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M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)
.... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537....... the sale proceeds thereof against the outstanding loan. 3. The learned Judge of the Artha Rin Adalat, after hearing both the parties and considering the facts and circumstances, rejected the said prayer of this petitioner by the impugned order. 4. We have heard the learned advocates of both t..Category: Civil Law | Date: | Hits: 120
....scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
......This Rule at the instance of 3rd party petitioner is against order dated 18‑11‑93 passed by the Senior Assistant Judge, Mymensingh, sadar in SCC Execution Case No.2 of 1985 rejecting petitioner's prayer for staying further proceeding of the said Execution Case.
2. Opposite Party No.1 as plain..
Category: Procedural Law | Date: | Hits: 135
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....on dated 16.4.82 filed on behalf of the petitioner. We have already quoted hereinbefore the relevant portion of the said order. As a matter of fact the prosecution in its application dated 6.4.82 alternatively prayed to send back the petition of complaint to the Sub-Divisional Magistrate, for di...... rejected the application of the informant on the ground that it was not maintainable. The informant does not seem to have taken any step against the order of the Sessions Judge as well but a similar prayer was made on behalf of the prosecution before the Additional Sessions Judge when the case was ..Category: Criminal Law | Date: | Hits: 110
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....ntion. If a plaintiff can set up as many roots of title as he wants and they may even be inconsistent and conflicting with each other then why the defendant will not have the same right of raising an alternative defence in the written statement. There is no legal bar in doing so. It, thus, appears t......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ..Category: Procedural Law | Date: | Hits: 118
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
.... 3. Mr. Fariduddin Md. Reza contends that although this application is not directed against any order of the lower Court nonetheless at the moment due to vacation of the Civil Court there being no alternative remedy his client has filed this application to invoke our residuary power under section......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ..Category: Civil Law | Date: | Hits: 121
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......7‑8‑1992. To utter misfortune of complainant-appellant the appeal was not heard and disposed of, though, a good number of dates been fixed for hearing, lastly on 19‑1‑2002. Ultimately, on the prayer of learned Counsel for appellant, the appeal was put down for hearing on 12-4‑2003. The app..Category: Family Law | Date: | Hits: 165
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....e disputed property receiving a sum of Tk.60, 000.00. Accordingly, he made such proposal to the pre-emptor but the pre-emptor refused to take the land mortgaged from the vendor. Then finding no other alternative the vendor Abdul Awan Ratan who agreed to give Tk.60, 000.00 as mortgaged money against ......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ..Category: Property Law | Date: | Hits: 88
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
.... like present one where the question of title in the suit‑premises is one to be finally decided by a competent civil Court we think for the ends of justice, the decree-holder of the SCC suit has no alternative but to wait for the decision on question of title in the suit premises to be determined ......he suit premises as he purchased the suit premises by a registered deed and has been in possession of the same as a legal owner; hence the suit for eviction was not maintainable against him without a prayer for declaration of title and recovery of possession. The learned SCC Judge at the conclusion ..Category: Civil Law | Date: | Hits: 130
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256.......sion of the Supreme Court and the Appellate Division dismissed the Leave Petition affirming the judgment and order of the High Court Division. 4. The petitioner then filed a suit for damage with a prayer for conducting the suit as pauper and the application was registered as Miscellaneous Case No..Category: Civil Law | Date: | Hits: 118
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......s maintainable (wrongly written as Rule is maintainable) is based on wrong assumption of the case as made out in the writ petition inasmuch as from the cause title of the writ petition as well as the prayer it prima-facie appeared that the petitioner simply challenged the impugned order of terminati..Category: Employment/Service Law | Date: | Hits: 156
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......tus in the jail as per Jail Code. The Chief Metropolitan Magistrate by his order dated 4th August, 2008 directed the jail authority to take appropriate steps as per Jail Code. They also renewed their prayer to the District Magistrate but the Jail authority did not provide them Division-1 status as p..Category: Criminal Law | Date: | Hits: 95
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......urt having found that the plaintiffs had failed to prove their title and possession ought to have held that the suit was not maintainable under section 42 of the Specific Relief Act in the absence of prayer for consequential relief. The suit for a simple declaration was not maintainable under sectio..Category: Civil Law | Date: | Hits: 130
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....dent No.1 became furious and started abusing him with filthy words and at one stage she threatened the respondent No.1 not to interfere in her way of life otherwise she will kill him. Having no other alternative respondent No.1 informed his Where‑in‑law who immediately came to the house at Uttar......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460...Category: Family Law | Date: | Hits: 166
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61....... plaintiff is going to introduce a new story. I have gone through the petition. In my opinion the nature and character of the plaint will not be changed if the proposed amendment be allowed. Thus the prayer is allowed. Amend the plaint and register accordingly and treat this petition as part of the ..Category: Civil Law | Date: | Hits: 132
Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)
...., 2008; that the Election Commission without publishing the result in the Official Gazette decided to hold reelection at No.60, Shaharpara Government Primary School Centre on 01.06.2009. Finding no alternative the petitioner moved the High Court Division in writ jurisdiction in Writ Petition No.35......ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99...Category: Election Law | Date: | Hits: 296
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82.......nd Mr. Jalaluddin, filed Criminal Appeal No.2746 of 2007 before the High Court Division challenging the judgment and order dated 13.6.2007 passed by the Special Tribunal No.6, Comilla rejecting their prayer for bail and that the above appeal was admitted on 30.7.2007 and further, on the basis of the..Category: Criminal Law | Date: | Hits: 146
Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)
....cedure as Miscellaneous Judicial Case as per rule 774 (8) of the Civil Rules and Order and thus, the impugned order complained of is not sustainable in law. But the High Court Division found no other alternative but to send the case back on remand to the executing Court for removing the illegalities......uction sale. 3. Mr. A.M. Ameen Uddin, learned Advocate, appearing for the petitioner submitted that the decree holder Bank did not take any ground in the High Court Division that in spite of their prayer their application under Order XXI rule 90 of the Code of Civil Procedure has not been registe..Category: Others | Date: | Hits: 140
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
.... Departmental proceeding for more than 6 years and for not making any payment in respect of subsistence allowance. He filed a reminder before the Secretary to the concerned Ministry. Finding no other alternative, he mistakenly filed a case before the Administrative Tribunal, Bogra. It is true that t......r, Local Government, Rangpur who by Memo No. Shtha/153 dated 30-3-1994 submitted a report to the respondent No. 1. The copy of the said report was not served upon the petitioner. Subsequently, on the prayer of the petitioner on 1-12-1994 a copy of the same was supplied to him by Memo No. 1107 dated ..Category: Employment/Service Law | Date: | Hits: 180
Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
....l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398.......favour of respondent Nos. 3 and 4, issued under the signature of respondent No.2 (Annexure F and G) should not be declared to have been made without lawful authority and is of no legal effect. On the prayer of the petitioner, there was an order of stay for regularisation of appointments of the respo..Category: Employment/Service Law | Date: | Hits: 160
Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)
....within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......ommitted illegality in suo moto converting the money suit into Artha Rin Adalat Suit as the suit has been filed against an employee of the bank who has misappropriated the bank’s money. There is no prayer for realisation of money from any loanee. The Artha Rin Ain is meant for realisation of money..Category: Civil Law | Date: | Hits: 202
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