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Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
.........." 13. The definition as quoted above clearly shows that a complaint may be made to a Magistrate, and hence to the Senior Special as well, either orally or in writing. Keeping in view of such alternative mode, sections 200, 202 and 203 of the Code prescribe the procedure for dealing with aco......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ..Category: Procedural Law | Date: | Hits: 92
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ...... whether defenÂdants can maintain the application under Order IX, rule 13 of the Code of Civil Procedure for restoraÂtion of the suit after setting aside the said decree passed ex parte without any prayer for recovery of possession. 5. Section 7 of the Code of Civil Procedure restricted power o..Category: Civil Law | Date: | Hits: 94
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....A record. Section 143A was inserted after Section 143 by East Pakistan Ordinance No.VIII of 1967. It was however, omitted after few years by ordinance No.LXIV of 1975. So Section 143A provides for an alternative right to right to file a case before the Civil Court for correction of bonafide misÂtak......tion of SA record as the same was wrongly recorded in their names. It also transÂpires from the order sheet of Miscellaneous case No.355 of 1968 (Annexure-F(1) to the Affidavit-in-Reply) that on the prayer of the petitioner, Satinath Bandapaddhaya Son of late Jadunath Bandapaddhaya was added as opp..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....cerned or bound by the selling contract of the parties." 7. The learned Counsel lastly submits that there being no allegation of discrepancy of the documents, so the L.C. opening bank has no other alternative but to make payment. The appeal is not opposed. 8. In order to appreciate his subm......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ..Category: Business or Commercial Law | Date: | Hits: 365
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....d using the same in their business in collusion with the dishonest officials of the bank. Therefore, in order to carry out the obligation pursuant to the decree of the Arthorin case they had no other alternative but to institute the instant suit. We have carefully examined the admitted papers which ......ff being contrary with the undertaking given by Siemens dated 15.9.1999 is collusive, mala fide, fraudulent, illegal and not binding upon the plaintiffs. The plaintiff-respondents also made a further prayer by way of declaration that the defendant No.1 Siemens is bound to pay the decreetal amount of..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......nced that the writ petitioners prayed for withdrawal of the said title suit from the Court of Assistant Judge, Second Court, Dhaka and the learned Assistant Judge by order dated 24-6-2003 allowed the prayer of the writ petitioners and withdrew the Title Suit from his Court. 4. In this writ petiti..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....y having claimed title in the suit land by the disputed 4 deeds dated 17-2-1973 cannot claim title by adverse possession subsequently as there is a legal bar in claiming title at the same time by two alternative ways. The learned appellate Court then held that the disputed 4 deeds dated 17- 2-1973 a......t the relevant time, had no locus standi or legal authority to transfer the suit land on behalf of the minor. The learned appellate. Court further held Thai The suit as framed is maintainable without prayer for cancellation of the disputed deed. The learned appellate Court further found that the pre..Category: Procedural Law | Date: | Hits: 69
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......quiry 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 of the Court of Settlement shall be fin..Category: Property Law | Date: | Hits: 77
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......e police after investigation submitted a charge sheet and the criminal case being Kotwali Police Station Case No.6(2)79 under sections 420/471/109 of the Penal Code was started. The petitioner made a prayer under section 344 of the Code of Criminal Procedure for staying the proceeding of the crimina..Category: Procedural Law | Date: | Hits: 71
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......n behalf of the preemptors in support of their respective cases. 5. The trial Court on consideration of the evidence and the materials on record by judgment and order dated 13.09.2001 rejected the prayer for pre-emption by dismissing the case on finding that this sale in question was done with co..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......her materials on record. 11. The petitioner corporation filed Miscellaneous Case for realization of the loan money with interest amounting to Tk. 2,17,253.44/- and the trial Court allowed the said prayer. 12. Thereafter petitioner corporation filed Miscellaneous Execution Case against the judg..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......rt is always competent to extend such time for the ends of justice. 7. Elaborating, he submitted that had the period of time been prescribed by any statute, then, the Court could have refused such prayer since in that case the Court would have no jurisdiction to extend time; but when the time was..Category: Civil Law | Date: | Hits: 281
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ...... attend the hearing under section 241A of the Code of Criminal Procedure. 3. Mr. Md. Khurshid Alam Khan the learned advocate appearing on behalf of the Opposite party No.2 has strongly opposed the prayer for bail withÂout bringing any allegation for misuse the privilege of bail alleging that in ..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ore Hafazat Nirapad Abssan are directed to set at liberty the vicÂtim Mosammat Rokeya Dil Afroz Munmun forthÂwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......n perusal of the record, it appears that an was filed on behalf of the victim before the Nari Shishu Nirjatan Daman Tribunal No.1, Dhaka to allow her to go at her own Jimma but the Judge rejected the prayer by his order dated 25-07-2011. 9. Being aggrieved by and dissatisfied with the order dated..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....t Ain and the Writ Jurisdiction The judgment and decree of the Artha Rin Adalat cannot be interfered with invoking the writ jurisdiction under Article 102 of the Constitution, as there is an alternative provision for appeal against a judgment of the Artha Rin Adalat under the Ain, 2003…â€......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 254
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......o costs. 50. Mr. Mahmudul Islam, learned Advocate for Respondents Nos.1 and 2, prays for staying operation of the Judgment for one week to enable him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case ..Category: Business or Commercial Law | Date: | Hits: 462
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ......itioner A. Aziz Mollick calling upon sole State opposite party to show cause as to why impugned order dated 4.10.2007 passed by learned Sessions Judge and Special Tribunal No.1 Brahmanbaria rejecting prayer of the petitioner under section 516 A of the Code to take in his Jimma the Truck Dhaka Metro ..Category: Procedural Law | Date: | Hits: 194
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......e Mart. Plaintiff also prayed for appointment of an Advocate comÂmissioner for making any inventory of the goods in stock in trade on holding accounts of the firm By order dated 23.1.81, plaintiff's prayers were allowed. One Advocate comÂmissioner was appointed to prepare an inÂventory of stock i..Category: Procedural Law | Date: | Hits: 146
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......ent for obtaining necessary sanction order against the accd. person from the authority concerÂned on the grounds stated therein. Heard. Since this is a commission on the part of the prosecution, the prayer for adjournment for obtaining necessary sanction order is allowed for ends of justice. The pr..Category: Criminal Law | Date: | Hits: 62
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....n 420 of the Penal Code now pending in the Court of Chief MetropoliÂtan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......ting aside the order of the Additional Sessions Judge, 2nd Court, Dhaka in Criminal Revision No.316 of 1983 under sections 435 and 438 of the Code of Criminal Procedure rejecÂting the petitioner’s prayer for making a referÂence to this Court recommending quashment of the said Criminal Case. 3..Category: Criminal Law | Date: | Hits: 67
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