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Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....y, 1989 although several approaches were made to that effect. The plaintiff landlord appeared in the said rent control case and denied all the allegations made in the said case but did not oppose the prayer for depositing the rent without any prejudice being caused to her. The rent controller by ord......iving rise to the filing of this revisional application under section 25 of the Small Causes Court Act and the issuance of this Rule. 2. The plaintiff (landlord) Jahanara Hasan is the petitioner before this Court. She instituted SCC Case No.92 of 1990 for ejectment of defendant Nos. 1 and 2 (tena......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ..Category: Property Law | Date: | Hits: 64
Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
.... Bogra, in Miscellaneous Appeal No.104 of 1996 reversing the judgment and order dated 12-10-96 passed by the learned Assistant Judge, Sonatala, Bogra in Other Class Suit No.91 of 1996 disallowing the prayer of the plaintiff for temporary injunction should not be set aside. 2. The opposite party a...... Appeal No.104 of 1996 reversing the judgment and order dated 12-10-96 passed by the learned Assistant Judge, Sonatala, Bogra in Other Class Suit No.91 of 1996 disallowing the prayer of the plaintiff for temporary injunction should not be set aside. 2. The opposite party as plaintiff filed Other ...... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62....... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62...Category: Employment/Service Law | Date: | Hits: 101
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....Ullah, Majjob Ullah,Najabat Bibi and heirs of Abul Hossain and Ajmot Ullah who are co‑sharers of the said holding were left out. As they appeared in time and prayed for pre‑emption in time, their prayer for pre-emption may be allowed on receipt of the price of land transferred along with interes......ay seem fit and proper. 2. As in both the Rules parties are the same and common question of law is involved, these were heard analogously and are disposed of by this judgment. 3. Facts relevant for the purpose of disposal of both the Rules are as follows: The predecessor‑in‑interest of ......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...Category: Procedural Law | Date: | Hits: 70
Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)
....€‘6-91 for selling the property described in schedule (Ga) of the plaint at Taka. 7, 50,000.00 and had received in all Taka 1, 60,000.00 as earnest money. 5. Learned Subordinate Judge rejected the prayer for addition of party on the ground that the property was mortgaged. 6. Heard Mr. Alaluddi...... MA Azim Khair, Advocate–For the Opposite Parties. Civil Revision No.4581 of 1995. Judgment Md. Golam Rabbani J.- Petitioner Fatema Khatun filed an application under Order 1 rule 10 CPC for adding her as a defendant in Title Suit No.225 of 1991 pending in the 3rd Court of Subordinate J......er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ..Category: Procedural Law | Date: | Hits: 67
Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)
....ding and thereis no certainity when further investigation will be completed and the case will be sent up for trial. 5. Mr. Syed Abu Kawsar, the learned ÂAssistant Attorney‑General, opposes the prayer for bail and submits that the victim has been murdered. 6. Heard the learned Advocate and ....... Syed Abu Kawsar, Assistant Attortiey‑General-For the State. Criminal Miscellaneous Case No.2910 of 1996. Judgment Md. Tafazzul Islam J. - Let the supplemenÂtary affidavit filed today form part of the revisional application. 2. This Rule was issued calling upon the Deputy Commissi......n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ......n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ..Category: Criminal Law | Date: | Hits: 74
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....nd he sat over the matter and gave the award. None from the opposite party appeared to contest the claim of the present petitioner. Thereafter the award was produced before the aforesaid Court with a prayer for notifying the opposite parties for hearing the matter and pronounce the judgment accordin......udge, 3rd Court, Dhaka in Title Suit No.284 of 1993 should not be set aside. The learned Subordinate Judge by the said order accepted the security bond furnished by the present opposite party in the aforesaid suit which was filed under section 33 of the Arbitration Act as amended. 2. The short fa......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
