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Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....f 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 plaintiff's prayer which was for withdrawal of Title Suit No.94 of 1988 with permission to bring a fresh suit on...... 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 plaintiff's prayer which was for withdrawal of Title Suit No.94 of 1988 with permission to bring a fresh suit on the same cause o......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ..Category: Election Law | Date: | Hits: 206
....With the permission of the Chief Metropolitan Magistrate, Dhaka the detenu was kept in police custody upto 2.7.88 for interrogation and investigation. The Chief Metropolitan Magistrate rejected the prayer of the detenu for bail on 7.7.88 and 10.7.88. On 6.8.88 the Sessions Judge, Dhaka passed orde......o holds directorships in a number of companies and travels extensively to hold business negotiations and to conclude contracts. He has regularly visited Bangladesh once or twice or thrice in a year for the last several years to hold business negotiations with the Government owned corporations and ......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
..
Category: Criminal Law | Date: | Hits: 108
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
.... Abdur Rashid J. – Pre-emptors presented the above appeal against an order dated 07‑09‑99 passed by Subordinate Judge, Court No. 2 at Noakhali in Miscellaneous Case 19 of 1996, which rejected a prayer for pre-emption. 2. Short facts for disposal of the appeal are that, on 15‑09‑96 the p......Rashid J. – Pre-emptors presented the above appeal against an order dated 07‑09‑99 passed by Subordinate Judge, Court No. 2 at Noakhali in Miscellaneous Case 19 of 1996, which rejected a prayer for pre-emption. 2. Short facts for disposal of the appeal are that, on 15‑09‑96 the preempto......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485...Category: Property Law | Date: | Hits: 71
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....he Court by accused for time on 07-01‑2004 to move application under section 526 of the Code before the High Court Division and the copy of the order dated 07‑01‑2004 by the Court rejecting the prayer and proceeding with the case, examining witnesses and fixing next date for argument, having f......arad Druta Bichar Ain, 2002, now pending in the Court of Mr. Golam Kabir, Magistrate 1st Class Druta Bichar Ain Adalat Sherpur should not be transferred from that Court to any other appropriate Court for fair and impartial trial and disposal. 2. The matter being urgent service of notice upon Stat......e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281...Category: Criminal Law | Date: | Hits: 71
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
.... Abdur Rashid J. - Plaintiff presented the above appeal against an order dated 15‑04‑04 passed by Joint District Judge and Arbitration Court at Dhaka in Title Suit No. 1 of 2003, which rejected a prayer for mandatory injunction. 2. On 25‑02‑03 the plaintiff instituted the suit first for s......Rashid J. - Plaintiff presented the above appeal against an order dated 15‑04‑04 passed by Joint District Judge and Arbitration Court at Dhaka in Title Suit No. 1 of 2003, which rejected a prayer for mandatory injunction. 2. On 25‑02‑03 the plaintiff instituted the suit first for several ......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....f proviso to section 42 of the Specific Relief Act, inasmuch as the defendants being in possession of the suit land the plaintiffs were required to pray for recovery of khas possession along with the prayer for declaration of title, the Courts below committed no error of law occasioning failure of j......89 dismissing the suit should 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 petitioners as plaintiffs instituted the said suit for declaration that the deed of gift dated 13‑12‑88 executed and registered by Manada Sundari i......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....e service of existing employees the submission have got no substance. And the terms and conditions of such employees of Uttara Bank as were available to them continued even after the transfer. On the prayer of the Uttara Bank Ltd by order dated 14‑2‑87 the plaint was amended by adding Ltd after ...... accordingly, sent the file to the teamed Chief Justice. Learned Chief Justice was pleased to direct us to hear and dispose of the matter. 3. Defendant No. 1 Uttara Bank obtained the Rule against aforesaid decree of reversal. Opposite party No. 1, Syed Abidur Reza as plaintiff on 17‑3-82 inst......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ..Category: Employment/Service Law | Date: | Hits: 174
....costs. The impugned order dated 10‑6‑2002 passed by the Assistant Judge, Gowainghat, Sylhet in Title Suit No.31 of 1999 allowing the amendment of the written statement is hereby set aside and the prayer for amendment of the written statement stands rejected.
