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Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....iff filed two separate G.D. entry being No.1059 dated 15.6.98 and 1188 dated 17.6.98 respectively in the local Sabujbagh Police Station against the defendants and finally the plaintiff found no other alternative to take shelter of the Civil Court by filing this suit for permanent injunction against ......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....to be credible and the same is consistent with FIR also. So, if we consider the confessional statement of Delowar Hossain along with the evidence of P.Ws.1, 2, 3 and 4 there would have not better alternative but to find him guilty under section 396 of the Penal Code. 46. The trial Court found......iately after occurrence on 26-8-1996. Thereafter, without producing him within 24 hours as provided in sections 161 and 167 of the Code police produced him on 29-8-1996 before the Magistrate with a prayer for 5 days police remand which was allowed by the Magistrate and when he was in police remand..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... or the lessee. Learned Advocate then relied on the case of Arun Kumar Pal Vs. Assistant Custodian of Enemy Property (Land and Building) and ADC (Rev), 1983 BCR 225, where it has been held that, mere prayer for lease of the property from the Deputy Custodian of Enemy Property does not stop a person ..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessions Judge, Second Court, Dhaka in Sessions case No.132 of 1984 rejecting the prayer for revival of the said case should not be set aside. 2. Facts relevant for the disposal o..Category: Procedural Law | Date: | Hits: 102
....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
..
Category: Fiscal/Taxation Law | Date: | Hits: 119
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......itan Special Tribunal No.7, Dhaka in Metropolitan Special Tribunal Case No.1462 of 2004 arising out of Mirpur Police Station Case No.61 dated 18.9.2004 under section 19A of the Arms Act rejecting the prayer for bail of the accused appellant. 2. Briefly, the facts the prosecution case are that S.I..Category: Criminal Law | Date: | Hits: 92
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......d Advocate further submits that the learned Judge of the trial Court committed mistake in not allowing the stay petition filed by the accused-petitioner and, as such, the impugned order rejecting the prayer is liable to be set aside. 5. Mr. Md. Khurshid Alam Khan, the learned Advocate appearing o..Category: Procedural Law | Date: | Hits: 128
....ions reported in Government of Bangladesh Vs. Iqbal Hasan Mahmood, 13 MLR (AD) 333 = 60 DLR (AD) 147 and Nesar Ahmed Vs. Bangladesh, 49 DLR (AD) 111 on the ground of maintainability of writ even when alternative remedy is available.
6. Mr. Abdus Samad Kamal, the learned Deputy Attorney-General, o......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
..
Category: Administrative Law | Date: | Hits: 494
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ...... to complete the work of the project as per schedule. On 2‑1‑91 they informed the plaintiff in writing that the progress of the work of the plaintiff was very unsatisfactory. Subsequently, on the prayer of the plaintiff they extended time and allowed the plaintiff contractor to complete the work..Category: Alternative Dispute Resolution | Date: | Hits: 543
Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)
....f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ......llant. Golam Mohammad Chowdhury, Deputy Attorney-General-For the Respondent. Criminal Appeal No.706 of 2003. Judgment SAN Mominur Rahman J.- This appeal is against an order refusing the prayer for bail. It has been submitted by the learned Advocate for the appellant that this case is u..Category: Criminal Law | Date: | Hits: 79
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
.... Court, Dhaka in Title Suit No.181 of 1994 are hereby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ...... place sewerage line over the suit land is illegal, arbitrary and act of high handedness and prayed for permanent injunction against construction of sewerage line. But after the construction the said prayer was amended and new prayer for passing a decree for mandatory injunction directing the defend..Category: Procedural Law | Date: | Hits: 137
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......t of the petitioner, the Bank by creating AAM facilities released the goods. The period of repayment of loan expired on 31-12- 1987 but the petitioner did not adjust the same. Thereafter, the Bank on prayer of the petitioner again sanctioned cash credit loan of Taka 20, 00,000 on pledge basis and sa..Category: Constitutional Law | Date: | Hits: 334
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......er filed a petition of complaint on 24‑8‑92 against accused‑opposite parties Nos.2 and 3 before the Senior Special Judge, Bagerhat under section 4 of the Criminal Law Amendment Act, 1958 with a prayer for taking cognisance under sections 161 and 165A of the Penal Code alleging, inter alia, tha..Category: Criminal Law | Date: | Hits: 130
....
Vs.
Controller of Examinations, Dhaka University and others…………………………….Respondents
Judgment
October 26, 1997.
Result:
The Rule is discharged.
Where scope of alternative remedy by way of appeal is available in law, without preferring appeal, the writ is not ......ersity starting from 29th December, 1990 and demanded to review the result withheld by the Controller of Examination. All Party Students Union (Apsu) made representation to the Vice Chancellor with a prayer to withdraw the impugned order who in his turn was pleased to give word of honour that the ma..
Category: Constitutional Law | Date: | Hits: 300
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....he implication of law and illegally held that the property is an abandoned property after the property being released by the appropriate authority, namely, the SDO, Dhaka. The Government has no other alternative but to restore the possession of the property to the real owner. We find substance in th......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ..Category: Property Law | Date: | Hits: 71
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......10,175.10 behind their back and being aware they filed an application before the Land Acquisition Officer, Bogra claiming the amount but no action was taken. Hence the suit was filed with the above prayer. 5. The defendant No.1 Government contested the suit by filing a written statement. Its ca..Category: Procedural Law | Date: | Hits: 111
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......petitioners of aforesaid four writ petitions on 27-6-2010 and 4-7-2010. Then after cancellation of those appointments the respondent No.4, who was the petitioner of Writ Petition No.6791 of 2010, prayer for getting the said writ petition discharged and in view of the cancellation of the order of..Category: Employment/Service Law | Date: | Hits: 148
....sentation not only by the respondent No.5 but also by the writ petitioner, since a copy of Annexure-E was also served upon him to which he did not respond. The respondent No.2 therefore, had no other alternative to enforce the terms of the privatization agreement then to cancel the Annexure-C, whi......t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
..
Category: Administrative Law | Date: | Hits: 299
Islamic Democratic Party (IDP) Vs. Bangladesh Election Commission and others, 2008, 37 CLC (HCD)
....r as a political party cannot be substituted by the satisfaction of this Court. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 12. ......বিধিমালা-২০০৮”, the Election Commission illegally rejected the application for registration. 3. Mr. S.N. Goswami, the learned Advocate for the petitioner submits that the prayer for registration of the petitioner as a political party was refused without affording it an o..Category: Election Law | Date: | Hits: 723
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......ut they were not produced for cross-examination inspite of issuance of witness warrant. Petitioner moved the Metropolitan Sessions Judge, Dhaka vide Criminal Miscellaneous Case No.808 of 2008 but his prayer for bail was rejected and hence moved this Court for bail and obtained the present rule. 6..Category: Criminal Law | Date: | Hits: 88
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