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....igh Court Division
(Civil)
Present:
Sheikh Abdul Awal J
Md. Munsur Ali & others……………………..Petitioner
Vs.
Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties
Judgment
August 5, 2009.
Result:
The ......r of the defendant Nos. 1-6 are forged, collusive, illegal and created by false personification and as such the same are in effective and not binding upon the plaintiffs and also for partition of the property as given in 'Ka', 'Kha' and 'Ga' schedule of the plaint stating, inter alia, that the suit ..
Category: Property Law | Date: | Hits: 66
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
.... (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Ragib Hasan Khan @ Munu………………………………Petitioner Vs. The State and another………………………………Opposite Parties Judgment July 6, 2009. Res......3 CR LJ 3537 SC that the Supreme Court reiterated that the exercise of the power by the High Court under section 561A to quash the prosecution at a stage when the trial had not even commenced was not proper. The inherent power under the section has to be exercised for the ends of justice and should ..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....ion (Civil Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul J Pubali Bank Ltd……………………………………………………….Appellant Vs. Contech Ltd. and others………………………………………..Respondents Judgment July 9, 2005. ......ted against the judgment and order dated 30.11.2004 passed by the learned Joint District Judge, Dhaka, in Title Suit No.227 of 2004 passing an order to maintain status quo in respect of the mortgaged property of the defendant-respondents till the disposal of the suit. 2. The relevant facts in sho..Category: Civil Law | Date: | Hits: 87
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
.... (2009) 764. ...... by the learned Senior Assistant Judge, Borguna Sadar, Borguna in Title Suit No.115 of 1998 should not be set aside and or pass such other or further order or others as to this Court may seem fit and proper. 2. Short facts of the case are as follows: The opposite party No. 1 as plaintiff institut..Category: Procedural Law | Date: | Hits: 69
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....eme Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J K M Hasan J Wahida Khan……………………Petitioner Vs. Shahar Banoo Ziwar Sultan and State……………………Opposite Parties Judgment May 15, 1994. Result: The Rul......y No.1 to show cause as to why the impugned proceeding in Kotwali Police Station Case No.6(2)79 should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts, as stated in the petition, in short, are that the present opposite party No..Category: Procedural Law | Date: | Hits: 71
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....l Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: The Rule......riate steps against the concerned officials for failing to discharge their respective duties in accordance with law and/or pass such other or further order or orders as to this Court may seem fit and proper.” 2. As clippings from an English vernacular daily, named, New Age, published a feature ..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....udgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ...... the Senior Assistant Judge, Brahmanbaria in pre-emption Miscellaneous Case No.6 of 1996 should not be set aside and/ or such other or further order or orders passed as to this Court may seem fit and proper. 2. The predecessor of Opposite Party Nos.1 to Sand predecessor of Opposite Party No.36 as..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....alling upon the opposite party to show cause as to why the order dated 05.11.2006 passed by the learned District Judge, Chuadanga in Miscellaneous Execution Case No.14 of 2004 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Th......ssed by the learned District Judge, Chuadanga in Miscellaneous Execution Case No.14 of 2004 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner Corporation filed Miscellaneous Case No.26 of 2003 as per provision of ..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....: 61 DLR (HCD) (2009) 72. ......ted 8-2-07 was set aside by subsequent order dated 11-3-07. 26. Mr. Khijir Ahmed could not but to accept that such application made under section 151 of the Code was not maintainable, at least not proper. He pressed for extension of time for deposit of the cost under section 148 of the Code befor..Category: Civil Law | Date: | Hits: 281
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....also Reported in: 61 DLR (HCD) (2009) 762. ......nder section 406/420/109 of the Penal Code, now pending in the Court of Magistrate, cognizance court No. 3 Jamalpur, should not be quashed and/or any other order passed as this court may seem fit and proper. 2. By the Rule issuing order dated 23-7-2007, all further proceeding of the said case wer..Category: Employment/Service Law | Date: | Hits: 238