.... that Court in terms of section 53(A) of the Ordinance cannot get any discretionary relief from this Court." We are, therefore, unable to give any relief to the petitioners in such circumstances. The prayer for quashing is liable to be dismissed." There are some other decisions to support this vi......ision No. 1488 of 1993. Judgement AKM Sadeque J. - This rule at the instance of the pititioner Dr. Ahmed Sharif arises out of an application under section 561A of the Code of criminal Procedure for quashment of the CR case No.226 of 1992 under sections 295A and 298 of the Penal Code now pendin......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..Category: Criminal Law | Date: | Hits: 70
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....ecord submitted that Court of appeal below acted illegally in holding that trial Court was wrong in passing the decree for partition as complicated question of title was involved in the suit, when no prayer for establishment of tide was made by the plaintiffs. Mr. Kamal-Ul-Alam, the learned Advocate......chased in the benami of another person. 3. Suit was contested by the defendant Nos.1-6, 7,10,11,17 to 19 by filing separate written statements except defendant No.17-19 and other defendants prayed for saham. Those saham praying defendants also made certain allegations like the other contesting de......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ..Category: Civil Law | Date: | Hits: 86
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....g therein that a complicated question of title is involved in respect of the suit property. After hearing both the parties, the learned Senior Assistant Judge and SCC Judge rejected the defendant’s prayer vide his order dated 19‑5‑1992. 5. Being aggrieved by this order of the Assistant Judg......t facts giving rise to this Rule may be stated as follows: The opposite party, Mr. Arif Ahmed as a plaintiff filed SCC Suit No.10 of 1985 in the 3rd Court of Assistant Judge and SCC Judge, Comilla for eviction of the defendant Mr. Faiz Ahmed Chowdhury from the suit premises. The case of the plain......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89...Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
.... 100% of the penal interest and 30% of the general interest and to allow 3 equal installments for liquidation of the interest. On his application the Board of Directors of the Sonali Bank allowed the prayer with a direction to repay the remaining interest by July, 1992. It was further asserted that ......is against the judgment and order of reversal of the lower appellate Court in an election petition case directing re‑election. 2. The opposite party 1 filed Election Petition case No.6 of 1992 before the Election Tribunal, Mymensingh against the petitioner and opposite party Nos.2‑8 for decla......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ..Category: Election Law | Date: | Hits: 148
....claimed. It observed that the subject matter of the suit arose out of a breach of contract entered into in 1973. The learned Judges were of the view that the Court below was justified in refusing the prayer for stay.
4. Leave was granted to consider whether upon a true construction of the arbitra......ent 2, the People's Republic of Bangladesh, claiming damages of Tk.84 and odd lacs. The plaint case is that Respondent 1 was employed by Appellants in the year 1973, under an agreement dated 13-12-73 for reconstructing Jetties 1-6. Soon after Respondent 1 had completed a part of the work, prices of ...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......ment Habibur Rahman Khan J.- The writ petition under Article 102(2)(b)(i) of the ConstituÂtion of the People's Republic of Bangladesh has been filed by one Mosammat Siria Begum seeking an orÂder for the release of her husband Md. Ofazuddin DeÂwan from detention. 2. On the application of th......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ...... grounds of deÂtention on the detenu and did not inform him of his right of making representation within the time preÂscribed and subsequently also no grounds of detenÂtion was communicated to the detenue at any time when detention orders were extended from time to time. The learned Assistant Att..Category: Criminal Law | Date: | Hits: 66
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....f limitation and for permanent injunction restraining the defendants Nos.1-4 from filling up the suit water reservoir with earth and/or changing its nature and feature in any manner." There were also prayer for temporary injunction and mandatory injunction made in pursuÂance of the suit. 3. It w.......3.1975 passed by the Munsif, 1st Court, Sadar, Sylhet. 2. The respondent opposite parties as plaintiffs filed Title Suit No. 323 of 1970 in the 1st Court of Sadar Munsif, Sylhet in representative form "for deÂclaring customary right of user of the suit water resÂervoir by easement by long user......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....certificate of sale is fraudulent and colÂlusive. 7. The learned Subordinate Judge, on consideraÂtion of the evidence and the materials on record, deÂclared the plaintiffs title and allowed the prayer for recovery of khash possession. Being aggrieved, the contesting delfts. Preferred T.A. No.2......Âpeals No. 24 of 1972 and 33 of 1972 on 2.4.73 and 2.3.73 respectively. 2. The facts of case are that respondent No.1 Sona Miah filed Title Suit No.1 of 1970 in the 1st Court of Sub-Judge, Sylhet for declaration of his title in the suit land measuring 5.75 acres and recovÂery of khas possession......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223...Category: Property Law | Date: | Hits: 66
