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Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)

....herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged with­out any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ......tions. 3. During the trial while the D.Ws. were being examined, opposite party No.1 filed an application for re-counting of the ballots polled in the disputed centers. The peti­tioner opposed the prayer. By an order dated 10.07.1986 the Election Tribunal was plea­sed to allow the application. ..

Category: Election Law | Date: | Hits: 309

Abul Hussain Md. alias Abul Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others, 1991, 20 CLC (HCD)

....py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 521.......s Judge, 4th Court, Dhaka) that in Sessions Case No.155 of 1989 under section 302 of the Penal Code corresponding to Mirpur PS Case No.31(7)88 the Government through the Public Prosecutor submitted a prayer for permitting the Government to withdraw from the case and that Mr. Md. Shamsher Ali, Additi..

Category: Criminal Law | Date: | Hits: 105

Khandakar Amirul Islam Vs. Khandaker Amanullah and others, 1992, 21 CLC (HCD)

....ly discharged without any order as to costs. The connected rule being Civil Rule No.70 (R)/90 is disposed of as being infructuous. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 514. ....... The plaintiff petitioner has filed an application for amendment of the plaint under Order 6 rule 17 of the CPC in this Court. The said company having not been made defendant in the suit land and no prayer being made for recovery of possession of the suit land, we do not find any illegality in the ..

Category: Procedural Law | Date: | Hits: 130

Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)

....ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ...... on 24.3.1992 praying for time to file written statement. The said application was posted for hearing on 8.4.1992. On 8.4.1992 the defendant filed another application supported by an affidavit with a prayer for leave to appear and file written statement within a month but the plaintiff also filed an..

Category: Procedural Law | Date: | Hits: 125

Usha Chemical Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (HCD)

....in a period of 3 months from the date of receipt of this order. With this direction this Writ Petition is sum­marily disposed of. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 563. ......ms Act, 1969, read with sub-section (1)(kha) to section 42 of the VAT Act, (মূল্য সংযোজন কর আইন, ১৯৯১) (১৯৯১ সনের ২২ নং আইন), the prayer for waiver of deposit before filing of the appeal, could be waived, due to hard­ship of the ..

Category: Fiscal/Taxation Law | Date: | Hits: 280

Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)

....claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......” written after the schedule of the lands in the last portion of the said Ext. 6 is a subsequent interpretation made by the plaintiffs after taking back the said document from the court when their prayer for temporary injunction was refused by the Court below on 28.2.79 on the finding that the pl..

Category: Property Law | Date: | Hits: 154

Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)

....of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......nd defend had expired, to extend the time. From perusal of the order sheet of the instant case it appears that on 6.11.88 court issued summons fixing 7.12.88 for return of service but on that date on prayer of the opposite party it again fixed 23.11.88 for filing written statement. But by an order d..

Category: Procedural Law | Date: | Hits: 155

Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......h enquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being and also adducing evidence, both oral and documentary, if any, make such decision on the prayer of the applicant as it deems fit." 28. The Court of Settlement therefore is competent a..

Category: Property Law | Date: | Hits: 158

Deputy General Manager, Rupali Bank Limited and another Vs. Nazrul Islam Patwary and others, 1992, 21 CLC (HCD)

....ause notice. It is asserted by the plaintiff‑opposite‑party that the order of termination is mala fide. The plaintiff‑opposite‑party filed a Review petition but got no reply. Finding no other alternative the plaintiff filed the suit being Title Suit No.41 of 1988 before the learned Munsif, U...... of law and thus call for no interference from this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 406...

Category: Labour and Industrial Law | Date: | Hits: 233

Syed Mozammel Huq Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others, 1991, 20 CLC (HCD)

....ation Directorate Bangladesh Secretariat, Dhaka may be even a collusive order deliberately made illegal to help the petitioner. So the Court has to declare it to be illegal. Therefore I have no other alternative but to agree that the impugned order dated 15.1.90 cannot be upheld as valid and legal o......e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 403...

Category: Property Law | Date: | Hits: 160

Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)

....nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ......site party on 27.8.88 at Tk. 5,45,000.00 as the highest bidder from the receiver and the bidder­-opposite party deposited Tk. 2,72,500.00 being 50% of the bid money on the date of auction and on the prayer of the bidder Magistrate allowed fifteen days' time to pay the balance money and the bid was ..

Category: Others | Date: | Hits: 172

Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....oner, submits that the impugned order is violative of Article 36 of the Constitution and the present application having been for enforcement of fundamental rights, it is not necessary to avail of the alternative remedy, if any. He further submits that, in fact, the order is not appealable. He also s......irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ..

Category: Business or Commercial Law | Date: | Hits: 601

James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)

....llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......nate Judge of the Artha Rin Adalat, heard both the sides, perused the application for attachment and the written objection thereto and passed the impugned order dated 26.1.91 allowing the plaintiff's prayer for attachment of the scheduled properties in question of the defendant. 3. Being aggrieve..

Category: Civil Law | Date: | Hits: 169

Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)

....circumstances. 15. Heard the rival submissions of the learned counsel of both the sides. We find much substance in the contention urged by learned Deputy Attorney General. Though law prescr­ibes alternative sentence for the offence of murder, emphasis should be laid on the pro­position that no......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..

Category: Criminal Law | Date: | Hits: 134

Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)

....ants against the judgment and decree dated 25-9-2004 (decree signed on 26-9-2004) passed by the learned Joint District Judge, Court No.1, Noakhali in Title Suit No.25 of 2004 decreeing in the suit as alternative dispute resolution. 2. The respondent Nos.1 to 7 as plaintiffs instituted Title Suit ......bmits that subse­quently on 31-8-2004 the present appellant filed an application for allowing him to contest the suit by filing written statement, the learned Judge in the trial Court rejected their prayer and accepted the compromise petition filed by the other defendants and decreed the suit on th..

Category: Alternative Dispute Resolution | Date: | Hits: 227

Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)

....in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......ined. Thus we are of the view that ends of justice will met if a chance is given to the accused petitioners to re-call and cross-examine P.W. 2, P.W.3 and P.W.4. On the above mentioned points. If the prayer for recalling and re-examination of these P.Ws. are not allowed, the accused petitioners will..

Category: Procedural Law | Date: | Hits: 129

Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)

....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......re. The Learned Sessions Judge ordered to put the application on the next date 24.01.1983 when she filed an­other application for sending the alleged signature of the executor for expert opinion the prayer was rejected. On 24.01.1983 the petitioner filed another application for calling for the alle..

Category: Criminal Law | Date: | Hits: 117

Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)

.... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105.......ble personally for the decretal amount. 15. The decree-holder, however, has no ri­ght in this proceeding to enforce the mortgage to realise collateral security involving immova­ble property. The prayer for execution of the decree buildings mentioned in Annexure A cannot be allowed in, this proc..

Category: Admiralty Law or Maritime Law | Date: | Hits: 360

Promode Ranjan Paul & others Vs. Government of Bangla­desh & others, 1986, 15 CLC (HCD)

....order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......e Judge has found that the defendant No.3 being a lessee under defendant No.2 in partial pos­session of the suit premises the plaintiff's suit as framed for declaration is not maintainable without a prayer for consequential relief by way of recovery of possession and that the question of issuance o..

Category: Property Law | Date: | Hits: 107

Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)

....laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554....... hardship and moreover, it is only due to the part of the Advocate that the suit was decreed ex parte and so she should not suffer for such laches on the part of her learned Advocate and further, the prayer for specific performance of contract is also liable to be rejected on the ground of hardship ..

Category: Property Law | Date: | Hits: 104