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Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
....urt having found that the plaintiffs had failed to prove their title and possession ought to have held that the suit was not maintainable under section 42 of the Specific Relief Act in the absence of prayer for consequential relief. The suit for a simple declaration was not maintainable under sectio......and reversing the Judgment and decree dated 28.5.1986 and 3.6.1986 passes by the Upazila Munsif, Upazila Moladi, District Barisal in Title Suit No.197 of 1985 should not be set aside. 2. The facts for the disposal of the Rule is as follows: Petitioners as plaintiffs riled title suit being Titl...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ..Category: Civil Law | Date: | Hits: 130
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......ates - For the Appellant. SA Hasan, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.2016 of 1991. Judgment Qazi Shariuddin J.- Accused Abdur Razzak @ Geda stood trial before the learned Assistant Sessions Judge and Special Tribunal Sylhet who found him guilty of the of......ccused‑appellant has been prejudiced by absence of charge or framing the charge at a belated stage just immediately before the delivery of the Judgment. Section 232 CrPC contemplates a now trial or remanding of the case to the trial Court in such a situation. 9. In this caw the FIR shows that t......e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457...Category: Criminal Law | Date: | Hits: 144
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
.... plaintiff is going to introduce a new story. I have gone through the petition. In my opinion the nature and character of the plaint will not be changed if the proposed amendment be allowed. Thus the prayer is allowed. Amend the plaint and register accordingly and treat this petition as part of the ......an Khan J.- These two Rules were obtained by Nitai Chand Saha and his younger brother Umananda Saha who figured as defendant No.1 respectively in the two suits brought by the plaintiff opposite party for specific performance of an alleged contract. The Rules are directed against the orders of the ......d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61.......d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61...Category: Civil Law | Date: | Hits: 132
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
....nd Mr. Jalaluddin, filed Criminal Appeal No.2746 of 2007 before the High Court Division challenging the judgment and order dated 13.6.2007 passed by the Special Tribunal No.6, Comilla rejecting their prayer for bail and that the above appeal was admitted on 30.7.2007 and further, on the basis of the......nt March 9, 2009. Result: The petition is dismissed. Lawyers Involved: Md. Abu Siddique, Advocate-on-Record-For the Petitioner. None represented-For Respondent. Criminal Petition for Leave to Appeal No.106 of 2008. Judgment Md. Tafazzul Islam J.- This petition for leave to...... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82....... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82...Category: Criminal Law | Date: | Hits: 146
Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)
....uction sale. 3. Mr. A.M. Ameen Uddin, learned Advocate, appearing for the petitioner submitted that the decree holder Bank did not take any ground in the High Court Division that in spite of their prayer their application under Order XXI rule 90 of the Code of Civil Procedure has not been registe......issed. Lawyers Involved: A.M. Ameen uddin, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. None represented-For Respondent. Civil Petition for Leave to Appeal No.395 of 2008. Judgment Mohammad Fazlul Karim J.- This Petition for Leave......as not been registered as a judicial Miscellaneous case and the executing Court having decided the application on merit and having not decided on a preliminary point, the High Court Division erred in remanding the case to the executing Court in exercising its power beyond the scope of Order 41 rule ......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ..Category: Others | Date: | Hits: 140
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....r, Local Government, Rangpur who by Memo No. Shtha/153 dated 30-3-1994 submitted a report to the respondent No. 1. The copy of the said report was not served upon the petitioner. Subsequently, on the prayer of the petitioner on 1-12-1994 a copy of the same was supplied to him by Memo No. 1107 dated ......াসবি/উপ-১/প১/২০০০/৭৭(১)(৩) (Annexure L) dismissing the appeal should not be declared to have been made without any lawful authority and to be of no legal effect for having failed to conclude the proceeding drawn against the petitioner within 180 days from the d......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ..Category: Employment/Service Law | Date: | Hits: 180
Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
