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Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....2 years on the basis of this imperfect document and kept the defendants out of possession for the said period the plaintiffs have acquired a valid title by adverse possession even on the basis of the defective deed of gift.” 13. He next refer the case of Hriday Ranjan Dey Vs. Niranjan Dey being......l thereby committed an error of law resulting in an error in the decision occasioning failure of justice. 18. Mr. Iqbal Hossain, the learned Assistant Attorney-General appearing for the opposite party No.and Mr. ARM Hasanuzzaman, Advocate appearing the opposite party Nos.2(a)-2(m) oppose the Ru..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....levelled against them. He then submits that the instant case is a case of no evidence and the prosecution miserably failed to prove the guilt of the accused-appellants. He submits that the charge was defective as necessary ingredients of the offence was not brought out to the notice of the accused a......irt marked as Exbt.ni, one blood stained gengi marked as material Exbt.IV, one razor marked as Exbt.V. He also stated that the occurrence took place on 26.04.1996 at about 9:00 p.m. and the informant party produced accused Shahid to the Police Station at 2:00 a.m. On the basis of G.D. Entry No.496 d..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ........(13) Lawyers Involved: Zaman Akter, Advocate - For the petitioner. Mosharaf Hossain Sarder, Deputy Attorney-General with Yesmin Begum Bithi, Assistant Attorney-General - For the opposite party. Criminal Miscellaneous Case No.13056 of 2008. Judgment Md. Rezaul Hasan J.- This rul..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......ur Rahman Miah J.- This Rule was issued on an application under Section 561A of the Code of Criminal Procedure filed by the accused petitioner Ahmed Akbar Sobhan @ Shah Alam calling upon the opposite party State represented by the Deputy Commissioner, Dhaka to show cause as to why the Judgment dated..Category: Criminal Law | Date: | Hits: 109
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
.... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ......e upon contending in the writ petition, inter alia, that the order made on 28‑11‑1989 by the respondent No.1 was without jurisdiction in that there is no provision in the Ordinance to appoint 3rd party as Receiver to manage the affairs of the Waqf Estate or to deal with the usufructs of the Waqf..Category: Trust/Waqf Law | Date: | Hits: 85
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
.... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......for a declaration that the Judgment and decree in preliminary form passed in Title Suit No.49 of 1957 is obtained by practicing fraud upon the Court as well as the defendants. The defendants opposite party entered appearance and filed an application under Order VII, rule 11 of the Code of Civil Proc..Category: Procedural Law | Date: | Hits: 94
Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)
....t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......f Uddin Chaklader J Md. Emdadul Huq J Neo Mendes and others..................................Accused petitioners Vs. The State.....................................................Opposite party Judgment June 7, 2007. Result: The rule in Criminal Miscellaneous Case No.8763 of ..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......d a supplementary affidavit, furnishing a certified copy of a Judgment dated 24-5-2004 (Annexure-G), passed in Writ Petition No.3447 of 2000, wherein one of us (Mr. Justice ABM Khairul Haque) was a party. The facts of the said case and the instant case are same and their Lordships took the afore..Category: Property Law | Date: | Hits: 62
Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)
....ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ......1A of the Code of Criminal Procedure for quashing the proceedings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrates, Taherpur in the District of Sunamgonj. 2. Opposite party No.1 Md. Hasan Ali, claiming himself as Chairman of Mamudpur Fishermen’s Co-operative Soci..Category: Civil Law | Date: | Hits: 144
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
....is misc. appeal on the ground that he previously filed a Civil Revision under Section 115 of the Code of Civil Procedure. Thereafter he filed this misc. appeal. He alleged that the case suffered from defect of parties and the principles of waiver. It has been alleged that the misc. case ought to hav......uffered from defect of parties and the principles of waiver. It has been alleged that the misc. case ought to have been dismissed summarily as the petitioner has no cause of action. That the opposite party No.1 is a company and the respondent bank sanctioned long term loan of Tk. 36.400 million and ..Category: Civil Law | Date: | Hits: 127
