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Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....on 47 cannot be given effect to any pending suit filed prior to promulgation of the Artha Rin Adalat Ain, 2003. 11. On the face of the decision of the Apex Court referred to above we find no other alternative but to say that the learned Judge of the Artha Rin Adalat has committed illegality in pa......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ..Category: Civil Law | Date: | Hits: 186
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......all the three ingredients of "evidence". Mr. Mahbubur Rahman also placed the case of Abdul Hakim and others Vs. State, reported in 1987 BCR (AD) 143, wherein it has been held that for considering the prayer for bail the direct overt acts alleged against the persons named in the FIR are required to b..Category: Criminal Law | Date: | Hits: 82
Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)
....harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......the appeal as substituted appellant in place of the deceased appellant before she obtains probate of the Will. Therefore, the learned Subordinate Judge has rightly decided the case in disallowing the prayer for making the petitioner as party in the aforesaid suit as the heirs of said Sarat Kumar Kan..Category: Civil Law | Date: | Hits: 117
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......m injunction from dispossessing the plaintiff from the suit tea estate and from interfering with the peaceful possession of the plaintiff reiterating the facts as stated in the plaint. 5. That prayer for injunction was contested by the, defendant No.1 by filing written objection denying the..Category: Civil Law | Date: | Hits: 115
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......o the Official Liquidator to comply with the direction given above and a copy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. 48. On the joint prayer of Akram H. Chowdhury with Mr. Fida M. Kamal the learned Advocates appearing for the company,..Category: Company Law | Date: | Hits: 164
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ......াজ as contemplated in section 2(kha) of the Admiralty Court Act 2000, any cause arising out of such Barges as alleged in the instant suit is not maintainable in the Admiralty Jurisdiction since prayer cause of the suit indicates that the plaintiff has tortious claim against this defendant. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)
....of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ...... stand stopped that the accused persons released. The accused petitioners moved the learned Sessions Judge, Dhaka for their release and the learned Sessions Judge by order dated 6.4.83 rejected the prayer for release. The ground for rejection however is not well founded in law. The main reason ..Category: Procedural Law | Date: | Hits: 123
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
.... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......the Judgment and order dated 27.9.95 passed by the learned Subordinate Judge, First Court, Dhaka in Title Suit No.205 of 1995. The learned Subordinate Judge by the said order rejected the appellant's prayer for injunction. 2. The short fact leading to this appeal is, that the present appellant as..Category: Others | Date: | Hits: 154
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......ion 109 of the Penal Code dismissed the appeal brought against the judgment of acquittal passed by the High Court Division upon holding that High Court Division was not justified in turning out the prayer for retrial made by the State on the ground of pendency of three civil suits over the same su..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......inst accd. (1) Abdur Razzaque. (2) Abdul Hamid. (3) Abdul Halim. (4) Abdul Karim, which is pursued & filed. Seen the petition by the defence for non-acceptance of C.S. and with a prayer for further investigation by Senior Officer. Heard the ld. Lawyer and considered his submissi..Category: Criminal Law | Date: | Hits: 93
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......, but he chose to contest the matter on a legal ground. After having lost the legal battle it does not lie in his mouth now to pray for a conversion of the Civil Revisional Case into an appeal. The prayer is a belated one. In the result, the Rule is discharged but without any order as to costs...Category: Trust/Waqf Law | Date: | Hits: 121
GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)
....d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......authorized agents pro-forma defendant No.2, listed in the schedule of the plaint and also for compensation at the sum of US dollar 335,034/08 equivalent to BD Tk. 2,31,17,351/52 along with an interim prayer for issuance of injunction restraining the defendant from disposing off those containers in..Category: Admiralty Law or Maritime Law | Date: | Hits: 320
....dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
......’s Chancery Academy of English Law for a Diploma/Degree of the Williamsburg University of U.K. The instant Rule is about the Respondent Nos. 1-4’s action or inaction relating to this matter and a prayer for a direction that they should monitor the provision of tuition by such institutions. From ..
Category: Others | Date: | Hits: 146
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
.... under order 7 Rule 11 of the Code of Civil Procedure merely on a plain reading of the plaint and nothing else. 54. Mixed question of law and fact means it partly on law and partly on fact. In the alternative it is not fully on law or fully on fact. It is a mixture of both law and fact that is, i......have considered the plaint, bainanama, application for rejection of the plaint under Order VII rule 11 of the Code of Civil Procedure and also the written objection filed by the plaintiff against the prayer for rejection of the plaint. 4. In favour of the appeal, it has been argued that as the ve..Category: Civil Law | Date: | Hits: 200
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
.... for the purpose. The Chairman convened a meeting of the Parishad on 5-3-2008 and three members of the Parishad remained absent and that the Parishad in the meeting dated 5-3-2008 did not take up the alternative proposal for selection of the land for UPCB sent by the UNO as an agenda of the meeting.......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ...... below without applying its judicial mind into the facts and circumstances of the case and law bearing on the subject erroneously held that that the trial Court below committed wrong in rejecting the prayer for pre-emption holding that the pre-emption holding that the pre-emption application is not ..Category: Property Law | Date: | Hits: 117
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
.... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... only stating the Saf kabala number of the father of the pre-emptor disposed of the property without brining any formal prove or evidence before the Court as per provision of law the appellant made a prayer that this fact be made a ground in the Memo of appeal. So after going through this petition a..Category: Property Law | Date: | Hits: 138
Chandra Banu wife of Lalu Mallick Vs. State and another, 1982, 11 CLC (HCD)
....Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......ourt on receipt of a Memo, from the Superintendent of Police but not addressed to the Court, directed the Court Inspector to withdraw the case and by the same order permitted withdrawal without any prayer from the Court Inspector. The Memo upon which he has passed the impugned order is on record a..Category: Criminal Law | Date: | Hits: 94
....ing police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 425.
......egal assistance under the ambit of Order XXI rule 98 read with Section 57 of the Act, effecting actual delivery of possession in its favour but the learned Judge erred in law in not allowing its such prayer for assistance to get such physical possession of the concerned properties.
Under such cir..
Category: Civil Law | Date: | Hits: 208
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ......rder and submitted that the decree passed in a suit for Specific Performance of Contract is executable under Order 21 Rule 32(5) of the Code of Civil Procedure, He submitted that the plaintiff made a prayer in the suit for execution and registration of a Kabala deed through Court and as well as Khas..Category: Procedural Law | Date: | Hits: 253
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