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Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)

....rmation and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......e proceedings avoided. Therefore, amendment of pleadings can be be considered if the pro­posed amendment will in no way change the nature and character of the suit rather it is required for the proper and complete adjudication of the suit which is very much consistent, relevant, material and n..

Category: Procedural Law | Date: | Hits: 114

Smith Co-Generation (Bangladesh) Private Limited Vs. Bangladesh Power Development Board, 2010, 39 CLC (HCD)

....oma, 73102, United States of America……………Award-holder-Petitioner Vs. Bangladesh Power Development Board, represented by its Chairman, Wapda Building, Motijiheel Commercial Area, Dhaka and an others……………Judgment-debtor-Opposite Party Judgment June 7, 2010. Result: ......ng in the present case but the Court of District Judge, Dhaka having failed to appreciate this simple legal aspect of the case and thereby seriously erred in law in passing the impugned order without properly his judicial mind into the facts and circumstance of the case and law bearing on the subjec..

Category: Civil Law | Date: | Hits: 178

Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)

.... Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......veniently be presented tersely. 4. Petitioners-as Plaintiffs instituted a Suit being Title Suit No.278 of 1998 in the Sixth Court of Assistant Judge, Dhaka for declaration of title on .34 acres of property described in schedule to plaint. Averments made in plaint are that Panchananda was owner of..

Category: Procedural Law | Date: | Hits: 155

Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)

....nce. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ......” (1) Whether the suit is maintainable in its present form? (2) Whether the suit is barred by limitation? (3) Whether the suit is bad for defect of parties? (4) Whether the suit is valued properly and Court fees are correct? (5) Whether the plaintiffs have right, title and possession ..

Category: Property Law | Date: | Hits: 100

Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)

....gment Md. Azizul Haque J.- On an application under Section 115(1) of the Code of Civil Procedure, this Rule was issued calling upon the Opposite party Nos. 1-9 to show cause as to why the judgment and decree dated 24-2-1997 passed by the Sub­ordinate (now Joint District Judge), First Court, Rang......sking him to show cause as to why he should not be dismissed from service and file a written objection on or before 17-10-1993. The plaintiff submitted his reply stating that the enquiry was not held properly and prayed for holding the enquiry headed by a Magistrate. But the Managing Committee, with..

Category: Civil Law | Date: | Hits: 144

Md. Siddiqur Rahman and others Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....is also Reported in: ......d in the war of liberation by payment of state honorarium. The petitioners applied to the Trust at different times in between 1997-1998 for enlistment as disable freedom fighters. The authority after proper scrutiny found them genuine disable freedom fighters and started giving them state honorarium..

Category: Constitutional Law | Date: | Hits: 237

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

.... High Court Division (Dhaka) (Criminal Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdndul Haque Azad J State........................Appellant Vs. Nazma Sarker @ Beauty and 3 others & another absconding convict Ahidul…………..Condemned-prisoners   ......the trend of cross-examination of the prosecution witnesses, is that all the accused persons are quite innocent and that the informant has falsely implicated them in this case with intent to grab the property of the deceased Hanif Sarker and that the confessional statements have been obtained from t..

Category: Criminal Law | Date: | Hits: 99

Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

....1998) 616. ......casioning failure of justice. 7. Mr. Syed Mahmud Hossain, the learned Advocate appearing for the pre‑emptor‑opposite party, on the other hand, submits that the learned Court of Appeal below on proper consideration of the facts and circumstances of the case and the evidence on record, was perf..

Category: Property Law | Date: | Hits: 91

AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)

....High Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J AKM Abu Sayed Chowdhury……………………………Petitioners Vs. AKM Abdul Wahed Chowdhury and others…………………………Opposite Parties Judgment March 23, 2011. Result: ......r Rahman Vs. Mobarak Ali reported in 3 MLR 1998 207 = 50 DLR 55 wherein their Lordship held that, "when the con­current finding of fact of the trial Court as well as the Court of Appeal are based on proper apprecia­tion of evidence on record and are not vitiated by the non-reading and mis-reading ..

Category: Procedural Law | Date: | Hits: 110

Nazmul Hossain (Md.) Vs. State, represented by the Deputy Commissioner, Patuakhali and others, 1992, 21 CLC (HCD)

....ial Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Nazmul Hossain (Md.)................Petitioner Vs. State, represented by the Deputy Commissioner, Patuakhali and others .............Respondents Judgment August 10, 1992. Result: The Rule is made a......t jurisdiction he does it wrongly or irregularly the action can be said to be done within the purported exercise of his jurisdiction. But, an act which is manifestly without jurisdiction, such as the property which not being an abandoned property within the meaning of President’s Order 16 of 1972 ..

