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Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....f the opin­ion that there is no merit in this case. The Rule is, therefore, discharged without any order as to cost. 19. The connected Rule was with respect to amendment of the plaint by adding a prayer to the following effect- "That a mandatory order of injunction be passed directing the def...... a false and frivolous proceeding under his office Memo. Ext. 2 with the allegations that the plaintiff remained ab­sent from duties on 11.11.74 without prior permis­sion, that he failed to account for cash remittance sent by Habib Bank, Morrelgonj Branch, on the same date, issued pay order on dif......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....agistrate allowed the said accused petitioner to be kept on police remand for 5 days. On 15.11.86 the accused petitioner Shah Alam Chowdhury was sent by the Magistrate to jail custody re­jecting his prayer for his bail. On 20.11.86 accused Shah Alam Chowdhury was granted bail up to 1.12.86. Thereaf......e Complainant. Criminal Miscellaneous Case No. 46 of 1989. with Suo Moto Rule No. 47 1989. Judgment Fazle Hussain Mohammad Habibur Rah­man J. - These two Rules are taken up together for disposal as they arise out of the same Sessions Case No.118/88 pending in the Court of Sessions ......e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..

Category: Criminal Law | Date: | Hits: 127

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

....ugh their learned Advocate, demanding justice, in canceling and or rescinding the circular dated 23‑9­-2002 (Annexure B) but without any response, as such, obtained the instant Rule. 4. On the prayer made on behalf of the petitioners, at the time of issuance of the Rule, the respondents were ......d. Writ Petition No. 3304 of 2003. Judgment ABM Khairul Haque J.‑ The Rule: In this Writ Petition the petitioners 10(ten) in number were elected as Ward Commissioners in the seats reserved for female candidates in Khulna City Corporation (the Corporation, in short), under the provisions o......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ..

Category: Constitutional Law | Date: | Hits: 443

Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

....s Rule under section 115 of the Code of Civil Procedure is directed against an order passed by Subordinate Judge and Artha Rin Adalat, Bogra on 30-11-95 in Partition Suit No.149 of 1993 rejecting the prayer for transposition of the defendant-petitioners into the category of the plaintiff. 2. T......under section 115 of the Code of Civil Procedure is directed against an order passed by Subordinate Judge and Artha Rin Adalat, Bogra on 30-11-95 in Partition Suit No.149 of 1993 rejecting the prayer for transposition of the defendant-petitioners into the category of the plaintiff. 2. The shor......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ..

Category: Civil Law | Date: | Hits: 154

Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)

....o. 44 of 1986 Judgment AM Mahmudur Rahman J.- In this Rule the question that falls for determination is whether an appeal lies to the District Judge from order of the trial Court refusing the prayer for temporary injunction in a suit for specific performance of contract valued at Tk. 48,000....... and another, 1943 (FC) 24; Bangladesh Vs. Shahjahan Seraj @ Sirajul Islam, 32 DLR (AD) 1. Lawyers Involved: Joynal Abedin, Advocate ‑ For the Petitioner. MI Farooqui, Advocate ‑for the Opposite party. Civil Revision No. 44 of 1986 Judgment AM Mahmudur Rahman J.- ......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ..

Category: Procedural Law | Date: | Hits: 102

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....5 of the Trust Act, 1882. Reliance may be placed on Hashem (Md.) Vs. Bangladesh and ors, 43 DLR (1991) 109, wherein it has been held that when the suit property is in possession of the Government, no prayer for recovery of possession is required. If it is declared by the Court that the property is n......evision No.1714 of 1992). Judgment Mohammad Fazlul Karim J.- Since both the appeals are between the same parties involving substantially the same facts and points of law the same were taken up for hearing together and accordingly disposed of by this single judgment. 2. Civil Appeal No.45 o......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

....ha Rin Adalat. Against these orders the present petitioner moved this Court and obtained the Rule in the aforesaid writ petition wherein subsequently an application was filed by the petitioner with a prayer for stay of the impugned orders and also of stay of all further proceedings of Money Suit No.......lling upon the opposite parties in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....nal evidence. 23. At the time of hearing of this Rule the petitioner has submitted an application duly sworn by its director and constituted attorney for amendment of the plaint by dropping the prayer "Kha" in the plaint and omitting the words “ও নির্দেশমূলক আজ্......ssued upon the opposite parties to show cause why the same should not be set aside or such other or further order or orders passed as to this Court may seem' fit and proper. 3. The short facts, for the purpose of disposal of this Rule, can be stated as follows: Property described in CS D......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308.......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308...

