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Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
....he suit under section 21 of the Ain, 2003 in terms of settlement conference. 3. The decree holder bank then put the decree in execution in Artha Rin Execution Case No.75 of 2004. Eventually on the prayer of the bank, the learned Judge of the Adalat by the order dated 9-8-2006 sentenced the petiti......ha Rin Adalat Ain, 2003 (briefly as Ain 2003) and the impugned order No.22 dated 9-8-2006 passed by the respondent No.1, in Money Execution Case No.75 of 2004 detaining the petitioner in Civil Prison for a period of six months and issuing warrant of arrest (Annexure-D to the writ petition) should no...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ..Category: Civil Law | Date: | Hits: 140
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....ruption Act, 1947 and the case was rightly filed under section 420/109 of the Penal Code as the offence is disclosed in the first information report and charge sheet. He further submits that the very prayer of the petitioner to the then Prime Minister stating that she had no land or any apartment in......2, now pending in the Court of Divisional Special Judge, Dhaka should notbe quashed and/or pass such other or further order ororders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the rule, in short, are that the Government through the Bureau of Anti-Corruption lo......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..Category: Criminal Law | Date: | Hits: 137
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....°à¦¾ হল। (মোঃ গিয়াস উদà§à¦¦à¦¿à¦¨ আহমেদ) জেলাঃ পà§à¦°à¦¶à¦¾à¦¸à¦• ককà§à¦¸à¦¬à¦¾à¦œà¦¾à¦°à¥¤â€ 21. On the same allegation and with a prayer for revision thereof the Deputy Commissioner, Cox's Bazar forwarded letter to the Secretary, ......¦°à¦ƒà¦¸à¦¾à¦§à¦¾à¦ƒ নিরà§à¦¬à¦¾à¦ƒà¦ªà¦°à¦¿/২০১০/à§à§® dated 2-12-2010 including the names of Paurashavas namely Cox's Bazar, Sadar, Chakaria, Teknaf and Moheshkhali fixing 19-1-2011 for holdÂing Paurashava election without preparing a fresh voter list excluding the Rohingyas, the ......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....ointed Mr. MA Bari lawyer to conduct the defence case on behalf of absconding accused Abul Khair and Imam Patwary. Other accused surrendered through engaged Advocate. They were sent to custody having prayer for bail. Afterwards charge was framed under sections 302/34 Penal Code against all accused. ......ritical condition was taken to Master Bazar wherein local Dr. A Bari attended him and gave first aid but the condition being critical it was advised that he should be taken to Chandpur Sadar Hospital for better treatment. Accordingly, on way to Chandpur Sadar Hospital Julfu Master died and the dead ......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....ding the said Bhaduri. Bibi as an opposite party in the case and to amend the pleadings accordingly. 5. The learned Assistant Judge by the impugned order dated 26‑4‑88 rejected the petitioners prayer for amendment of the pre‑emption petition by adding Bhaduri Bibi as an opposite party in th......a J.-This Rule is directed against the order dated 26‑4‑1988 passed by the learned Assistant Judge Keshabpore, Jessore in Miscellaneous Case No.11 of 1987 rejecting the petitioner’s application for amendment of the pleading by adding a party thereto. 2. The petitioners filed an application ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....he writ petition though a short back-ground of the respondent No.1 has been given regarding assumption of office as a Judge of High Court Division and thereafter as Chief Election Commissioner in the prayer while seeking relief the petitioner has confined himself to the point challenging the authori......nvolving substantial questions of law as to the interpretation of the Constitution. The learned Additional Attorney-General having already entered appearance on being called upon to assist the Court, for the expeditious disposal of the Rule the personal service of the copy of the Rule on the respond......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...Category: Constitutional Law | Date: | Hits: 353
.... suit has been wrongly filed in the Artha Rin Adalat instead of filing it before the ordinary Civil Court. The Adalat then on hearing both the sides by order dated 17-8-97 rejected the petitioner’s prayer holding that as the plaintiff is a registered Co-operative Credit Society there is no bar in ......bordinate Judge and Artha Rin Adalat No.2, Dhaka in Title Suit No.2 of 1995 should not be set aside.