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
.... interest in the suit land it was quite competent to bring it to the notice of the Court that a decree which is a nullity was passed against it. In such a case of special nature, delay and procedural defect shall not stand on the way of getting the desired relief. Therefore, the revisional applicati......adding the appellant-RAJUK and the Deputy Commissioner, Dhaka as defendant Nos.4 and 5 and the application was allowed on the same date. 12. The relevant portion of the application for addition of party is quoted below:— দেঃ কার্য্যবিধি আইনের আদে..Category: Property Law | Date: | Hits: 104
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
..... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......tant Attorney-General - For the State opposite Party. Criminal Miscellaneous Case No.1565 of 2008. Judgment Sikder Maqbul Huq J.- The instant Rule was issued calling upon the opposite party to show cause as to why the proceedings of Sessions Case No.211 of 2007 arising out of Belkuch..Category: Criminal Law | Date: | Hits: 90
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......003 is legal. (5) Order XXI, rule 17 of the Code does not prohibit amendment of an application for execution after its registration. (6) The petitioner submitted that the application as a third party claimant. So, deposit of 25% decretal money is necessary to maintain her application filed u..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......egotiable Instrument Act, now pending in the Court of Additional Metropolitan Sessions Judge, First court, Chittagong. 2. Events leading to the issuance of the Rule, in short, is that the opposite party No.2 Mr. Arshadul Shafi filed a C.R. Case against accused petitioner Haji Mohammad Salim Ullah..Category: Criminal Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ...... No one appears - For the Opposite Party. Civil Revision No.363 of 2006. Judgment Faruque Ahmed J.- This rule at the instance of the plaintiff petitioner was issued calling upon the opposite party to show cause as to why the impugned judgment and decree complained of in the revisional appli..Category: Civil Law | Date: | Hits: 114
....t as defendant No.5 by filing written statements denying the material allegations made in the plaint and contenting, inter alia, that the suit was not maintainable in its present form, that there was defect of parties, and that the Title Suit was liable to be dismissed.
6. Both sides examined wit......ific performance of Contract.
3. The Title Suit No.424/79 was transferred to the Court of Senior Assistant Judge, Shingair and it was renumbered as Title Suit No.118/83.
4. On 27.02.91 opposite party No.1 Rafique Uddin Ahmed filed an application under order 1, Rule 10 of the Code of Civil Proc..
Category: Civil Law | Date: | Hits: 103
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ......Party Judgment October 7, 2012. Result: The Rule is discharged with modification. Lawyers Involved: M. Shamsul Haque, Advocate-For the petitioner. No one appears-For the opposite party. Civil Revision No.568 of 2004. Judgment Md. Ruhul Quddus J.- This Rule at the instan..Category: Family Law | Date: | Hits: 117
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......Khurshid Alam Khan, Advocate - For the Petitioner. No one appears - For the Opposite Parties. Civil Revision No.1730 of 2006. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned Judgment and order dated 20-4-2006 p..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......udgment and Decree awarded in favour of defendant-petitioner of Civil Revision Case which had been maintained by Appellate Division rendering final touch has been ventured to be, thwarted by opposite party who is no other than the Government of the People's Republic of Bangladesh represented by Depu..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....gedly got married for the second time without consent of his first wife (herein defendant-opposite party) was trying to drag the matter. 8. The Senior Assistant Judge though found some latches and defect on the part of the defendant-opposite party because of not examining the doctor who issued me......disposal of the Rule as it appears from the record, in brief, are that the petitioner instituted Other Class Suit No.152 of 1994 in the Court of Senior Assistant Judge, Gaibandha against the opposite party for declaration that kabinnama dated 8.2.1993 registering their marriage was illegal, ineffect..Category: Procedural Law | Date: | Hits: 105
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