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....h Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J MM Shabbir Hasan………………….Accused-Petitioner Vs. State and others…………………….Opposite-Parties Judgment June 17, 2012. Result: The...... 1947 read with section 161 of the Penal Code pending in the Court of Chief Metropolitan Magistrate, Chittagong and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Md. Badrudduza the learned advocate appearing on behalf of the accused petitioner ..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
.... Result: The Rule is made absolute. When the state does not raise any objection in such circumstances the High Court Division can certainly interfere, when the liberty of a citizen is curtailed and his valuable right of freedom is taken away by the order of the subordinate Court and the High C......he Court should avoid technicality. The High Court Division is empowered under 491 of the Code of Criminal Procedure, 1898 to set at liberty of the victim who is found to be detained illegally or improperly...................................(20) Cases Referred to- Khairunnessa Vs. Illy Begum..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....sdiction) Present: Nozrul Islam Chowdhury Mohammad Ullah J Dr. S.M. Eunus Ali………………………………………Petitioner (Defendant-Judgment Debtor) Vs. Artha Rin Adalat and others………………………Respondents Judgment December 3, 2012. Result: The......uit No.14 of 2003 should not be declared to have been passed without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. By the Rule issuing order dated 22.3.2009 all further proceedings of Artha Jari Case N..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
..... ......t accused persons and in prosecution of its overt acts of the accused person flowed out as if in obedience to the command of a single mind………………………………..(48) The proof seems properly to mean anything which serves, either immediately or mediately, to convince the mind of the..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....se is also Reported in: 30 BLD (HCD) (2010) 49. ......owever, this is a Trust and it is for the trustees to decide whether to increase the fund or hot. Under section 36 of the Trust Act the trustees have authority to do all acts which are reasonable and proper for the realization, protection or benefit of the trust property. If bonus shares are issued ..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....oncerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. .........Petitioner Vs. Deputy Commissioner, Brahmanbaria and others....................Opposite parties Judgment August 28, 2007. Result: The Rule is made absolute. The law of enemy property died with the repeal of Ordinance No.1 of 1969 on 23.3.74 and no further vested property ca..Category: Property Law | Date: | Hits: 155
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....Code of Criminal Procedure at the instance of petitioner A. Aziz Mollick calling upon sole State opposite party to show cause as to why impugned order dated 4.10.2007 passed by learned Sessions Judge and Special Tribunal No.1 Brahmanbaria rejecting prayer of the petitioner under section 516 A of the......nbaria P.S. case No.4 dated 2.5.2007 and G.R case No.457 of 2007 under section 15(1)(3) Special Powers Act, 1974 should not be set aside or to pass such order or orders as this Court may deem fit and proper. 2. The matter being urgent, LC record was not called for. Service of notice on Sole State..Category: Procedural Law | Date: | Hits: 194
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....ds. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......evidence with the confessional statement which are true and voluntary, and the learned Sessions Judge after considering the evidence on record rightly convicted the appellants. 19. For coming to a proper decision about sustainability of the impugned judgment and order of conviction and sentence w..Category: Criminal Law | Date: | Hits: 170
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....Division (Special original Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Transfin Trading Ltd…………………………Petitioner Vs. The Commissioner of Customs and others……………………………Respondents Judgment October 11, 2010. Result:......pondents should not be directed to return bank guarantee No. BASB/LGREE/00001/2001 dated 23-3-2001 (Annexure 'H') and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Short fact relevant for disposal of the rule are that the petitioner is private limite..Category: Fiscal/Taxation Law | Date: | Hits: 194
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....……..Petitioner Vs. Shahabuddin Ahmed……………………Opposite-Parties Judgment March 14, 2012. Result: The rule is made absolute. Case Referred to- Babul Chowdhury and others Vs. Reba Rani Saha and others, 15 BLD 644. Lawyers Involved: Md. Khurshid Alam Kh......ittagong, in Misc, Case No.404 of 2004 allowing the said case under Order XXI Rule 58 of the Code of Civil Procedure, should not be set aside or such other order passed as this Court may seem fit and proper. 2. The relevant facts necessary for disposal of the rule are that the petitioner, namely ..Category: Civil Law | Date: | Hits: 161
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