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Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ha, Khulna allowing an application under Order VII Rule 11(d) of the Code Civil Procedure. 2. At the time of issuance of the rule, operation of the impugned judgment and order was stayed initially for a period of 6(Six) months from date and later on it was extended till date. 3. Facts, relevan......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......te party entered appearance in the case and before filing written objection the pre-emptees filed an application under Order VII Rule 11(d) of the Code of Civil Procedure praying for rejection of the plaint/application on the ground as stated in the petition mainly on the ground that the pre-emptor ..Category: Procedural Law | Date: | Hits: 88
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....r police station Non FIR prosecution No.295 dated 12-9-2001 under sections 495/497/109 of the Penal Code, alleging inter alia that, one Rokeya Begum, accused No.2, is the wife of Ekramul Kabir, the informant; that the accused No.2 without the consent of the informant got herself married with one Mr.......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......at the Chief Metropolitan Magistrate has erred in law taking cognizance under sections 495/497/109 of the Penal Code against the accused persons upon a prosecution filed by the police instead of a complaint filed before the Metropolitan Magistrate, as required under the provisions of sections 198 ..Category: Criminal Law | Date: | Hits: 79
....8 to show cause as to why the impugned judgment and decree dated 26.7.90 passed by the Subordinate Judge, Fourth Court, Dhaka in Title Appeal No. 126 of 1987 should not be set aside.
2. The facts for disposal of the Rule are as follows: The deceased Md. Abdul Aziz as plaintiff filed Title Suit N......
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
.......
Mihir Kanti Mazumdar with Nahid Yasmin, Advocates ‑ For the Opposite Parties.
Civil Revision No. 2053 of 1990.
Judgment
Mainur Reza Chowdhury J. -This Rule was issued calling upon the plaintiff-appellant opposite parties Nos. 1‑8 to show cause as to why the impugned judgment and de..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
.... absconding co-accused namely Nurul Islam and Md. Bahar under section 19 (1)(Ka) of the Madhak Drabbya Niyantran Ain, 1990 (Act 11 of 1990) and sentencing each of them to suffer rigorous imprisonment for 2 years. 2. The prosecution case, as made out in the FIR lodged with the Mirpur Police Statio......lment of the conditions of the above section 512 of the CrPC the trial has been vitiated. 9. Mr. AQ Rashid Ahmed, the learned Advocate for the State, on the other hand, submits that in view of the amendment of the Code of Criminal Procedure by introduction of section 339B (1)(2), section 512 has,......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...Category: Criminal Law | Date: | Hits: 81
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
....7‑97 passed by the Assistant Judge, 3rd Court, Dhaka in Title Suit No.105 of 1997 has been called in question. By this order the learned Assistant Judge returned the plaint to the filing Advocate for the plaintiffs for filing afresh with correct valuation of the suit. 2. Short facts relevant ...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451....... this Rule the order dated 30‑7‑97 passed by the Assistant Judge, 3rd Court, Dhaka in Title Suit No.105 of 1997 has been called in question. By this order the learned Assistant Judge returned the plaint to the filing Advocate for the plaintiffs for filing afresh with correct valuation of the sui..Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....edecessor of the opposite party Nos.1-10 as plaintiff, instituted Title Suit No.254 of 1983 in the Third Court of Munsif, Jessore, impleading the petitioner and opposite party Nos.11-16 as defendants for declaration of title and confirmation of possession in respect of 0.82 acres of land described i......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......Assistant Judge, Bagharpara, Jessore, dismissing Title Suit No.548 of 1985. 2. Short facts leading to this Rule are that, on 19-6-1983, Altaf Hossain, predecessor of the opposite party Nos.1-10 as plaintiff, instituted Title Suit No.254 of 1983 in the Third Court of Munsif, Jessore, impleading th..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....petitioner as plaintiff instituted Title Suit being Title Suite No.15 of 2002 in the Court of the Senior Assistant Judge, Chandpur Sadar Chandpur impleading the opposite parties as defendants therein for declaration that the so-called order dated 21-11-2004 passed by the opposite parties compulsoril......ge as per affidavit dated 3-7-1963 showing his date of birth on 3-1-1945, it cannot be said that the affidavit is liable to be cancelled, inasmuch as at that time there was no Rules or provisions for amendment of the age by the concerned Education Board; that since the defendants appointed the plain......volved: Abul Kalam Patwary Advocate - For the Petitioner. No one - For the Opposite Parties. Civil Revision No.1798 of 2004. Judgment Faruque Ahmed J.- This Rule at the instance of the plaintiff-petitioner was issued calling upon the opposite party Nos.1-8 to show cause as to why the ..Category: Employment/Service Law | Date: | Hits: 158