The order of stay granted at the t......m fit and proper.
2. The petitioner as plaintiff instituted Title Suit No.142 of 1991 in the Court of the Senior Assistant Judge, Sadar Sylhet impleading the opposite parties as defendants praying for declaration of title to second schedule land and recovery of khas possession therein. The plaint......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51...
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....pellants, has made submission supporting appeal and assailing the judgment and decree appealed from. He has submitted that admittedly the appellant is in possession of the suit land. That appellant's prayer for giving her a chance to adduce further evidence was refused by the trial Court. For that t......rdinate Judge, Second Court, Bogra in Other Class Suit No.2 of 1994 dismissing the suit. 2. The appellant as plaintiff filed the above suit against original defendant Dr. GM Enamul Huq (now dead) for simple declaration of her title in the suit land described in the schedule of the plaint allegin......dates were fixed for that purpose, but she neither deposed further nor examined any witness. Thus she did not avail the opportunity of adducing further evidence allowed to her. None of the grounds of remanding a suit for retrial as provided in Order XLI rule 23 of the Code of Civil Procedure is pres......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ..Category: Property Law | Date: | Hits: 63
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....ormation report against accused Azam Reza. 4. After investigation the police submitted charge-sheet against accused Azam Reza only under sections 302 and 201 of the Penal Code. The petitioner made prayer for bail and lastly, his prayer for bail was rejected by the learned Additional Metropolitan ......ulshan Police Station Case No.18(1)04 dated 10‑1‑2004 under sections 302/201 of the Penal Code now pending in the 3rd Court of Additional Metropolitan Sessions Judge, Dhaka. 2. The short facts for disposal of the Rule is that, the petitioner's wife deceased Joyanti Munshi alias Joyanti Reza c......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ..Category: Criminal Law | Date: | Hits: 96
....calling upon the opposite parties to show cause as to why the impugned order dated 8‑6‑2002 passed by the Senior Assistant Judge, Sirajdikhan, Munshigonj in Title Suit No.12 of 2002 rejecting the prayer of the defendant-petitioners for rejection of the plaint under Order VII rule 11 of the Code ...... show cause as to why the impugned order dated 8‑6‑2002 passed by the Senior Assistant Judge, Sirajdikhan, Munshigonj in Title Suit No.12 of 2002 rejecting the prayer of the defendant-petitioners for rejection of the plaint under Order VII rule 11 of the Code of Civil Procedure should not be set......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
..
Category: Procedural Law | Date: | Hits: 72
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ...... Sinha J. - This appeal by leave is directed against the judgment and order dated 10th July, 2000 of a Division Bench of the High Court Division in Civil Revision No.414 of 1999. 2. Facts relevant for disposal of the appeal are that the appellants (plaintiffs) instituted Title Suit No.45 of 199......d non-consideration of materials on record decreed the suit in favour of the plaintiffs. It is within the competence of the High Court Division to dispose of a matter on materials on record without remanding the suit for fresh decision and extend its jurisdiction to interfere with the concurrent......fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..Category: Civil Law | Date: | Hits: 55
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
.... by force or not can be reconciled and proved proved only by recounting the ballot papers. Therefore, the ballot should be recounted and that is proper to do and, therefore, it is ordered that on the prayer of the petitioner, the recounting is allowed and recount should be held on 3.11.92 in presenc......d is directed against an order being Order No.24 dated 26.10.92 passed by Senior Assistant Judge and Election Tribunal, Sadar, Sythet, in Election Tribunal Case No.3 of 1992 allowing an application for re‑counting. 2. It is the case of the petitioner that he along with respondents Nos. 1‑5 ......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....hna Dhona Goda Bandh by the Government, as a result, the orphanage fell in serious pecuniary hardships and hence the Executive Committee of the Orphanage in a meeting held on 4.7.87 decided to make a prayer for acquisition of the land concerned for digging out another tank over about 4/5 acres of la......East Bengal Vs. Dewan A Ali, 9 DLR 26; Secretary of State Vs. Mask & Co (PC), 67 IA at page 222; Abdul Rauf and others Vs. Abdul Hamid Khan and others, 17 DLR (SC) 515. Lawyers Involved: Lutfor Rahman Mondal, Advocate- For the Petitioners. SM Zillul Haque, Advocate‑For the Opposite Pa......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..Category: Property Law | Date: | Hits: 47