Category: Procedural Law | Date: | Hits: 113

Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)

....r. Thereafter notice was issued to the accused petitioner to appear before the said Tribunal. Subsequently on 18.8.90 petitioner surrendered before the Special Tribunal and prayed for bail, but this prayer for bail was rejected. By another order of the same date the case was fixed on 5.9.90 for wi...... Abdus Salam Mamun, Assistant Attorney‑General ‑ For the State. Criminal Revision No. 839 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner is for quashing the proceedings of Special Tribunal Case No.50 of 1987 pending before the Special Tribu......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ..

Category: Criminal Law | Date: | Hits: 73

Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)

....idering the evidence on record and without arriving at its own independent finding. 18. The Appellate Court modified the decree passed by the Family Court in a manner which has no relevance to the prayer of either of the parties. Modification of the decree passed by the appellate Court reads as f....... Sheerin Alam Chowdhury, as plaintiff instituted Family Suit No.5 of 1987 in the 2nd Court of Assistant Judge and Family Court, Dhaka against her husband Captain Shamsul Alam Chowdhury as defendant, for a declaration for dissolution of marriage. 4. The petitioner of CR No. 604 of 1993 Captain Sh...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ..

Category: Family Law | Date: | Hits: 265

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....f. Cl. (d) refers to suits "For the determi­nation of any other right to or interest in im­movable property." It seems to me difficult to apply that description to the present suit, for there is no prayer in the plaint for the determina­tion of any such rights. All that it asks for is a declarati......te parties to show cause as to why the impugned judgment and decree dated 31.3.88 passed by the learned Subordinate Judge, Bhola in Title Appeal No.59 of 1985 should not be set aside. 2. The facts for disposal of the Rule are as fol­lows: One Sekander Ali, the predecessor-in-interest of the oppo......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500...

Category: Property Law | Date: | Hits: 136

Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)

....the Arbitrator, who on 28.11.66 gave an award. The defendant was duly notified by the Ar­bitrator about the making and signing of the award. The plaintiff filed this award in Court on 22.9.67 with a prayer for making the same Rule of the Court and for a decree in terms of the award. 3. The defen......, 4th Court, Dhaka in Title Suit No. 37 of 1969 (previously numbered as P.O. No 99 of 1967) should not be set aside. 2. Facts in short are that the opposite party be­ing plaintiff instituted the aforesaid title suit alleg­ing, inter alia, that as per contract dated 23.12.64 en­tered into betwe......hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ..

Category: Procedural Law | Date: | Hits: 93

Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

....tion of Suresh Chandra Majumder one of the Plaintiffs for transposing plaintiff Nos.1-5, 8-11, 14, 17 and 18 from the category of plaintiffs to the category of pro-­forma defendants and allowing the prayer of plaintiff Nos.1-3 and 8-10 to withdraw themselves from the suit. 2. The petitioner’s ......l, 1981 passed by the learned Subordinate Judge, Pirojpur in Title suit No.415 of 1979 re-numbered as Title Suit No. 75 of 1981 rejecting the petition of Suresh Chandra Majumder one of the Plaintiffs for transposing plaintiff Nos.1-5, 8-11, 14, 17 and 18 from the category of plaintiffs to the catego...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..

Category: Procedural Law | Date: | Hits: 82

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....then Chief Engineer, Roads and Highways Department under Memo No.204-CE dated 5.4.84 addressed to the Secretary, Ministry of Communications, Road, Highways and Road Transport Division recommended the prayer of the peti­tioner for his encadrement into the Senior Service Pool. After successful comple......and Highways Department under Memo No.204-CE dated 5.4.84 addressed to the Secretary, Ministry of Communications, Road, Highways and Road Transport Division recommended the prayer of the peti­tioner for his encadrement into the Senior Service Pool. After successful completion of seven projects in A......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ..

