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Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......e missing, it disentitles the applicant to get a favourable order. ……………..(10) Prima-facie case is not only to be gathered from the pleadings of the parties but also from the papers and documents that the parties may choose to file while arguing the injunction matter. A plaintiff may m..Category: Procedural Law | Date: | Hits: 26
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......rt of Magistrate. These two Sections indicate that when an accused is brought for trial before a Court of law the Court upon hearing the parties and on consideration of the record of the case and the documents may discharge the accused. These two Sections have nothing to do with quashing of a procee..Category: Criminal Law | Date: | Hits: 24
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....y it is stated that the Attorney did not receive any bills from the authority to the satisfaction of the company because in the voucher of the cheque delivery (Annexure-2)(a) there is no mention of bank cheque number or date and in that view of the matter, it clearly appears that the Attorney did ......Act, 1940 makes it clear that after an award is given any party to the arbitration agreement may request the arbitrator to cause the award or a signed copy thereof together with the depositions and documents which might have been taken and proved to be filed in Court if the Arbitrator or umpire do..Category: Alternative Dispute Resolution | Date: | Hits: 96
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ...... Bey Industries Inc through L/C No.DC HKH 673495 dated 29.10.2000 and L/C No.DC HKH 660006 dated 30.11.2000, the complainant manufactured all the ordered garments and in order to receive the original documents and make shipment of the consignment, the nominated Forwarder of the American buyer appear..Category: Criminal Law | Date: | Hits: 114
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ..Category: Criminal Law | Date: | Hits: 134
Category: Property Law | Date: | Hits: 57
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. ...... of any document; (c) Requiring evidence on affidavit; (d) Requisitioning any public record or copy thereof from any office; and (e) Issuing commissions for the examination of witnesses or documents. (3) Any proceeding before a Court of Settlement shall be deemed to be a judicial pro..Category: Property Law | Date: | Hits: 66
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....ution does not arise at all. Whether notices/summons were properly served or not or whether the petitioner was a guarantor/ mere a shareholder of the borrower company or borrowed money from the bank or not are disputed question of facts and for which remedy lies in the Civil Court and, not und......y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ..Category: Procedural Law | Date: | Hits: 114
Category: Civil Law | Date: | Hits: 145
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......s again filed second Execution Case No.99 of 2010 and that the defendants were trying to collusively hand over the suit cold storage. Thereafter, the trial Court have found that there was no reliable documents on record to show that the plaintiff has paid to defendant No.1-3 Tk. 40 lakh to purchase ..Category: Administrative Law | Date: | Hits: 212
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....Ain is to be followed before taking action under section 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......Ain is to be followed before taking action under section 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ..Category: Civil Law | Date: | Hits: 159
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....-8-2006 (Annexure-E to the writ petition) passed by the Artha Rin Adalat No.4, Dhaka, in Artha Execution Case No.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal effect. ......ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ..Category: Civil Law | Date: | Hits: 139
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. ......he hand written receipts show payment of salami of TK. 22 in 1320 B.S. and rent of TK. 2 for that year and also payment of rent at the rate of Taka 2 for the subsequent years upto 1347 B.S. But these documents are totally silent about the name of the tenant and there is no description of the land. I..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. ......nd increase the sufferings of the parties manifold. So, I have decided to dispose of the case on merit without sending back the case on remand to the appellate Court below since all the materials and documents are available on record as this Court is competent to consider and decide the case finally..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. ...... at the time of purchase defendant Nos.1 and 2 were 18 and 12 years of age respectively and were employed in weaving factory. It is also contended by the learned Advocate that inability to file title documents including rent receipts by the plaintiff‑petitioner also proves the claim of the defenda..Category: Civil Law | Date: | Hits: 59
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......the plaint's case, P.W. 2, Kala Mia son of late Munsur Ali, P.W. 3 Kala Mia son of late Sekander Hossain, P.W. 4 Md. Bazlul Hoq, were examined to corroborate the evidence of P.W. 1. They proved their documents which were exhibited and marked as Exhibits 1-5 Defendant examined five witnesses, of them..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ......of parties, limitation and whether or not the pre-emptor was entitled to any relief as prayed for. 7. The pre-emptor examined 3 P.Ws. and pre-emptee No.2 examined 2.O. P.Ws. The pre-emptor adduced documents which were marked as Exhibit Nos.1-3 and the documents adduced by pre-emptee No.2 were mar..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
....LR (AD) 182 while considering the last seen theory our Appellate Division held: "The position, therefore, comes to this that the third circumstance, that of seeing the three boys together near the bank of the river where the victim's body was found was not satisfactorily established. The circumst...... 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. ..Category: Criminal Law | Date: | Hits: 43
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......shid, the learned Assistant Attorney General appearing for the opposite party No.2 (State). We have also perused and considered the application under section 561A, the supplementary affidavit and the documents annexed. 4. Opposite party No.1, FDC filed the above noted compliant case stating that ..Category: Criminal Law | Date: | Hits: 66
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ...... examination of the P.Ws., the accused Nur Hossen was examined under section 342 of the Code of Criminal Procedure to which he again pleaded not guilty and declined to adduce any evidence or file any documents. 8. The defence case as it appears from the trend of cross-examination of the P.Ws. by ..Category: Criminal Law | Date: | Hits: 77