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Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......ing to Mosque, then he came to know from Lal Miah, cousin of Shahid Master that at the night about 12-00/12-30 O'clock some unknown persons killed Shahid Miah by shooting and after completion 'Fazar' prayer he went to the house of Shahid Miah and saw the dead body and on 19-6-1994 at about 2-00 PM p..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
..... The defendant Nos.1-7 appeared in that suit and filed an application under Order 7, rule 11 read with Order XIV, rule 20 of the Code of Civil Procedure praying for rejection of the plaint or in the alternative for hearing of the law points first. The learned Subordinate Judge, by the order dated 2......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....ate is, in fact, avoiding to pass an order on flimsy grounds and as such the question of approval by the District Magistrate does not arise in such peculiar circumstances. The petitioner had no other alternative but to invoke the inherent jurisdiction under section 561A of the Code of Criminal Proce...... that under Paragraph 910 of the Jail Code the present petitioner is entitled to have the Division-I in the Dhaka Central Jail. But the Chief Metropolitan Magistrate arbitrarily has been refusing the prayers by not following the provisions of Paragraph 910 of the Jail Code runs as follows: “910..Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......ase No.7 of 1979 filed application to resist the same by substituting them as heirs of MA Nasir. But being unsuccessful they (defendant-respondents) filed Title Suit No.269 of 1987 with the following prayer: (a) that a decree declaring that the plaintiffs are the sole legal heirs and successors o..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......respondent created the second sale agreement and took her signature therein by force. The learned Advocate for the defendant-appellant also submits that in the facts and circumstances of the case the prayer for specific performance of contract should be refunded on the ground of hardship as contempl..Category: Civil Law | Date: | Hits: 148
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
....XXXVII of the CPC. But in view of section 15 of the CPC he cannot compel the Court of the higher jurisdiction to dispose of his suits. The higher Court may entertain the suit and try it or may in the alternative refuse to entertain it directing the plaintiff to present the plaint before the Court of...... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263...Category: Procedural Law | Date: | Hits: 92
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......al Judge, Court No.4, Dhaka. The accused-petitioner moved an application under section 241A of the Code of Criminal Procedure for discharge. The learned Special Judge, Court No.4, Dhaka, rejected the prayer for discharge and framed charge against the accused-petitioner and another on 6-7-2009 and be..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....ary to prevailing law and established principles laid down in the said decision of our Appellate Division had wrongly continued with the proceeding. 27. For the foregoing reasons, we have no other alternative but to quash the proceedings. The accused petitioner is, therefore, entitled to get the ......the petition of complain took cognizance of the case against the accused petitioner under section 138 of the Negotiable Instruments Act, 1881. The accused petitioner surrendered before the Court with prayer for bail and he was enlarged on bail. There after the case has been transferred to the Court ..Category: Civil Law | Date: | Hits: 150
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......poration. Mr. Nurullah then submits that the suit itself is not maintainable and the Courts below erred in law in not holding that the suit is hit by section 42 of the Specific Relief Act for want of prayer for consequential relief. The learned Advocate also submitted that the decree as passed being..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......nd proper that this Court exercises its extra‑ordinary jurisdiction to come in aid of the Administrator General and Official Trustee by allowing him to sell in order to preserve it in long run. The prayer for sale of the property mentioned in schedule 'A' is thus allowed and so also the sale of pr..Category: Trust/Waqf Law | Date: | Hits: 166
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....led to challenge the supersession on the ground that this is violative of Article 29 of the Constitution. 11. He has then submitted that even if it is conceded that there is an equally efficacious alternative remedy before the Administrative Tribunal it will not come in the petitioner’s way to ......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
.... because by so doing it would involve itself into a field of investigation which is more appropriate for a tribunal rather than for a Court exercising the prerogative power. The fact, therefore, that alternative remedy is provided by law would not only upon the above principles but upon general prin......lection of the said Union Parishad on the allegation that the respondent No.7 having been a Government servant contested the said election. But the Chief Election Commissioner ultimately rejected the prayer holding that the same point could be agitated before the Election Tribunal. 3. The result ..Category: Election Law | Date: | Hits: 154
Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)
.... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ......in a partition suit the defendant petitioner filed an application for rejection of the plaint under Order 7 rule 11(a) CPC on 21‑4-93. The learned Assistant Judge by the impugned order rejected the prayer. Being aggrieved the defendant moved this Court and obtained the Rule. 2. Mr. Md. Khurshid..Category: Procedural Law | Date: | Hits: 85
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....e made absolute. In view of the fact that both the pre-emptor and pre-emptees are co-share by purchase hence petition under Order VII Rule 11(d) of the Code of Civil Procedure in maintainable. In the alternative he has made a further prayer that if it is decided otherwise the learned Assistant Judge......ct that both the pre-emptor and pre-emptees are co-share by purchase hence petition under Order VII Rule 11(d) of the Code of Civil Procedure in maintainable. In the alternative he has made a further prayer that if it is decided otherwise the learned Assistant Judge be directed to frame an issue on ..Category: Procedural Law | Date: | Hits: 88
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......d as Artha Rin Suit No.32 of 2004. After the Artha Rin Adalat Ain, 2003 (the Ain, 2003) came into force on 1st May, 2003 settlement conference was also held under section 21 of the Ain, 2003 on the prayer of the Bank. The appellant as defendant No.1 filed an application on 20-8-2004 before the Art..Category: Civil Law | Date: | Hits: 138
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......d articles i.e. heroin, he found prima facie case as against all the 3 accused and submitted charge sheet against them under section 19(1) (Ka) of the Madhak Drabbya Niyantran Ain on 19.11.90. On the prayer of the accused, they were granted bail by the Magistrate before whom they were produced. Ther..Category: Criminal Law | Date: | Hits: 81
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......er to the Chittagong Port Authority on various pretext for adjusting contract price of Taka 17,52,58,538 to 27,27,02,614 for Bangladesh currency. The 2nd party Chittagong Port Authority refused the prayer for adjustment of the price. Thereafter 1st party by his letter dated 25-7-2005 requested Chi..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ...... aspect; that the evidence of the crosses examination is essential for arising at a just decision of the case and the learned Sessions Judge, Moulvibazar without considering the same has rejected the prayer for recalling the witnesses; that by rejecting the prayer for recalling the witnesses, the le..Category: Criminal Law | Date: | Hits: 97
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....acious. And the petitioner giving go‑by to such remedy is not entitled to resort to Article 102 of the Constitution. As the appeal lies to the Appellate Tribunal we hold that the petitioner has got alternative and efficacious remedy provided by the Act itself and we are not inclined to exercise ou......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458...Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)
....rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......itted that they were producing the design from long before the date of their application which indicates that the design is not new. The learned Advocate contends that previously the opposite party's prayer for Trade Mark of the word 'National' was rejected even upto the High Court Division in Trade..Category: Intellectual Property Law | Date: | Hits: 257
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