2. The short fact leading to this Rule is that, Opposite Party No.1 as plaintiff instituted the aforesaid suit for realisation of Taka 93,35,483.00 from this petitioner by sale of the property ment...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....ion of limitation. 11. The plaintiff had stated their knowledge about the kabala to be on 21-5-91. The Deed was executed on 28-6-47 and registered on 11-7-47. 12. Though the cause title and the prayer have been couched in a manner to make it look like a declaratory suit, it is in fact a suit f...... instance of the defendants calls in question the judgment decree dated 17-7–95 allowing Title Appeal No.88 of 1993 by the learned Subordinate Judge, Noakhali and decreeing Title Suit No.43 of 1991 for declaration that kabala deed No. 3467 executed on 28-6-1947 by Cherag Ali Pandit predecessor-in-......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ..Category: Procedural Law | Date: | Hits: 103
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
.... passed by the learned Additional Sessions Judge, Sunamganj in Sessions Case No.27 of 1994 should not be set aside. The learned Additional Sessions Judge by the said order rejected the petitioners’ prayer for discharging them from the aforesaid case on the ground that no case has been made out aga...... by the learned Additional Sessions Judge, Sunamganj in Sessions Case No.27 of 1994 should not be set aside. The learned Additional Sessions Judge by the said order rejected the petitioners’ prayer for discharging them from the aforesaid case on the ground that no case has been made out against th......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ..Category: Criminal Law | Date: | Hits: 102
.... pending before the Additional Assistant Judge, Chandpur and Annexure B is the application filed in the said Suit by the present appellant under Order 14, rule 2 of the Code of Civil Procedure with a prayer for dismissal of the suit and Annexure C is the order-sheet dated 24-5-88 and 29-5-88.
19....... directed against the judgment and order dated 9-3-92 passed by the learned Subordinate Judge, Chandpur in Miscellaneous Case No. 59 of 1990 filed under section 24 of the Non-Agricultural Tenancy Act for pre-emption of the case land.
2. The short fact leading to this appeal is that the respondent......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
..
Category: Property Law | Date: | Hits: 113
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....12. In Writ Petition Nos. 4291 of 1996 and 4334 of 1996 the wife of Shahriar Rashid khan and mother of Faruqur Rahman respectively challenged the detention of the two accused (in custody), but in the prayer portion the petitioners challenged the validity of the aforesaid two criminal proceedings pra......itional Attorney-ÂGeneral, Kaiseruddin Ahmed, Deputy Attorney‑General, Bazlur Rahman Chhana, Assistant Attorney‑General‑For the Respondents (In both the writ petitions). Syed Ishtiaq Ahmed, former Attorney‑General, Khondaker Mahbubuddin Ahmed, Senior Advocate, Kamal Hossain, Senior Advoc......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..Category: Criminal Law | Date: | Hits: 202
....ties.
11. The moot question that calls for our determination in the case is, whether the learned Subordinate Judge and 2nd Artha Rin Adalat committed any error in law in rejecting the petitioner's prayer for addition of parties under 1 rule 10(2) of the Code of Civil Procedure.
12. Mr. AQM Saf......Commercial Sub-Judge Court, Chittagong in Money Suit No.31 of 1990 (previously Money Suit No.35 of 1989) rejecting the petitioner's application under Order 1 rule 10(2) of the Code of Civil Procedure for being added parties to the suit as defendants.
2. Short facts relevant for the purpose of the......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417.......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417...
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....nd decree of the trial Court. 8. We have heard the learned Advocates of both the parties, perused the revisional application, pleadings, evidence and other materials on record. It appears from the prayer that the plaintiff prayed for declaration that the defendant is the benamder of the plaintiff...... Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Bajera and others, AIR 1974 SC 171. Lawyers Involved: Sarder Abul Hossain for Shahidul Islam, Advocate—For the Petitioner. Abul Kamal Chowdhury, Advocate—For the Oppos......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ..Category: Property Law | Date: | Hits: 103
....ciety constituted under that election and it does not appear that any dispute has cropped up touching the business or affairs of the Co‑operative Society or of the liquidator of the society. In the prayer of the plaint the plaintiff sought a declaration that the election held on 13‑12-Â1997 is ......a Market Baboshahi Bahumukhi Samobaya Samity Ltd. (hereinafter called the Society) instituted Title Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawf......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
..
