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Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....vernment and the Section Officer praying for delivery of the remaining land and also for extension of time for construction of the building. On 30.11.69 premium due was paid and on 1.1.70 again the prayer for extension of time was made. 4. It is stated by the petitioner that without giving any ......on of the leasehold plot No.151, Motijheel Commercial Area, Dhaka measuring 7 kathas and 8 chattaks as mentioned in the deed of lease (Annexure C) to the petitioners. 2. The short facts relevant for the disposal of this Rule are that the petitioner before us was previously a proprietorship bu......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ..Category: Property Law | Date: | Hits: 115
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....t this court may call, for the same for due perusal and verify the truth of above grievance of the accused appellant. It has been pointed out that appellant in such regard already filed petition with prayer to call for the said GD concerned. We do not see it necessary to call for the GD as prayed fo...... Station Case No.9 dated 27‑3‑98 corresponding to GR Case No.21 of 1998 convicting the appellant Abdul Majid under section 364 of the Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Taka 2,000 in default to suffer rigorous imprisonment for 1 (one) ye......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486.......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486...Category: Criminal Law | Date: | Hits: 112
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....ment for release of the suit‑property from the list of abandoned properties as published in the Gazette and the Court of Settlement ultimately after hearing both the sides was pleased to allow the, prayer of the plaintiff by its order dated 14.10.92. Meanwhile the suit was finally heard and decree......ner. NH Khandker, Advocate ‑ For the Respondent No.1 Opposite Party. First Appeal No.73 of 1994. Judgment Md. Ansar Ali J.- This is an application by defendant respondent No.8 praying for stay of further proceedings of the Execution Case No.3 of 1993 pending in the Court of the Addit......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208....... Appeal of 1986 affirming the ex parte Judgment and decree dated 11.2.86 passed by the Assistant Judge, 2nd Court Sadar, Mymensingh in OC Suit No.492 of 1981 decreeing the suit. 2. The short facts for disposal of the Rule are that the opposite party government as plaintiff instituted a suit for d......ice the case should be remanded to the trial Court for hearing on the point of limitation. 11. I have already observed that the Courts below committed errors of law and I find no justification for remanding the case to the trial Court. In the result, the Rule is made absolute, however, without...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208...Category: Limitation Law | Date: | Hits: 239
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....the accused Kawsarun Nessa was a minor being aged under the age of sixteen years and, as such, she cannot be tried together with her mother, an adult accused. But the learned trial Court rejected the prayer. 31. As per the above definition, the accused appellant Kawsarun Nessa, a minor, ought t......inst the Judgment and order dated 13.8.1985 passed by the learned Sessions Judge, Narayanganj in Sessions case No.18 of 1985 convicting the accused appellants namely, Sahera Khatun and Kawsarun Nessa for the offence punishable under sections 302/34 of the Penal Code and sentencing each of them there......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ..Category: Procedural Law | Date: | Hits: 155
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....he said amendment application in rendering the decision that by the order No.16 the amendment was refused as because some persons and institution were attempted to be impleaded as parties but similar prayer having not been made there remained no ground for the commencement of the case afresh and by ......r of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400...Category: Civil Law | Date: | Hits: 200
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....f hearing of the injunction was filed on 3.8.1988. On that date the plaintiff filed another application for amendment of plaint under Order 6, rule 17 of the Code of Civil Procedure for addition of a prayer for declaration that the alleged election held in violation of the Court's order was void and...... Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Company Vs. Hawkesford, 37 L.J. 248; Mian Sultan Ali Nanghiana Vs. Mian Nur Hussain P.L.D. 1949 Lahore 301. Lawyers......ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
.... the vessel, in its normal course, arrived at Chittagong Port on 27‑1‑1997, for discharging its cargo this suit was filed on 28‑1‑1997 praying for the decree as mentioned above with a further prayer for arrest of the vessel, which was also allowed. In due course the said vessel was released ......e Plaintiff. SK Siddique, with Al‑Amin Sarkar, Advocates—For the Defendants. Admiralty Suit No.5 of 1997. Judgment ABM Khairul Haque J.-This Admiralty Suit has been instituted praying for a decree for an amount of US $ 84,131.63 equivalent to Taka 35,33,519.64, against the principal ......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
.... stating therein that unless the thumb impression of the defendant No.3 is examined by a finger print expert, he will be highly prejudiced and shall suffer irreparable loss and accordingly, he made a prayer for issuance of warrant of arrest against the defendant No.3 to ensure her presence in court ......d Ahammed J.- This Rule has been obtained by the plaintiff Md. Najabatullah against the defendant opposite parties 1-3 of Title Suit 7 of 1984 which has been filed by the petitioner as sole plaintiff for specific performance of contract on the basis of a bainapatra (deed of agreement) alleged to hav......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454...Category: Procedural Law | Date: | Hits: 137
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....also shown to have been taken settlement of the same from the government collusively and fraudulently. 6. It is also the case of the government that the defendants 1-4 have already made written prayer for settlement of the suit land of the suit holding to them as landless agriculturists. Defen......torney-General — For the Opposite Party. Civil Revision No.2199 of 1990. Judgment Abu Sayeed Ahammed J.- This Rule issued at the instance of the plaintiff in Title Suit 80 of 1988 for permanent injunction. 2. Trial Court decreed the suit by its judgment dated 22-11-88. The ......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447...Category: Property Law | Date: | Hits: 103
