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Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....n for amendment. In support of his contention the learned Counsel refers the case of Nizamuddowla Vs. Nurul Islam reported in 22 DLR 277 wherein it has been held: "Earlier application for amending prayer portion was rejected by the trial Court-Subsequent application with a new prayer, through in ......estion the legality and propriety of the judgment and order dated 17-1-2002 passed by the learned Joint District Judge, First Court, Chittagong, in Title Suit No.41 of 2000, allowing an application for amendment of the plaint. 2. Short facts leading to this Rule are that on 22-3-2000 opposite p......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141...Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... reported in 11 DLR (SC) 140, the Supreme Court of Pakistan observed. ".....a person seeking Judicial review must show that he has a direct personal interest in the act which he challenges before his prayer for review is entertained." That Writ Petition was filed under Article 170 of the Constitutio...... matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ..Category: Constitutional Law | Date: | Hits: 270
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....dgment Mahmud Husain CJ.- This appeal by special leave is against the summary dismissal of the writ petition by a Bench of the High Court passed in writ jurisdiction wherein the appellant made a prayer for declaring the order No.12 dated 15-7-77 passed by the Election Tribunal (Munsif, 2nd Cour...... Mahmud Husain CJ.- This appeal by special leave is against the summary dismissal of the writ petition by a Bench of the High Court passed in writ jurisdiction wherein the appellant made a prayer for declaring the order No.12 dated 15-7-77 passed by the Election Tribunal (Munsif, 2nd Court), Cha......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297...Category: Election Law | Date: | Hits: 159
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....Corruption Commission Act, 2004 in appropriate cases. 12. On perusal of the record, it appears further that the trial Court issued process against the accused-petitioner and also rejected the bail prayer of the accused No.1 indicating that cognizance has been taken in the case. So the submission ......oper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned Case was stayed and the accused-petitioner was also granted ad-interim bail. 3. The relevant facts for disposal of the Rules are that the petitioner Mrs. Rowshena Jahan accused No.2 is the wife of ac......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..Category: Criminal Law | Date: | Hits: 100
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
....gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......e-passed against the appellant under Section 19A(f) of the Arms Act read with Item No.3 of the Schedule to the Special Powers Act, 1974 and remanding the case to the Appellate Tribunal with direction for re-hearing and disposal of the appeal expeditiously, in any case, within 6 weeks from the order.......34 of 1977 setting aside the order of conviction and sentence-passed against the appellant under Section 19A(f) of the Arms Act read with Item No.3 of the Schedule to the Special Powers Act, 1974 and remanding the case to the Appellate Tribunal with direction for re-hearing and disposal of the appea......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310...Category: Criminal Law | Date: | Hits: 91
....d that at the relevant time, in the year 1961-62, provisions of section 93A of the Town Improvement Act, 1953 (TI Act, 1953) were not in existence. That application having been allowed, an additional prayer was inserted as A(1) "to show cause as to why the proceedings of LA Case No.138/61-62 so far ......Petitions)—For the Respondents-RAJUK.
Writ Petitions No. 8065 of 2006 & 4116 of 2007.
Judgment
Md. Imman Ali J. - Both these Writ Petitions concern a piece of land, which was acquired for the purpose of development of residential areas by RAJUK in LA Case No.138/61-62. In Writ Petiti......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
..