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....Suit No.38 of 1998 in the Court of Assistant Judge, Sadarpur, Faridpur on 28-4-1998, against the defendant No.1 Naimuddin Molla @ Naba Molla and the Government of Bangladesh as defendant No.2 praying for specific performance of contract, stating, inter alia, that the defendant No.1 Naimuddin Molla h...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......ction 115(1) of the Code of Civil Procedure, 1908 this Rule was issued on 25-8-2002 at the instance of the defendant-respondent-petitioner Naimuddin Molla @ Naba Molla and two others calling upon the plaintiff-appellant-opposite-party Ibrahim Molla to show cause as to why the Judgment and decree dat..Category: Procedural Law | Date: | Hits: 120
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... 50,001/00. Second opposite party, a son, was born out of this wed‑lock on 15.12.87. Subsequently, the petitioner divorced the first opposite party on 10.8.88. 2. On 2.11.88 first opposite party for herself and on behalf of her minor son, the second opposite party, instituted Family Court Suit ...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......of Finance. Neither in his deposition nor in his written statement the petitioner, we find, refuted the claim of maintenance at Taka 1,000.00 per month for each of the opposite parties as made in the plaint. We can, under the circumstances, call in aid of our personal knowledge. We therefore, hold, ..Category: Family Law | Date: | Hits: 528
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....ocates ‑ For the Respondent No. 4. Abdur Razzaque with Md. Nawab Ali, Advocates ‑ For the Respondent No. 5. Writ Petition No. 1001 of 1994. Judgment Qazi Shafiuddin J. - Election for the members of the Parliament if held under the umbrella of the ruling party cannot be free and ......ties in opposition". It is stated that the members of the Parliament will decide if and when they should attend the session of the Parliament. It is stated that Opposition parties have been demanding amendment of the Constitution to establish a durable system of holding general election under a neut...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..Category: Constitutional Law | Date: | Hits: 344
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....dpur, in Special Case No.1 of 1994 convicting the accused appellant under section 409 of the Penal Code read with section 5(2) of the Act II of 1947 and sentencing him to suffer rigorous imprisonment for 5 years and to pay a fine of Taka 7,882.50 (Taka seven thousand eight hundred eighty‑two and p......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......case beyond reasonable doubt. 12. P.W.1 Harun‑or‑Rashid, the Inspector of DAB Faridpur, is the informant in this case. He narrated the FIR story. He deposed that he received the petition of complaint forwarded by the Superintendent of Police, Faridpur. He took up the case for investigation. H..Category: Criminal Law | Date: | Hits: 99
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
....rtha Rin Adalat, Barisal reversing the judgment and decree dated 24‑11‑1990 passed in Title Suit No.87 of 1988 by the Assistant Judge, Uzirpur, Barisal decreeing the suit. 2. The fact relevant for the disposal of the Rule is that, the plaintiff‑petitioner filed the aforesaid suit for a decl......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......er. Md. Kafiluddin Ahmed, Shahidul Alam Chowdhury, Advocates ‑ For the Opposite Parties. Civil Revision No. 3601 of 1995. Judgment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff-petitioner arising out of an application under section 115 of the Code of Civil Procedure ..Category: Property Law | Date: | Hits: 84
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....red against order dated 5‑10‑1997 passed by the learned Election Tribunal, Dhaka Division, Dhaka in Election Petition No.2 of 1997. The Tribunal by the said order rejected the petitioner's prayer for dismissal of the said election petition. 2. It is case of the present petitioner that opposit......were to be made parties but in the Election petition those persons were not made parties. Subsequently, an objection was raised as to non-joinder of necessary parties and an application was filed for amendment of the Election petition under the provision of the Code of Civil Procedure. The Indian Su......itioner also placed reliance in the case of Satya Narain Vs. Dhuja Ram and others, reported in AIR (1974) (SC) 1185, wherein the Supreme Court hold that the Election petition cannot be equated with a plaint in a civil suit. In the case copies of the Election petition were not enclosed with the summo..Category: Election Law | Date: | Hits: 247
