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Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

....rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......s Rule under section 115 of the Code of Civil Procedure is directed against an order passed by Subordinate Judge and Artha Rin Adalat, Bogra on 30-11-95 in Partition Suit No.149 of 1993 rejecting the prayer for transposition of the defendant-petitioners into the category of the plaintiff. 2. T..

Category: Civil Law | Date: | Hits: 154

Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)

....trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......o. 44 of 1986 Judgment AM Mahmudur Rahman J.- In this Rule the question that falls for determination is whether an appeal lies to the District Judge from order of the trial Court refusing the prayer for temporary injunction in a suit for specific performance of contract valued at Tk. 48,000...

Category: Procedural Law | Date: | Hits: 102

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......5 of the Trust Act, 1882. Reliance may be placed on Hashem (Md.) Vs. Bangladesh and ors, 43 DLR (1991) 109, wherein it has been held that when the suit property is in possession of the Government, no prayer for recovery of possession is required. If it is declared by the Court that the property is n..

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

....training the BSRS in disposing of the machineries of the petitioners under the aforesaid Article and Rules and it is now well settled that the remedy provided by this Article 34 is an independent and alternative remedy available to the BSRS and against the decree granted by the District Judge under ......ha Rin Adalat. Against these orders the present petitioner moved this Court and obtained the Rule in the aforesaid writ petition wherein subsequently an application was filed by the petitioner with a prayer for stay of the impugned orders and also of stay of all further proceedings of Money Suit No...

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308.......nal evidence. 23. At the time of hearing of this Rule the petitioner has submitted an application duly sworn by its director and constituted attorney for amendment of the plaint by dropping the prayer "Kha" in the plaint and omitting the words “ও নির্দেশমূলক আজ্..

Category: Procedural Law | Date: | Hits: 113

Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)

....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......r. Thereafter notice was issued to the accused petitioner to appear before the said Tribunal. Subsequently on 18.8.90 petitioner surrendered before the Special Tribunal and prayed for bail, but this prayer for bail was rejected. By another order of the same date the case was fixed on 5.9.90 for wi..

Category: Criminal Law | Date: | Hits: 73

Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)

.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......idering the evidence on record and without arriving at its own independent finding. 18. The Appellate Court modified the decree passed by the Family Court in a manner which has no relevance to the prayer of either of the parties. Modification of the decree passed by the appellate Court reads as f..

Category: Family Law | Date: | Hits: 265

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......f. Cl. (d) refers to suits "For the determi­nation of any other right to or interest in im­movable property." It seems to me difficult to apply that description to the present suit, for there is no prayer in the plaint for the determina­tion of any such rights. All that it asks for is a declarati..

Category: Property Law | Date: | Hits: 136

Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)

....ction of the Court, the Arbitrator or Umpire shall cause the award or a signed copy of it to be filed in Court and the Court shall thereupon give notice to the parties of the filing of the award. Two alternative pre-conditions are there, namely, at the request of any party to an arbitration agreemen......the Arbitrator, who on 28.11.66 gave an award. The defendant was duly notified by the Ar­bitrator about the making and signing of the award. The plaintiff filed this award in Court on 22.9.67 with a prayer for making the same Rule of the Court and for a decree in terms of the award. 3. The defen..

Category: Procedural Law | Date: | Hits: 93

Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

.... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......tion of Suresh Chandra Majumder one of the Plaintiffs for transposing plaintiff Nos.1-5, 8-11, 14, 17 and 18 from the category of plaintiffs to the category of pro-­forma defendants and allowing the prayer of plaintiff Nos.1-3 and 8-10 to withdraw themselves from the suit. 2. The petitioner’s ..

Category: Procedural Law | Date: | Hits: 82

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ......then Chief Engineer, Roads and Highways Department under Memo No.204-CE dated 5.4.84 addressed to the Secretary, Ministry of Communications, Road, Highways and Road Transport Division recommended the prayer of the peti­tioner for his encadrement into the Senior Service Pool. After successful comple..

Category: Employment/Service Law | Date: | Hits: 209

State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)

....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......s Ext. 15/1. 41. During cross-examination by defence this P.W. 11 has stated that he put his signature in the seizure list at the Police Station and that when he came out of the Mosque after Asar prayer Police took him to the Thana from the road. 42. P.W. 12 Dr. A.S.M.Musa Khan, R.M.O. Sadar..

Category: Criminal Law | Date: | Hits: 105

Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)

....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......the appeal the plaintiff-appellant-opposite parties did not file any application before the Court of appeal below for acceptance of the documents filed by them before the trial Court or made any oral prayer to accept the documents as evidence filed by the plaintiffs with the plaint of the suit. This..

Category: Procedural Law | Date: | Hits: 113

Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)

....nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......ation of the original suit allowing the Miscellaneous Case No.1 of 1994 dated 19‑8‑95 was held against the plaintiffs­ opposite party. Order No.33 dated 9‑10‑95 indicates that in view of the prayer made by the plaintiff‑(opposite party) supported by affidavit and deposit of cost of Taka 7..

Category: Procedural Law | Date: | Hits: 94

Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corrup­tion Officer & others, 2001, 30 CLC (HCD)

....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......re is no reference of any pending case against the petitioner or her husband. From the provision of section 165 CrPC, it is clear that the police officer while investigating the offence may make such prayer before the Sessions Judge and the Sessions Judge also in appropriate cases after being satisf..

Category: Criminal Law | Date: | Hits: 305

AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)

....he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......2000. In that case petitioner was acquitted and filed petition to the respondents to withdraw the suspension order and to reinstate him in service. But the respondents without paying any heed to his prayer started departmental proceeding for further inquiry and suspended the petitioner from the ser..

Category: Employment/Service Law | Date: | Hits: 147

Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

.... all the vices associated with Zamindari, specially the alleged outrageous sensuality of Hason Raza, his patronisation of the Baizees, so much so that his widowed mother Hurmat Jahan finding no other alternative had to appear at the ‘Jalsha’ in the guise of a Baizee to restrain and bring back he...... the film ‘Hason Raja’ should not be suspended till hearing of the Rule as prayed for. Release of the film was stayed for 4 (four) weeks by order dated 14‑12‑2002. 2. On a reference to the prayer we have noticed a very unusual and curious phenomenon i.e. prayer (A) was couched/made in the..

Category: Civil Law | Date: | Hits: 210

Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)

.... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ......he suit under section 21 of the Ain, 2003 in terms of settlement conference. 3. The decree holder bank then put the decree in execution in Artha Rin Execution Case No.75 of 2004. Eventually on the prayer of the bank, the learned Judge of the Adalat by the order dated 9-8-2006 sentenced the petiti..

Category: Civil Law | Date: | Hits: 140

Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)

....ous and if any offence in disclosed and the same can be decided by the trial Court in course of trial on examining the witnesses. But in this case no charge had yet been framed. The petitioner had an alternative remedy to agitate her grievance at the time of framing charge under section 241A of the ......ruption Act, 1947 and the case was rightly filed under section 420/109 of the Penal Code as the offence is disclosed in the first information report and charge sheet. He further submits that the very prayer of the petitioner to the then Prime Minister stating that she had no land or any apartment in..

Category: Criminal Law | Date: | Hits: 137

Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

....deed if another Taka 20,000 were not paid to defendant No.1; that the plaintiff sent a legal notice to defendant No.1 through their lawyer on 16-3-1993 but no response was made; that finding no other alternative the plaintiffs filed criminal case No.68 of 1993 under section 406 and 420 of Penal Code......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..

Category: Property Law | Date: | Hits: 90