Category: Property Law | Date: | Hits: 106
M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)
....ritten statement and the suit was ultimately ready for peremptory hearing and peremptory hearing also started and one witness of plaintiffs also was examined in part. Thereafter, on the plaintiffs' prayer several adjournments were allowed. On 24.01.2005 also the plaintiffs prayed for adjournment a......cate-on-Record— For the Petitioner. A. Y. Mosihuzzaman, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-6—Not represented. Civil Petition for Leave to Appeal No. 1772 of 2009. (From the judgment and order dated 19.04.2009 passed by the......ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ..Category: Procedural Law | Date: | Hits: 75
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....Patna 560, cited by Mr. Faruque Ahmed, wherein the plaints of the suits were returned to the plaintiffs for being presented in proper Court. In that decision it was observed that in one of the plaint prayer was made for a declaration that the lands were raiyati lands of the plaintiff and for permane......4 returning the plaint shall 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 as plaintiff instituted the suit praying for the following decrees mentioned in the plaint as follows: a) Pass a decree against the defend...... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
....enancy Act before the Circle Officer (Rev.) for getting the suit land recorded in her name and he referred the matter to the defendant No.2 who after perusing all the material on record, rejected the prayer for correction of the record vide impugned order dated 23.05.1978. Lastly it has been alleged......ipur in Title Suit No.48 of 1986 should not be set aside and/or pass such other or further order or orders passed as to this Court may seem fit and proper.
2. This matter appears in the cause list for hearing with the name of the learned Advocate for the petitioner. When the matter is taken up fo......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
..
Category: Property Law | Date: | Hits: 82
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....itle and possession in the said 2.141/2 acres of land of Plot No.605. 5. The defendant No.21 Md. Ramjan Ali, Director (Administration) of Sarkari Karmachari Sammilita Kallyan Trust, Gazipur in his prayer for saham has supported the case of the defendant Nos.10, 14 to 20 and has stated that the ...... Quiyum, Senior Advocate instructed by Haridas Paul, Advocate-on-Record—For Respondent No.4 (In both the cases). Respondent Nos.1-3, 5-33 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos. 797-798 of 2010. (From the judgment and order dated 23.11.2009 passed by......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394...Category: Property Law | Date: | Hits: 72
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....arty No.1 as applicant filed Misc. Case No.39 of 2002 under Order XXI Rule 58 of the Code of Civil Procedure before the learned Joint District Judge and Additional Artha Rin Adalat No.1, Dhaka with a prayer for stay of the attachment and auction sale of the scheduled property of the Title Execution ......y the Order No.24 dated 28.9.2003 passed by the learned Joint District Judge, 2nd Court, Narayanganj in Title Suit No.31 of 2002 should not be set-aside. 2. Material facts of the case as necessary for the disposal of the Rule are that the petitioner, Arab Bangladesh Bank Ltd. as plaintiff filed T...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ..Category: Civil Law | Date: | Hits: 141
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
....I of 1985) with effect from 15th June, 1985. Magistrates were divested of the powers under section 488 CrPC to pass any order for maintenance as because the jurisdiction to entertain and dispose of a prayer for maintenance vested exclusively in the Family Court constituted under the Ordinance and, a...... the Sessions Judge, Madaripur in Criminal Motion No.13 of 1987 should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. 2. Facts necessary for the purpose of disposal of this Rule are as follows‑ The present Petitioner Meher Negar on ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..Category: Family Law | Date: | Hits: 215
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
.... any other case. 12. Communicate this order at once. The learned Deputy Attorney General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......ngladesh, Deputy Secretary (Security), Ministry of Home Affairs, Government of Bangladesh and Deputy Inspector General (Prisons) Dhaka Central Jail, Dhaka to show cause as to why Mr. Stefan Pirker, a foreign national, should not be released from custody on the ground that he had been detained illega......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......ion. 5. Mr. Rokanuddin Mahmood took us through the detention order, grounds of detention and his petition and thereafter he submits that the grounds of detention as in Annexure‑'E' served on the detenue are all false, baseless, vague and uncertain and indefinite, that the so called grounds are ..Category: Criminal Law | Date: | Hits: 200