Category: Criminal Law | Date: | Hits: 84

Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)

.... in: 50 DLR (HCD) (1998) 613. ......by the learned Munsif (now Assistant Judge) Bagha, Rajshahi in Other Class Suit No.52 of 1985 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Briefly stated, the facts for disposal of the this Rule are, that the plaintiff (petit..

Category: Property Law | Date: | Hits: 77

Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)

....Lahore 733. Lawyers Involved: Menhazuddin Ahmed, Advocate ‑ For the Petitioner. Civil Order No. 3228 of 1998. Judgment Md. Abdul Karim J.- This application at the instance of the husband‑petitioner under section 115 of the Code of Civil Procedure is directed against the judgment a......chment for her, that would not in any way affect the liability of the father to maintain the children. If the father objects to the custody of the children and want to assert his own legal right, the proper course for the father would be to apply for his custody, but so long as the custody of the ch..

Category: Family Law | Date: | Hits: 136

Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....t Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Moinul Islam Chowdhury J Signage…………………………Petitioner Vs. Commissioner of Customs and others…………………………..Respondents Judgment June 10, 2010. Result: Th......eparate service code should not be declared to have been made without lawful authority and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. The relevant facts for disposal of this Rule are as follows: The petitioner is a pa..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......isions of the Bangladesh National Building Code, 2006 at every level of construction and demolition of any building and/or why such other or further order or orders, as to this Court may seem fit and proper, should not be passed. 2. Shortly stated the relevant facts necessary for disposal of the ..

Category: Labour and Industrial Law | Date: | Hits: 163

Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)

....his Case is also Reported in: 7 LG (HCD) (2010) 371. ...... of 2003 which is pending in the Court of Joint District Judge, 2nd Court, Cox's Bazar should not be set aside and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. The facts relevant for disposal of this rule briefly are that, on 16.04.2009 opposite ..

Category: Criminal Law | Date: | Hits: 54

Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)

.... Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......Appall No.182 of 1991 for impleading them as parties under Order 1 Rule 10 read with section 151 of the Code of Civil Procedure stating that the petitioners have right, title and interest in the suit property as described in the schedule of the plaint. The learned subordinate Judge upon hearing the ..

Category: Property Law | Date: | Hits: 96

State Vs. Arman Ali and another, 2008, 37 CLC (HCD)

.... ...... occurrence and that the learned Judge convicted the persons only on the basis of confessional statement made by the accused Arman. It is further submitted that the learned trial court failed to take proper care and caution in assessing the evidence of par­tisan and interested witnesses and that th..

Category: Criminal Law | Date: | Hits: 106

Ejlash Mia Vs. State, 2010, 39 CLC (HCD)

.... 4, 2010. Result: The Rule is disposed of. Lawyers Involved: S. M. Abdur Rouf - For the Accused-Petitioner.  Md. Ensan Uddin Sheikh, Assistant Attorney-General, Md. Jahangir Alam and Ms. Beadura Ansari, Assistant Attorney-Generals - For the State-Opposite Party No.1.  Cr......arising out of Rangunia Police Station Case No.5(5)93 corresponding to G.R. No.50 of 1993 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus:- 3. One Sunil Kuma..

Category: Criminal Law | Date: | Hits: 90

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....……………………Petitioner (In Writ Petition No.2669 of 2000) Advocate Md. Tajul Islam………………………………Petitioner (In Writ Petition No.6451 of 2007) Vs. Bangladesh and Others…………………………………Respondents (In both the Writ Petitions) Judgmen......y the Regional Council Act of 1998 (Act No.12 of 1998) should not be declared unconstitutional and, therefore, void or such other or fur­ther order or orders passed as to this Court may seem fit and proper. A further Rule Nisi issued in Writ Petition No.2669 of 2000 call­ing upon the Respondents t..

Category: Constitutional Law | Date: | Hits: 314

Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)

.... The State……………………………………Opposite Party Judgment November 26, 2008. Result: The rule is discharged. Cases Referred to- Golam Mohammad Vs. Muzammal khan and 4 others, PLD 1967 SC 317; Md. Alam and 3 others Vs. The State, 19 DLR (SC) 242; Shadu Miah and ......on over Civil and Criminal Courts of the land. The power in a sense are inalienable attribute of the position it holds with respect to the Courts subordinate to it. Thus, the High Court Division is a proper case possesses the inher­ent power to quash any proceeding, Judgment or decision of any Cour..

Category: Criminal Law | Date: | Hits: 99