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
.... holding that the amendment of the election-petition was barred by limitation. According to him without making any fresh allegation, simply a relief was added to the election petition as an alternate prayer to declare the petitioner as the elected ChairÂman. So according to him the character of the......tion Appeal No.2 of 1984 reversing the Judgment and order dated 31.5.84 passed by the learned ElecÂtion Tribunal, Bhola should not be set aside. 2. The petitioner filed the election petition beÂfore the Election Tribunal, Bhola on 29.2.84 chalÂlenging the election of the opposite party No.1 w......erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ......erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ..Category: Election Law | Date: | Hits: 163
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....o decide the right created by the special statute that is the election laws. The learned Assistant Judge has on hearing both sides passed the impugned order dated 22.5.88 rejecting the petitionÂer's prayer holding that such a petition does not lie before filing of the written statement, that the pl......88 by the Assistant Judge, Patuakhali refusing to reject the plaint in Title Suit No.87 of 1988. 2. Opposite party-plaintiff B.D. Habibullah inÂstituted the above mentioned suit on 5.4.88 praying for a declaration that the order dated 1.4.88 of the Election Commission dispensing with the necessi......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ..Category: Election Law | Date: | Hits: 207
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....Civil Procedure is directed against the order dated 18.8.88 passed by Mr. A.K.M. Ishtiaque Hossain, Subordinate Judge, 3rd Court/Dhaka in Title Suit No.14 of 1980 rejecting the defendant-petitioner's prayer for amendment of the written statement. 2. The plaintiff-opposite party No.1 instituted th......rocedure is directed against the order dated 18.8.88 passed by Mr. A.K.M. Ishtiaque Hossain, Subordinate Judge, 3rd Court/Dhaka in Title Suit No.14 of 1980 rejecting the defendant-petitioner's prayer for amendment of the written statement. 2. The plaintiff-opposite party No.1 instituted the suit ......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ..Category: Property Law | Date: | Hits: 58
Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....of Civil Procedure at the instance of the plaintiff-petitioner is directed against the order passed on 10.5.88 by Mr. A.S.M. Salah Uddin Khan, Assistant Judge, Barisal allowing in part the plaintiffs prayer which was for withdrawal of Title Suit No. 94 of 1988 with permission to bring a fresh suit o......e at the instance of the plaintiff-petitioner is directed against the order passed on 10.5.88 by Mr. A.S.M. Salah Uddin Khan, Assistant Judge, Barisal allowing in part the plaintiffs prayer which was for withdrawal of Title Suit No. 94 of 1988 with permission to bring a fresh suit on the same cause ......tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ......tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ..Category: Election Law | Date: | Hits: 152
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....hat suit, the plaintiff caterer namely, M/s Golden Dragon Ltd., filed an application for temporary injunction under Order 39, rules 1 and 2 read with section 151 of the Code of Civil Procedure with a prayer for ad interim injunction praying for staying the operation of the cancellation order challen......ication, Railway Division, General Manager, Bangladesh Railway (East) Chittagong and others including defendant No.11 namely, M/s Tip Top Caterer Ltd., Chittagong Railway Refreshment Room, Chittagong for a declaration that the order issued by the Chief Commercial Manager, Bangladesh Railway (defenda...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
....t date the police prayed for remand of the accused for 5 days. He granted 2 days for the same. He denied the suggestion that the accused denied to make the confessional statement, hence there was a prayer for remand which he granted. He also denied the suggestion that he did not assure the accuse......e No.136 of 1988 convicting the appellants namely Kabir, Shahid Hossain @ Shafi, Sattar and Abdul Matin under section 395 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 5 (five) years and to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for ...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ..Category: Criminal Law | Date: | Hits: 76
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