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....ent Abu Sayeed Ahammed J. -The defendants are revisionist. Fray is among the collateral relations of the same family. We are called upon to consider whether in a suit for ejectment of licencees, a prayer for declaration of plaintiffs title in the suit holding can be allowed by amending the plaint......ion No. 2834 of 1993. Judgment Abu Sayeed Ahammed J. -The defendants are revisionist. Fray is among the collateral relations of the same family. We are called upon to consider whether in a suit for ejectment of licencees, a prayer for declaration of plaintiffs title in the suit holding can be ......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...Category: Property Law | Date: | Hits: 151
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....llants, even if, the allegations made against them are accepted to be true, and that as such the proceeding was liable to be quashed. The learned Judges of the High Court Division have rejected the prayer for quashment on the view that the labour Contractor and labour Sardars could be termed as pu...... holding that the labourer under a Government contractor is a public servant within the meaning of S.21 of the Penal Code. 2. It appears that a criminal proceeding being G.R, Case No.242 of 1976 before the Summary Military Court, Sadar, Noakhali is pending, where the two appellants along with Mur......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ..Category: Criminal Law | Date: | Hits: 115
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....ring on the ground that defendant No.1 have not yet filed written statement and the issues having not been framed, the matter regarding maintainability could not be heard. In accordance with the said prayer, the hearing of the matter relating to maintainability was postponed, till after the filing o......ate, intruded by H.C. Panday, Advocate-on-Record—For the Petitioner. Nizamuddin Haider, Advocate, instructed by M. R. Khan, Advocate-on-Reeord—For the Respondents No.1 and 2. Civil Petition for Special Leave to Appeal No. 173 of 1977. (From the Order dated 3-6-77 passed by the High Cou...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..Category: Civil Law | Date: | Hits: 111
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....defendants contending that the defendant No. 1 Mrs. Farzana Begum opened an account being CC No. 69 in the Pubali Bank, Bashabo Branch, Dhaka for extending loan to get support in the business. On her prayer, the plaintiff had sanctioned loan limit of Taka 40,000 on 2-8-1980 and the defendant No. 1 f......rned Subordinate Judge (Joint District Judge), Artha Rin Adalat No. 3, Dhaka, in Title Suit No. 209 of 1990 dismissing the suit. 2. The Pubali Bank as the plaintiff, filed the above mentioned suit for realisation of loan money sanctioned under a usufructury mortgage against the defendants contend......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49...Category: Civil Law | Date: | Hits: 116
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....the bank by letter dated 13-12-2006 and requested the bank to confirm the rescheduled arrangement. Certified copy of the order passed in the aforesaid Writ Petition No.10946 of 2006 shows that on the prayer of the petitioners the Rule of the said writ petition was discharged for non-prosecution by o......pany engaged in jute mills business and petitioner No. 2 is its Managing Director. Petitioner No. 1 has been enjoying various loan, overdraft and banking facilities from its banker, respondent No. 3, for the purpose of its business; that the respondent No.1 has been enjoying various loan, overdraft ...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ..Category: Civil Law | Date: | Hits: 121
....on which made the Rule absolute and declared Annexure-‘H’ to the Writ Petition to have been issued without lawful authority. The salient findings of the High Court Division are as follows:
The prayer of the petitioner for correction was refused on the ground of delay of 30 years and no other ......nverted into figure ‘7’. In view of the anomaly in the service book the petitioner thought it necessary to obtain a duplicate Secondary School Examination Certificate. He took all necessary steps for the purpose. Eventually the petitioner succeeded in obtaining a duplicate certificate of the res......y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
......y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
..
Category: Employment/Service Law | Date: | Hits: 739
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....ch was addressed to the Managing Director, Bangladesh Shipping Corporation, namely, the Contemner No.1 and this letter was given personally by the present petitioner. The subject of this letter shows prayer for allowing the petitioner to join as the Secretary of the BSC in compliance with the verdic......vil Rule No.130 (R) of 1994 (Contempt). Judgment Md. Mozammel Hoque J.- As per order of this Court dated 29-7-97 the contemner-opposite party No.1 is present in Court in person. 2. This Rule for Contempt of Court was issued calling upon the opposite party Nos. 1 and 2 to show cause as to wh......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209...Category: Others | Date: | Hits: 142
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