Category: Procedural Law | Date: | Hits: 124
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ven out by the P.Ws.4 5 and 6. 7. P.W.1 Md. Mokbul Hossain was the resident of 65/A Madhya Pirerbagh who stated that on 30-1-92 at about 6-30 AM he was going back to his residence after performing prayer while on the way he found that one accused Abdul Matin and another was under police custody. ......ant SM Habibullah Hablu alias AS Habibulla alias Hablu in Criminal Appeal No. 869 of 1993 have been convicted under section 19A and 19(f) of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years and 7 years respectively with a direction that both the sentences will run consecutivel......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ..Category: Criminal Law | Date: | Hits: 74
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....e for his life as there is no chance of early disÂposal of the appeal. 6. Mr. Md. Yamin Newaj Khan, the learned Assistant Attorney General appearing on behalf of the respondent state opposing the prayer for bail submits that the convict-appellant is being provided with proper treatment by the Ja......ssain J Afzal Hossain Ahmed J Iqbal Hasan Mahmood…………………Appellant Vs. State……………………Respondent Judgment October 29, 2008. Result: The application for bail is allowed. Cases Referred to- ACC Vs. Barrister Mir Md. Helaluddin, 60 DLR (AD) 57.......on the Medical Board statÂed as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......on the Medical Board statÂed as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ..Category: Criminal Law | Date: | Hits: 125
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....land to sell the same in auction. The tender notice was published in 'The Daily Protham Alo' and 'The Dainik Sangbad' on 13-8-2005, but no bidder was participated. Then, the decree-holder bank made a prayer to the executing Court on 8-1-2006 to issue certificate under section 33(5) of the Artha Rin ......Court may seem fit and proper. 2. Opposite-party No.1 Sonali Bank Limited filed Artha Rin Suit No.131 of 2003 on 26-4-2003 against the opposite-party No.4 and another impleading them as defendants for realization of TK. 47,40,875 (forty seven lakhs forty thousand eight hundred seventy five) conte......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ..Category: Civil Law | Date: | Hits: 229
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....ficial Gazette, in which the vesting in, or possession of, the Government of the building as abandoned property under the President's Order has been called in question in any manner whatsoever or any prayer has been made for return, restoration or transfer of the buildings by the Government or by an...... 519/87(Ka‑49 Mohammadpur Block ‘F’) in respect of Holding No. 6A/8, Block F Joint quartet, Mohammadpur (Ka-26). 2. The case of the petitioners is that their father late Mr. Bashir opted for Pakistan after partition of India and came to East Pakistan in the last part of 1947 and has bee......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288...Category: Property Law | Date: | Hits: 90
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....m. But the Ministry of Home Affairs by their memo. dated 28.4.83/5.5.83 informed the petitioner that he having opted for repatriation to Pakistan through the International Committee of Red Cross, his prayer could not be acceded to and expressed regret in confirming the citizenship to the petitioner.......1950 from Calcutta, West Bengal, India and settled permanently at Dhaka. The petitioner applied and obtained the certificate of domicile from the Dist. Magistrate on 30.11.1954. He also expressed his formal allegiance to the Govt. of Bangladesh by swearing an affidavit before a Magistrate, 1st Class......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273...Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....r and a Rule be issued calling upon the opposite party No.1 to show cause as to why the order dated 17-6-1999 passed by Subordinate Judge, 2nd Court, Dhaka in Title Appeal No.216 of 1998 allowing the prayer of the plaintiff appellant opposite party to withdraw the said appeal with permission to sue ...... Parties. Civil Revision No. 4018 of 1999. Judgment Md. Mamtazuddin Ahmed J.- The Rule arises at the instance of the defendants on the following terms: "Let the records need not be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the order date......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...Category: Procedural Law | Date: | Hits: 108
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