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....a few days but she was not sexually intercoursed by any other person and that because of enmity, her father lodged the FIR against the accused persons which was false and concocted. Thereafter on the prayer of the Investigation‑Officer she was sent to a Medical Board by the local Upazila Magistrat......l, Nurul Islam alias Nuru under section 4(b) and 4(c) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (Ordinance LX of 1983) and sentencing each of them to suffer rigorous imprisonment for 14 years and to pay a fine of Tk. 10,000.00 each, in default to suffer rigorous imprisonment for...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....Bogra Police Station against 13 persons including the petitioner alleging, inter alia, that on 8-2-1975 while his father Taher Mohammad Mondal was going through the process of ablution for the Magreb prayer in the open verandah of his out house, accused (1) Fazlur Rahman, (2) Ansar Ali, (3) Kashem A......e No. 38 of 1976 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The petitioner’s case is that on 9-2-1975 one AK Mohammad Ali lodged a First Information Report with Bogra Police Station against 13 persons including the petitioner alleging, int......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ..Category: Criminal Law | Date: | Hits: 79
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....stry of Finance and the Finance Minister. Petitioner of respective petitions claimed that Secretary passed a favourable order which was never communicated but ultimately by similar order dated 7-3-92 prayer for refund was rejected on the ground of limitation under Rule 11 as well as realization of t...... authority and of to legal effect. 2. Rule in Writ Petition No.3071 of 1992 was issued at the instance of the petitioner MEB Steel Complex Limited calling upon the respondent to show cause in the aforesaid terms for rejecting petitioner’s claim for refund of Taka 63,67,503.00 vide similar order......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)
.... has dealt with the provisions for review of any judgment or order of any court. Rule 1 of Order XLVII of the Code of Civil Procedure has stated that review of a judgment and order can be made on the prayer of any person aggrieved upon discovery of a new and important matter or evidence which, after...... by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents. Civil Review Petition No. 145 of 2010. (From the judgment and order dated 12.03.2009 passed by this Division in Civil Petition for Leave to Appeal No.799 of 2008.) Judgment Nazmun Ara Sultana J. - This is an application f......e is other sufficient reason warranting review of this judgment and order. In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ......e is other sufficient reason warranting review of this judgment and order. In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ..Category: Property Law | Date: | Hits: 58
State Vs. Maruf Raihan, 2011, 40 CLC (AD)
....g bail to the accused-respondent. 9. The accused-respondent is at liberty to move a fresh bail petition before the trial court and the trial court concerned also is at liberty to consider the bail prayer of this accused-respondent afresh on the basis of materials with the record. With the abov......Huda J The State..........................................Petitioner Vs. Maruf Raihan .....................................Respondent Judgment July 21, 2011. Result: The petition for leave to appeal is disposed of. Lawyers Involved: Md. Selim, Deputy Attorney General instr......asis of materials with the record. With the above observation and direction this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897.......asis of materials with the record. With the above observation and direction this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897...Category: Information Technology Law | Date: | Hits: 285
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 22-3-1995 passed by the District Judge, Mymensingh in Miscellaneous Appeal No.14 of 1995 allowing the prayer of the plaintiff opposite party Nos.1-2 for temporary injunction restraining the petitioners ......e is directed against the judgment and order dated 22-3-1995 passed by the District Judge, Mymensingh in Miscellaneous Appeal No.14 of 1995 allowing the prayer of the plaintiff opposite party Nos.1-2 for temporary injunction restraining the petitioners and opposite party No.3 (the Additional Secreta......gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ..Category: Civil Law | Date: | Hits: 85
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