the learned Deputy Attorney‑General, and prayed for a short accommodation for filing an affidavit‑in‑opposition for contesting the case and his prayer for adjournment was allowed and 12‑3‑1997 was fixed for hearing the case. On 12‑3‑199......dings (SupplemenÂtary Provisions) Ordinance, 1985 (Ordinance No. 54 of 1985) against respondent No.2 Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development, praying for exclusion of the case property in Holding No. 8B/B, 2nd Colony, Mirpur, Dhaka from the ‘Kha' l......he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 325.
......he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 325.
..
Category: Property Law | Date: | Hits: 116
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......e Pachail, P.S. Nandigram, Dist. Bogra at present 308 (1) M H Hall, Jahanginagar University, Savar, Dhaka now detained in Dhaka Central Jail, calling upon the respondents to show cause as to why the aforesaid detenu should not be brought before this Court in order to satisfy itself that he is not be......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......ubstance Act. The District Magistrate, Dhaka on 11‑11‑95 issued an order, in exercise of power conferred by section 3(2) of the Special Powers Act, 1974, directing the detention of the aforenamed detenue for a period of 30 days from the date of service of the said order upon the datenu. A copy o..Category: Criminal Law | Date: | Hits: 127
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....n Miscellaneous Case No.59 of 1986 and prayed that he be allowed to pay all dues to the House Building Finance Corporation by annual installments. The Court by its order dated 30‑4‑90 allowed the prayer to pay the claim of Taka 4,43,601.00 by ten equal annual installments with an interest of 7 Â......he remaining installments to the House Building Finance Corporation. The petitioner came to know about it from a letter from the House Building Finance Corporation and also from the newspaper and was forced to file on 19‑5‑82 a suit for cancellation of the General Power of Attorney, in the Court......115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ..Category: Civil Law | Date: | Hits: 132
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....r son had no lawful authority to enter into a contract for sale without being authorized by Court of law. He submitted that the Courts below upon misconception of law and facts granted the plaintiffs prayer for Specific Performance of Contract against the settled principle of law. He submitted that ......Court, Dhaka in Title Suit No.244 of 1999 decreeing the suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the suit land belonged to the minor defendant Hanif Sarder. His mo......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....rdingly SI Abdul Baten examined the seized Motor Cycle and he confirmed that seized motor cycle is stolen motor cycle of Akkelpur police station case No.2(6) 1991. Thereafter SI Abdul Baten submitted prayer to the officer-in-charge of Dhamoirhat police station for giving motor cycle to his custody f......the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him and he dishonestly or fraudulently misappropriated or converted the same for his own use or allowed any other person to do so…………………………………….(57) ......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..Category: Criminal Law | Date: | Hits: 109
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
.... and/or any charge documents for the repayment of the loan availed by the defendant No.1 as alleged by the plaintiff bank and the learned Subordinate Judge (now Joint District Judge) allowed the said prayer on the finding that the defendant No.5 did not sign the charge documents and therefore, not r......tional Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record - For the Petitioner. Not Represented – the Respondents. Civil Petition for Leave to Appeal No. 1581 of 2003. (From the judgment and order dated 17.6.2003 passed by t......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174...Category: Civil Law | Date: | Hits: 122
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....shed in the office memorandum No.ED(R- 11)S-59/77-25(500) dated 20-3-97 Annexure Z-6. 3. At the time of hearing of the Rule the learned Advocate for the petitioner prays that he does not press the prayer A in the writ petition. He further submits that he is not also pressing the later portion of ......owdhury, Advocate - For added-Respondent Nos. 11-14. Writ Petition No. 3025 of 1996 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of fac......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357...Category: Employment/Service Law | Date: | Hits: 186
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