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....on is dismissed. Lawyers Involved: Qumrul Islam Siddique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. None represented—For Respondents. Civil Petition for Leave to Appeal No.1810 of 2009. (From the judgment and decree dated the 22nd day of June, 20......o the Deputy Commissioner, Kushtia, Exhibit-'2' and the letter written by the plaintiff to the Upazila Nirbahi Officer, Exhibit-'2 (Ka)'. 10. We have gone through the plaint, as it stood after the amendment, and the deposition of P.W.1. The whole basis of the plaintiff's money claim is, as it app......t the judgment and decree dated the 22nd day of June, 2009 passed a Division Bench of the High Court Division in Appeal from Original Decree No.68 of 1996 dismissing the same. 2. The petitioner as plaintiff filed Money Suit No.3 of 1992 in the Court of Subordinate Judge, Kushtia for recovery of t..Category: Property Law | Date: | Hits: 105
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... the issuance of the Rule Nisi, in brief, are: The petitioner is a public limited company by shares and registered under the Companies Act, 1994. The petitioner-company was granted the certificate for commencement of business by the Registrar of Joint Stock Companies and also granted the licence ......to any security as are or otherwise not deemed by the Exchange to be in conformity with the Regulations shall, upon being called upon by the Council, be amended forthwith and until such time as these amendments are made the provisions of these Regulations shall be deemed to supersede the articles of...... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91...Category: Business or Commercial Law | Date: | Hits: 237
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
....sal of the suit and restoring the same to its original file and number. 2. The opposite parties as plaintiffs instituted a suit in the 6th Court of Munsif, Barisal being Title Suit No.479 of 1994, for a declaration that the decree passed in Title Suit No.244 of 1973 is illegal, void and not bindi...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......er 9 rule 9 read with section 151 of the Code of Civil Procedure setting aside the order of dismissal of the suit and restoring the same to its original file and number. 2. The opposite parties as plaintiffs instituted a suit in the 6th Court of Munsif, Barisal being Title Suit No.479 of 1994, fo..Category: Procedural Law | Date: | Hits: 87
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
.... Criminal Reference Nos.1, 2 and 3 of 1997 Judgment Kazi Ebadul Hoque J. - These three References under section 438 of the Code of Criminal Procedure have been sent by the Sessions Judge, Dhaka for quashing the proceedings of CR Case Nos. 1075 of 1997, 1976 of 1997 and 1080 of 1997 pending bef......(Ordinance III of 1993) which subsequently became সিকিউরিটিজ ও একচেঞ্জ কমিশন আইন (১৯৯৩ সালের ১৫ নং আইন). Some other amendments have also been made in the said Ordinance by the provisions of the said Act No.XVI of 199......s as to whether the said ground would be considered but from his final order resulting in same was considered. 4. Thereafter on 15-5-97 complainant 2nd party filed applications with copy of the complaint petition and list of witnesses before the learned Sessions Judge praying for accepting the sa..Category: Business or Commercial Law | Date: | Hits: 219
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....d to the defendant No.4 and in 1972 the Pourashava relinquished their right over room Nos. 2, 3, 4 and 5 in favour of defendant No.4 by a deed of Nadabi. The Pourashava served a notice on 15.9.72 informing the plaintiff that the proprietary right of room No.3 which was allotted to him has been tra......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......s taken by the Brahman Baria Municipality as lease from the District Council and the Municipality constructed a shopping centre. Block No.2 consisted of 11 rooms and room No.3 was allotted to the plaintiff. This land originally belonged to the defendant No.4 and in 1972 the Pourashava relinquish..Category: Property Law | Date: | Hits: 99
....ich arises out of a pre-emption proceeding under section 24 of the Non-Agricultural Tenancy Act, 1949. The respondents filed application under section 24 of the Non-Agricultural Tenancy Act, 1949 for pre-emption of the auction sale on 24-10-1973 in Certificate Case No.408 of 1967-1968 held by ......d the respondent by an order of the Revenue Officer dated "28-1-67". But it also shows that this splitting up of the original jama was made on the basis of the Mutation Case No.89 6f 1972-73. How the amendment was made six years before the filing of the Mutation Case, its basis? Obviously, Ext. R ha......of cases. In one class, the transfer is made to a co-sharer tenant in the benami of a stranger, and in the other class, no transfer at all takes place but a show of transfer is made as in the case of plaintiff Nibaran. The suit was decreed and the order of pre-emption was declared void.
23. In th..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....ntion of Corruption Act, 1947, pending in the 1st Court of Special Judge at Sher-e-Bangla Nagar, Dhaka, so far as it relates to the accused-petitioner, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that Md. Shah Jalal, Sub-Inspector of Police attached to Haz......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214...Category: Criminal Law | Date: | Hits: 230
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