....favour of respondent Nos. 3 and 4, issued under the signature of respondent No.2 (Annexure F and G) should not be declared to have been made without lawful authority and is of no legal effect. On the prayer of the petitioner, there was an order of stay for regularisation of appointments of the respo......ladesh at the instance of Dr. Md. Alamgir, calling upon the Vice Chancellor, Bangladesh University of Engineering and Technology (BUET) and another to show cause as to why they should not be directed for finalisation of selection and appointment of the petitioner to the post of Assistant Professor i......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398.......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398...Category: Employment/Service Law | Date: | Hits: 160
Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)
....ommitted illegality in suo moto converting the money suit into Artha Rin Adalat Suit as the suit has been filed against an employee of the bank who has misappropriated the bank’s money. There is no prayer for realisation of money from any loanee. The Artha Rin Ain is meant for realisation of money......med in the list are all fictitious persons and the defendant who was the manager at the relevant time by practising fraud upon the bank misappropriated the amount allegedly distributed to the loanees for which he was liable to pay to the bank. 3. The suit was filed before the learned Subordinate ......within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173...Category: Civil Law | Date: | Hits: 202
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....e then expelled him from the roll of the members of the club and hence the suit. The suit is pending before the trial Court. 4. In the suit an application was riled for temporary injunction with a prayer that till disposal of the suit the petitioner should not be disturbed from taking part in the...... appeal and setting aside the order of temporary injunction passed on 7‑10‑95 by the Assistant Judge, Dhaka. 2. The petitioner Monwar Ali claims that he is a permanent Member of the Dhaka Club for the last 15 years and he has been illegally expelled from membership of the club by a letter dat......28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ......28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ..Category: Civil Law | Date: | Hits: 110
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
.... maintainability of the suit the learned Subordinate Judge was of the view that. "The plaintiffs are out of possession of the disputed properties and as such this suit for simple partition without prayer for declaration of title and recovery of khas possession of their share and without payment...... Original Decree No.45 of 1977. Judgment Ranadhir Sen J.- This appeal at the instance of the plaintiffs is directed against a Judgment and decree of the learned Subordinate Judge in a suit for partition. 2. The case of the plaintiffs in brief is that the schedule land of the plaint be......d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11...Category: Property Law | Date: | Hits: 93
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
....essions Judge thereupon issued the following order on 1.8.79: "Accused persons present in dock. Witnesses file hajira. Mr. Moor Mohammad Khandaker, A.P.P. appears and he files a petition with a prayer for adjournment and also prays for issuance of summons upon the accused Mollah who has no......Deputy Commissioner Dacca to show cause why the order dated 1.8.79 passed by Mr. Asaduzzaman, Additional Sessions Judge, Dacca issuing summons upon the accused petitioner Fazlul Huq Haider @ Mollah for standing trial as an accused in Sessions Case No.95 of 1978 should not be set aside. 2. On 7....... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ..Category: Criminal Law | Date: | Hits: 92
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....e pending before the Magistrate before submission of the police report." 9. Mr. Md. Khairul Alam, the learned Advocate for the petitioner submits that as the Magistrate, rejecting the petitioner's prayer for bail, sent the petitioner in Hajot so it is to be said that the proceeding is pending and......the Court of the Chief Judicial Magistrate, Rangpur (Annexure-A) should not be declared to have been initiated and issued without lawful authority and is of no legal effect. 2. The relevant facts, for disposal of this Rule, in short, are that on 18-4-2008 one Md. Hasan Ferdous Sarker, Senior Upaz......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54...Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....n in suit land and transfer the same, then there will be multiplicity of suit. He adds that for the ends of justice defendants should be restrained by an order of temporary injunction in terms of the prayer. 4. The learned Advocate appearing for the opposite party No.1 opposes the Rule and submit...... District Judge, Second Court, Dhaka, dismissing Misc. Appeal No.38 of 2004 and affirming those of dated 16-2-2004 passed by learned Joint District Judge, second Court, Dhaka rejecting an application for temporary injunction in Title Suit No.350 of 2003. 2. Material facts are that on 23-9-2003 pl......6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51.......6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51...Category: Civil Law | Date: | Hits: 111