.... paddy. But in the meantime Government having decided to increase Bank Guarantee to 100% of the value of the paddy, petitioner of each of the Rules prayed for further reducing quantity of paddy. Such prayer for allowing petitioner to mill further reduced quantity of rice was not allowed. Thereafter,......d to have been passed without any lawful authority and of no legal effect. All the Rules having involved common question of fact and law are being disposed of by this Judgment. 2. Learned Advocate for the petitioner after placing the petitions and other materials on record submitted that the Gove...... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ...... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ..Category: Others | Date: | Hits: 146
Bangladesh Water DevelopÂment Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
.....1 filed another application for appointment of Mr. Maksudur Rahman as arbitrator citing him as a Justice in place of Mr. Justice Maksum‑ul‑Hakim. The petitioner filed an application opposing the prayer of opposite party No.1 for change of the arbitrator and appointment of Mr. Maksudur Rahman as......angladesh Water Development Board figured as 2nd party in the said Misc. case. Petitioner Bangladesh Water Development Board through its Executive Engineer, O & M. Division‑II, floated a tender for construction of 8 Vent RCC Pipe Sluice Gate at 13.65 Km of Greater Dhaka City Flood Protection E......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ..Category: Alternative Dispute Resolution | Date: | Hits: 521
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....After the birth of the child at Khodeja's father's house accused Abul went to the house of his father‑in‑law and wanted to take back his child and his wife. The informant and his wife refused the prayer of their son‑in‑law Abul. Abul also requested his wife Khodeja to go with him but she als......ith Jail Appeal No.1251 of 1992. Judgment Qazi Shafiuddin J.- This reference under section 314 CrPC being Death Reference No.19 of 1992 has been submitted by the learned Sessions Judge, Barisal for confirmation of the death sentence passed in Sessions Case No.5 of 1992 against accused Abul How......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257...Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....m giving effect to the notice of termination and it was registered as Arbitration Misc. case No.362 of 1994. The learned Subordinate Judge passed an order of an interim injunction in the light of the prayer of Bangladesh Air Service Ltd. There was a revision being Civil Revision No.1773 of 1994 agai...... Ltd. is a Private Limited Company registered under the Companies Act. By an agreement dated April 18, 1980, the petitioner British Airways Plc appointed the opposite party as its General Sales Agent for the district of Sylhet on terms and conditions mentioned in the agreement and by a subsequent am......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ..Category: Alternative Dispute Resolution | Date: | Hits: 304
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
....orary injunction. On 27.7.83 the learned District Judge passed the following impugned order:- "Heard learned Advocate of the appellant. Considering the facts & circumstances, as submitted, the prayer for temporary injunction is allowed. Let the respondents be restrained from dispossessing the......ule, at the instance of the defendants, is directed against an order passed in MisceÂllaneous Appeal No.96 of 1983, under Order 43, rule 1 (a) of the Code of Civil Procedure, allowing an application for temporary injuncÂtion of the opposite parties. 2. The opposite parties filed Title Suit No.2......ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ......ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ..Category: Civil Law | Date: | Hits: 147
M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)
.... the sale proceeds thereof against the outstanding loan. 3. The learned Judge of the Artha Rin Adalat, after hearing both the parties and considering the facts and circumstances, rejected the said prayer of this petitioner by the impugned order. 4. We have heard the learned advocates of both t......assed by the Artha Rin Adalat, No.2, Dhaka in Artha Rin Case No.133 of 2005 rejecting this petitioner's application under section 12(1)(2) of the Artha Rin Adalat Ain, 2003. 2. The facts necessary for disposal of this rule. In short, are that the respondent No.2 Janata Bank, as plaintiff, filed t...... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537....... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537...Category: Civil Law | Date: | Hits: 120
....This Rule at the instance of 3rd party petitioner is against order dated 18‑11‑93 passed by the Senior Assistant Judge, Mymensingh, sadar in SCC Execution Case No.2 of 1985 rejecting petitioner's prayer for staying further proceeding of the said Execution Case.