Category: Employment/Service Law | Date: | Hits: 209

State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)

....s Ext. 15/1. 41. During cross-examination by defence this P.W. 11 has stated that he put his signature in the seizure list at the Police Station and that when he came out of the Mosque after Asar prayer Police took him to the Thana from the road. 42. P.W. 12 Dr. A.S.M.Musa Khan, R.M.O. Sadar......No. 911 of 2006) Noor Hossain- For the convict-appellant (In Jail Appeal No. 912 of 2006). Syed Mizanur Rahman For the convict-appellant (In Jail Appeal No. 913 of 2006). Md. Abdur Rashid- for the convict-appellant (In Jail Appeal No. 914 of 2006). Syed Mizanur Rahman- For the convict......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 105

Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)

....the appeal the plaintiff-appellant-opposite parties did not file any application before the Court of appeal below for acceptance of the documents filed by them before the trial Court or made any oral prayer to accept the documents as evidence filed by the plaintiffs with the plaint of the suit. This......lute.   The Code of Civil Procedure, 1908 (V of 1908); Order XLI, Rule 27   During pendency of the appeal the plaintiff-appellant-opposite parties did not file any application before the Court of appeal below for acceptance of the documents filed by them before the trial Court ......party Nos.18-23. Civil Revision No. 2378 of 2008. (From the judgment and decree by the learned Joint District Judge, 1st Court, Lakshmipur in Title Appeal No.60 of 2006 allowing the appeal and remanding the suit after setting aside the judgment and decree passed by the learned Assistant Judge......ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 113

Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)

....ation of the original suit allowing the Miscellaneous Case No.1 of 1994 dated 19‑8‑95 was held against the plaintiffs­ opposite party. Order No.33 dated 9‑10‑95 indicates that in view of the prayer made by the plaintiff‑(opposite party) supported by affidavit and deposit of cost of Taka 7......the impugned order dated 4‑10-95. 2. The plaintiff-opposite parties instituted Other Class Suit No.564 of 1981 in the Court of the Munsif (now Assistant Judge), Gaibandha Sadar, seeking a decree for certain declaration. The defendant-petitioner entered appearance in that suit and filed a writte......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ..

Category: Procedural Law | Date: | Hits: 94

Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corrup­tion Officer & others, 2001, 30 CLC (HCD)

....re is no reference of any pending case against the petitioner or her husband. From the provision of section 165 CrPC, it is clear that the police officer while investigating the offence may make such prayer before the Sessions Judge and the Sessions Judge also in appropriate cases after being satisf......made absolute. Under section 165 of the Code of Criminal Procedure the Sessions Judge concerned can accord permission on the application of a police officer or officer of Bureau of Anti-Corruption for the purpose of investigation of offence under sections 403/406/408/409 etc. of the Penal Code as......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ..

Category: Criminal Law | Date: | Hits: 305

AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)

....2000. In that case petitioner was acquitted and filed petition to the respondents to withdraw the suspension order and to reinstate him in service. But the respondents without paying any heed to his prayer started departmental proceeding for further inquiry and suspended the petitioner from the ser......itted and filed petition to the respondents to withdraw the suspension order and to reinstate him in service. But the respondents without paying any heed to his prayer started departmental proceeding for further inquiry and suspended the petitioner from the service. Being aggrieved petitioner moved ......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455...

Category: Employment/Service Law | Date: | Hits: 147

Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

.... the film ‘Hason Raja’ should not be suspended till hearing of the Rule as prayed for. Release of the film was stayed for 4 (four) weeks by order dated 14‑12‑2002. 2. On a reference to the prayer we have noticed a very unusual and curious phenomenon i.e. prayer (A) was couched/made in the......Writ Petition No.7677 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon respondent No.1 only i.e. the Chairman, Film Censor Board, to show cause, why the certificate issued by him for release/exhibition of the film ‘Hason Raja’ should not be suspended till hearing of the Rule......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445...

Category: Civil Law | Date: | Hits: 210