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....inding up of the said company which was admitted by the learned Company Judge on 24.3.87; that the said Company appeared in the matter and filed an affidavit‑in-opposition on 21.7.87 opposing the prayer for winding up of the Company; but the said affidavit-in‑opposition was ultimately struck...... Ltd., 28 DLR (AD) 70 . Lawyers Involved: S R Pal with T Islam and AKM Nazrul Islam, Advocates- For the Appellant (In Appeal No. 13 of 1991). Rafiq-ul-Huq with Md. Fazlul Houque, Advocates- for the Appellant (In Appeal No.12 of 1993). Khondoker Mahbuddin Ahmed with AQM Fazlul Huq Khan, ...... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452....... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452...Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....20. Petitioners application for issuance of fresh Rule challenging the acquisition of the disputed land, in our view, also suffers from laches and inordinate delay. In that view of the matter belated prayer for issuance of fresh Rule challenging issued the said Gazette Notification dated 4.10. 1951 ......d others………………..…………...Petitioners. Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Land Administration & Land Reforms, Bangladesh Secretariat, Dhaka and others ………………………………Respondents. ......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ..Category: Property Law | Date: | Hits: 121
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....6.79. It has been stated in the plaint that Ataur Rahman who was a wage‑earner in the United Kingdom influenced the defendant No.1 who was the Chairman, that the said defendant No.1 turned down the prayer of the plaintiff for adducing evidence in the arbitration proceedings and that the award was ......passed by the learned Subordinate Judge, 2nd Court, Sylhet in Title Suit No.423 of 1981 rejecting the plaint under Order 7 rule 11 of the Civil Procedure Code. 2. This plaintiff instituted the aforesaid suit for a declaration that the award dated 5.8.79 given by the defendants 1‑6 and Mvi. A......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428...Category: Alternative Dispute Resolution | Date: | Hits: 362
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....uru Dasi Vs. Sarbanada Mahaldar and others reported in PLD 1961 Dhaka 243 (244) Hamoodur Rahman, J (as his Lordship then was) treating an application for revision as a memorandum of appeal on the prayer of petitioner observed: "There is abundant authority for the proposition that for the end......MS Ali J Zehad Ali..........................Appellant Vs. Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and another Vs. Umrao Singh and a......ely that an additional evidence was required to be taken in this regard as aforesaid, for the ends of justice, he himself could have taken such evidence under Order 41, rule 27, C.P.C. instead of remanding, the suit mainly for that purpose although this rule 27 is not intended to enable a part....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..Category: Property Law | Date: | Hits: 115
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... 1964 by the Assistant Judge, Cox’s Bazar. On 27-5-1992 the heirs of the decree holder filed an application for proceeding with the execution case and the Assistant Judge, Cox’s Bazar allowed the prayer of the decree holders by his order dated 27-5-1992 and fixed 3-6-1992 for taking necessary op......ent debtors. 2. Facts that have given rise to this Rule, in brief, are that the plaintiff brought Title Suit No.173 of 1961 in the Court of the then Munsif, Cox’s Bazar against the defendants for declaration of his title to the suit land and for khas possession after demolition of the struct...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ..Category: Property Law | Date: | Hits: 94
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
.... and 1997 both the posts of Auditor Ministry of Education and Ministry of Finance were getting the same scale. On 9-7-2008 the petitioner No.2 submitted an application to the respondent No.3 in which prayer was made to take steps to remove discrimination about the scale of the petitioners with other......issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to the this court may seen fit and proper. 2. The relevant facts which are required for disposal of the writ petition are that on 13-4-2009 the respondent No.5 issued a letter under Me......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458...Category: Administrative Law | Date: | Hits: 421
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
.... was filed on 22-11-86 and in presence of the both the parties and their learned Advocates, the case was fixed on 5-4-1995 for further hearing, in default, ex parte hearing after allowing adjournment prayer for the last time filed by the defendant No.1. On 4-5-1995, defendant No.1 filed an adjournme......er dated 10-11-1999, operation of the Judgment and decree dated 10-4-1995 passed by the Subordinate Judge, Arbitration Adalat, Dhaka in Title Suit No.106 of 1992 was stayed. 3. The necessary facts for disposal of the Rule are that on 4-1-1978, the opposite party No.1 Mr. AKM Shamsul Alamin (since......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..Category: Procedural Law | Date: | Hits: 170
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....gress into any point touching upon the merit of the respective cases against the petitioners. 11. Moreover, front the perusal of the writ petition No.4202 of 2009 in paragraph No.19 as well as the prayer 'd' it appears that the writ petitioners without surrendering before any Court of law filed t....... In writ Petition No.4206 of 2009 initiation of Tejgaon PS Case No. 53 dated 19-3-2009 under sections 5(2) of the Prevention of Corruption Act, 1947, sections 420/409/109 of the Penal Code pending before the Court of Chief Judicial Magistrate, Dhaka has been challenged by the petitioners. 3. Sim......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ..Category: Criminal Law | Date: | Hits: 107
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
.... the learned Advocate and perused application along with its annexures and gone through the decision referred by the learned Advocate. 5. Learned Deputy General appearing for the State opposes the prayer for bail. 6. On the other hand Mr. Md. Khurshid Alam Khan, learned Advocate for the Anti-C......ddiquee J SM Sabbir Hasan (in Custody)………………….Accused-Petitioner Vs. State ……………………Opposite Party Judgment March 14, 2011. Result: The application for bail is rejected. Case Referred to- 14 MLR 482. Lawyers Involved: Abdul Matin Khasru......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ..Category: Criminal Law | Date: | Hits: 111
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
.... not repaid the said term loan in the meantime, the petitioner is ready to pay the said amount of Taka 20,000 with interest in favour of the Bank. 6. The Bank filed an affidavit-in-reply that on prayer of the Company, the Bank, as a financial institution allowed term loan, cash credit (hypo), c......ondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ..Category: Civil Law | Date: | Hits: 269
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