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....se from the custody the petitioner went to the respondent No.1, RAJUK to get his final allotment letter (“চুড়ান্ত বরাদ্দপত্র”) but of no effect. Finding no other alternative the petitioner issued a notice demanding justice upon the respondent on 11-8-08 and ulti......the above observation. Let a copy of the Judgment and order be sent to the concerned authority for information and necessary action.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 517. ..
Category: Property Law | Date: | Hits: 115
Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)
....t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ......n and obtained the Rule from this Court. 8. Mr. SM Abul Hossain learned Advocate appearing on behalf of the petitioner in Civil Revision No.1919 of 2009 submits that they submitted very innocent prayer for recording the evidence of the witnesses of defendant No.3 by the Advocate Commissioner...Category: Procedural Law | Date: | Hits: 121
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ......n and after hearing the learned Advocates it appears to me that the application filed by the petitioners as well as the Civil Revisions were not drafted properly, but under the provision of law the prayer made by the petitioners deserve consideration. Order XLI, rule 27(1) and 27(2) of the Code ..Category: Property Law | Date: | Hits: 97
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
....general rule the powers of the Court under section 151 of the Code of Civil Procedure are not to be invoked where there is specific provision in the Code which covers a particular case or there is an alternative remedy. It is the contention of the petitioners that the Civil Court has ample reserve o...... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552...Category: Procedural Law | Date: | Hits: 130
....ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 545.......nt injunction is at all maintainable or not. In this connection it May be noted that after filing the suit for permanent injunction the plaintiffs filed an application for temporary injunction with a prayer for ad‑interim injunction claiming exclusive possession and title over the suit land. Ad‑..
Category: Property Law | Date: | Hits: 123
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ...... 4. The detenue Major (Retd.) Bazlul Huda was arrested by Alamdanga police on 17.09.1984 under section 45 of CrPC He was forwarded to a Magistrate of Chuadanga on 18.09.1984 and the Magistrate on the prayer of the police remanded the detenue to police custody for a period of 15 days from 18.09.1984...Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......11.1985 or any other dates on the basis of the resolution 02.10.1985 till disposal of the case. 2. The respondents 1-7 brought the I.R.O. Case No.79 of 1985 under section 34 of I.R.O., 1969 with a prayer to direct the present petitioner to select Traffic Inspectors from only the existing Assist..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491........ Judgment Md. Anwarul Haque J.- One Wing Commander M Hamidullah Khan, Bir Protik, has filed an application under Article 102 of the Constitution of the People's Republic of Bangladesh with a prayer to issue Rule Nisi calling upon the respondents, Government of People's Republic of Banglades..Category: Constitutional Law | Date: | Hits: 314
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......302 of the Penal Code is set aside. The case is sent back to the learned Sessions Judge, Rajbari for fresh trial in accordance with law. As the accused appellant is in custody since 29‑4‑1995 the prayer for bail, if any, on behalf of the accused appellant may be considered by the trial Court. ..Category: Criminal Law | Date: | Hits: 123
Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......of res-judicata is also a question which can be disposed of by framing issues in the suit. So, the rejection of plaint on the ground of limitation and res-judicata should not be allowed merely on the prayer by the defendants side. 14. Mr. Tabarak Hussain, the learned Advocate submits that the pla..Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....as further been held by the apex Court that ‘the WASA charges was not part of rent and deposit made as in the instant case was not a complete or valid deposit. In this respect the landlord may have alternative way of recovering the same’. Similar is the case in this appeal as to nonpayment of ut......ry of the compensation at the rate of Taka 2,000 per day in addition to the rent for overstaying in the suit premises after the expiry of the tenancy is the matter to be sorted out by the appropriate prayer in an appropriate case. In the instant case it does not show that the plaintiffs prayed for p..Category: Tenancy Law | Date: | Hits: 190
....et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479....... already held that the plaintiffs are not co-sharer but trespassers. A trespasser got no locus standi to claim any legal status upon the land acquired by the Government and thereafter cannot make a prayer for settlement. If this sort of declaration was granted by a Court of law the Government woul..
Category: Property Law | Date: | Hits: 118
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......e in and on 12-3-2007 informant informed RAB personnel in the camp and thereafter the informant on 13-3-2007 at about 4-05 PM went to the office of the accused person and requested him to approve the prayer of her pension and inspite of that, the accused petitioner did not approve the prayer for pen..Category: Criminal Law | Date: | Hits: 87
....bmit report within 2 days failing which legal action would be taken against him. In consequence whereof the said Additional Chief Engineer Mr. ANM Sirajul Islam (Convener of the Team) had no other alternative but to submit a report on 4‑10‑2000.
8. The 26th meeting of the Purchase Commit......l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......anced and allotted fraudulently in their names without the knowledge of the present petitioners. Not only that, if we read section 38 as a whole, it appears to me that a case like this as well as the prayer made in the application is very much maintainable in its present form. So, the first objectio..Category: Company Law | Date: | Hits: 225
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......shed in the office memorandum No.ED(R- 11)S-59/77-25(500) dated 20-3-97 Annexure Z-6. 3. At the time of hearing of the Rule the learned Advocate for the petitioner prays that he does not press the prayer A in the writ petition. He further submits that he is not also pressing the later portion of ..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....uty, 13 DLR (HC) 105 and Mritunjoy Paul Vs. Province of East Pakistan, 14 DLR (Dhaka) 568 in support of his submission that certiorary lies when the respondent acts without jurisdiction even though alternative statutory remedies are available. No one will dispute Mr. Hossain's contention, but th......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 170
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....on, as her Arbitrator and requested the seller appellants to appoint their Arbitrator within 30 days from the date of service of the said notice failing which the purchaser respondent would have no alternative but to take shelter of the Court under the existing law. The seller appellants receive......Judge, by his order No.37 dated 28-3-2006, upon discussing the entire facts and circumstances and considering the various provisions of law, including section 43(1)(ক)(উ) of the Act, rejected the prayer of the seller appellants for cancellation of the award. Hence this appeal. 5. Mr. MI Faroo..Category: Alternative Dispute Resolution | Date: | Hits: 251
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ...... the defendant. The defendant is in possession of the suit land althrough. 5. In the said Title Suit No.210 of 1991 the plaintiffs also filed an application for temporary in. junction but the prayer for temporary injunction was rejected by the Munsif, First Court, Dhaka on 2.5.1981. Thereaft..Category: Civil Law | Date: | Hits: 166
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......marked as Ext.2. Since it was a resolution book the present appellant prayed for taking it back with an undertaking to produce the same before the Bar Council Tribunal when it would be necessary. The prayer was allowed and the resolution book was given back to the present appellant. On 6.1.94 the Ba..Category: Others | Date: | Hits: 139
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