2. Opposite Party No.1 as plain......le at the instance of 3rd party petitioner is against order dated 18‑11‑93 passed by the Senior Assistant Judge, Mymensingh, sadar in SCC Execution Case No.2 of 1985 rejecting petitioner's prayer for staying further proceeding of the said Execution Case.
2. Opposite Party No.1 as plaintiff fi......scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
......scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
..
Category: Procedural Law | Date: | Hits: 135
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
.... rejected the application of the informant on the ground that it was not maintainable. The informant does not seem to have taken any step against the order of the Sessions Judge as well but a similar prayer was made on behalf of the prosecution before the Additional Sessions Judge when the case was ...... in Sessions Trial No.247 of 1980 taking cognizance against the petitioner and issuing non-bailable warrant of arrest against him upon holding as follows: "Since accused Abdur Razzak did not appear before this Court and no order has been passed regarÂding him and as he is allegedly the main culÂpr......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ..Category: Criminal Law | Date: | Hits: 110
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....7‑8‑1992. To utter misfortune of complainant-appellant the appeal was not heard and disposed of, though, a good number of dates been fixed for hearing, lastly on 19‑1‑2002. Ultimately, on the prayer of learned Counsel for appellant, the appeal was put down for hearing on 12-4‑2003. The app......al Uddin Mollah, Deputy Attorney-General with Mohammad Abdul Baset, Assistant Attorney-General—For the State. Criminal Appeal No.125 of 1991. Judgment AK Badrul Huq J.—Gateway to Justice for redressal of grievance by seekers of Justice now-a-Âdays faces bottleneck impairing case of Jus......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...Category: Family Law | Date: | Hits: 165
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....he suit premises as he purchased the suit premises by a registered deed and has been in possession of the same as a legal owner; hence the suit for eviction was not maintainable against him without a prayer for declaration of title and recovery of possession. The learned SCC Judge at the conclusion ......1992 restraining the defendant appellant from proceeding with the Execution Case No.10 of 1992 pending in the 1st, Court of Assistant Judge, Chittagong. Short facts relevant from the disposal of the aforesaid appeal are, that the defendant‑appellant instituted a suit being SCC Suit No.33 of 1983 f......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239...Category: Civil Law | Date: | Hits: 130
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....sion of the Supreme Court and the Appellate Division dismissed the Leave Petition affirming the judgment and order of the High Court Division. 4. The petitioner then filed a suit for damage with a prayer for conducting the suit as pauper and the application was registered as Miscellaneous Case No......BLC (AD) 1. Lawyers Involved: Md. Abdur Razzaque Miah, Advocate, Instructed by Syed Mahbubar Rahman, Advocate-on Record- For the Petitioner. Not represented-For Respondent. Civil Petition for Leave to Appeal No.683 of 2009. Judgment Md. Mamtazuddin Ahmed J. - This petition for leav......nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256.......nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256...Category: Civil Law | Date: | Hits: 118
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....s maintainable (wrongly written as Rule is maintainable) is based on wrong assumption of the case as made out in the writ petition inasmuch as from the cause title of the writ petition as well as the prayer it prima-facie appeared that the petitioner simply challenged the impugned order of terminati...... 2. Facts giving rise to C.A. No.242 of 2009 are as follows: Respondent No.1, Md. Ali Hossain as writ-petitioner (hereinafter referred to as the petitioner) filed Writ Petition No.3109 of 2006 before the High Court Division impleading the appellants as respondent Nos.1-3 and the Government of t...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 156
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....tus in the jail as per Jail Code. The Chief Metropolitan Magistrate by his order dated 4th August, 2008 directed the jail authority to take appropriate steps as per Jail Code. They also renewed their prayer to the District Magistrate but the Jail authority did not provide them Division-1 status as p......ructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdur Razzaq, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-record- For Respondent No. 1. Civil Petition for Leave to Appeal No.569 of 2011. Judgment Surendra Kumar Sinha J. - Government of Banglades......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240...Category: Criminal Law | Date: | Hits: 95
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