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....t No.207 of 1997 in the Court of learned Subordinate Judge, 2nd Court, Narayanganj which was subsequently renumbered as Title suit No.10 of 2001. The plaintiffs instituted the suit with the following prayers:— উপরোক্ত যাবতীয় অবস্থাধীনে বাদী...... extinguishing proprietary right in 65 decimals of land of SA Plot No.573 and RS Plot No.79 and 80 and asked to submit objection, if any, within 30 days in the office of the defendant No.3. Being informed about the said Memo dated 7-7-1997 the plaintiffs submitted their registered title deeds, ren...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37....... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...Category: Property Law | Date: | Hits: 147
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....he possession of such land or interest." 13. The present suit is a suit for setting aside the ex parte decree passed in a suit for specific performance of a contract. In the plaint of this suit, prayer has been made by the present petitioners for setting aside of the entire ex parte decree of t......er Ali, Subordinate Judge, Kushtia in Misc. Appeal No.11 of 1984 reversing those dated 12.1.84 passed by Mr. Md. Monjur Kader, Munsif, Kumarkhali in Titie Suit No.173 of 1983 rejecting an application for dismissing the suit on the ground of non-maintainability. 2. The present petitioners as pla......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... informant Naik Subeder Majibur Rahman, B.D.R.,Dinajpur moved the learned Sessions Judge, Dinajpur on an application under section 435 read with section 436 of the Code of Criminal Procedure with a prayer for setting aside the impugned order of discharge and for further investigation or for taking......ourt of Sessions Judge (Special Tribunal No.1), Dinajpur should not be quashed. 2. The facts of the case, briefly stated, are:— Naik Subedar Majibur Rahman, B.D.R. Dinajpur lodged a First Information Report with the Kotwali police station alleging, inter alia, that on receipt of the secr...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ..Category: Criminal Law | Date: | Hits: 103
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....his, revisional application and obtained the present Rule. 5. An affidavit-in-opposition has been filed by the opposite party Shilpa Bank stating that the petitioner has not correctly stated the prayers made in Title Suit No.356 of 1984. It prayed for a declaration that the claims of the opposi...... section 10 C.P.C. should not be set aside. 2. Facts in short are that the petitioner as plaintiff instituted Title Suit No.356 of 1984 (previously T.S. No.14 of 1981) against the opposite party for a declaration that the opposite party-Bank having taken exchange risk commission cannot put into......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ..Category: Civil Law | Date: | Hits: 119
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....ed 26‑6-86 removing the plaintiff from the service of Assistant Headmaster of Rajshahi Girls High School, Rajshahi is illegal, collusive and against the principle of natural justice and also with a prayer for decree of permanent injunction restraining the defendant‑petitioner and others not to g......tuted the instant suit being other class suit No.133 of 1986 in the Court of the learned Senior Assistant Judge, Sadar Upazila, District Rajshahi impleading the present petitioners and others praying for declaration that the resolution dated 24‑6‑86 adopted by the defendants and communicated vid......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ..Category: Employment/Service Law | Date: | Hits: 166
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
....or a declaration that the order of termination of their services passed on 17.09.1981 by the petitioner is illegal, void, without jurisdiction, mala fide and not binding upon them. There was also a prayer or mandatory injunction directing the petitioner to allow the plaintiff-opposite parties to c......, Barisal in Title Appeal No. 59 of 1985 affirming those of the learned Munsif, 1st Court, Barisal passed in Title Suit No.64o of 1984. 2. The plaintiff opposite party Nos.1-11 instituted the suit for a declaration that the order of termination of their services passed on 17.09.1981 by the petiti......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ..Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....ore murdering Shashanka, in October, 1987. 45. Accused Badsha was arrested at Comilla on 15‑11‑89 and he was produced before the Upazila Magistrate, Brahmanbaria on 16‑11‑89 when on the prayer of the Investigation Officer 7 days' police remand was allowed. Accused Badsha, however, made......iminal Appeal No.1437 of 1991. Judgment Md. Badruzzaman J.- The Reference under section 374 of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Brahmanbaria, for confirmation of the sentence of death imposed upon accused Tajul Islam, Abdul Hossain, Feroz Mia...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..Category: Criminal Law | Date: | Hits: 139
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