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AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
....st the petitioner under sections 4(2) and 5(1) of the Act by the order dated 31-1-1990. 4. On 6-5-1990 petitioner filed an application under section 241A of the Code of Criminal Procedure with the prayer of discharging him from the proceeding contending, inter alia, that provision of law as in th......to submit statement of properties, movable and immovable, in his name or in Benami, in the name of his wife and in the name of the persons dependent on him as well as of liabilities in the prescribed form within the specified time. Petitioner submitted statement on 30-5-1989. The Bureau again served...... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274....... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274...Category: Criminal Law | Date: | Hits: 62
Abdul Karim Vs. Gousddin and others, 1998, 27 CLC (HCD)
.... Case No.156 of 1967 should not be quashed. 2. Learned Advocate for the petitioner submitted that learned Magistrate on consideration of the facts and circumstances of the case having rejected the prayer of the first party for delivery of possession of the disputed land learned Additional Session......ng aside the order dated 5-7-1995 passed by the learned Magistrate First Class, Sylhet in Misc. Case No.91 of 1989 arising out of NGR Case No.156 of 1967 should not be quashed. 2. Learned Advocate for the petitioner submitted that learned Magistrate on consideration of the facts and circumstances......gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259.......gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259...Category: Criminal Law | Date: | Hits: 65
State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)
....arding visiting the residence of the Judges in the week and with mala fide motive and asking the Assistant Bench Officer to remove the order-sheet containing order dated 12-2-89 rejecting the earlier prayer for bail in Criminal Appeal No.13 of 1989. But he admitted the allegation of serving notices ......Miscellaneous Case opposite party, Mr. MA Wahab, an Advocate of this Court, was directed by a Division Bench on 29-5-89 to show cause why his name should not be referred to the Bangladesh Bar Council for taking disciplinary action against him for committing the following misconduct: “In course of ......iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257...Category: Criminal Law | Date: | Hits: 92
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
.... defendants No.2 to 4 from, taking over and entering into the suit land during the pendency of the said Title Suit No.19 of 1984 for permanent injunction. 4. The defendants No.2 to 4 contested the prayer of the plaintiffs for temporary injunction by filing written objection contending, inter alia......€¦â€¦Petitioners Vs. Arju Miah & Others…………………Opposite Parties. Judgment August 21, 1991. Result: The Rule is made absolute. Case Referred to- Commissioner for the Port of Calcutta Vs. Suraj Mull Jalan and others, 1928 AIR Calcutta at 464. Lawyers Invol......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656...Category: Property Law | Date: | Hits: 61
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....y defendant No. 1 and defendant No. 5 by filing two separate sets of written statement. After the filing of the written statements the plaint was amended on 21‑3‑1992 vide Order No.51 by adding a prayer to the prayer (b) to the effect; "get allotment of the suit property is holding No. 76, Mo......gment and are disposed of by this single judgment. 2. The opposite party No. 1 (in both the Rules) filed Title Suit No. 144 of 1975 in the court of Subordinate Judge, 3rd court, Dhaka, on 3-9-1975 for declaration that the letter dated 25‑8‑1975 issued by the defendant No. 1 cancelling his le......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....appeared before the Court on behalf of the State on 18.11.92. The case was heard in part and the learned Deputy Attorney‑General prayed for some time to file an affidavit in this matter and on such prayer the case was adjourned. On 01.12.92 the case was taken up for hearing and the learned Deputy ......t of Bangladesh, Deputy Commissioner, Satkhira, Superintendent of Police, Sathkira and the Jailor, Satkhira Jail, Satkhira, to show cause as to why the detenu Md. Nazrul Islam should not be brought before this Court to be dealt with in accordance with law and to show cause under what authority they ......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ..Category: Criminal Law | Date: | Hits: 97
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....tedar having defaulted in payment of revenue, the Jote was put to auction and ultimately the entire lands vested in the Government. One Abdus Salam prayed for re‑settlement of the case land and his prayer was allowed and accordingly he became tenant directly under the Government. Abdus Salam also ......oners and others filed an appeal case against his objection Case No.139 dated 15.10.1980. The appeal case was numbered as Appeal case No.25187/81. The appellate authority after complying with the due formalities and after obtaining the Survey Report and hearing the parties allowed the appeal and dir......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ..Category: Property Law | Date: | Hits: 73
....g for further 2 years i.e. for 1989‑1990 and another year 1991 has in the meantime already elapsed, his case may be considered favourably on compassionate ground. This Court cannot entertain such a prayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore disc......sful standing first in order of merit in the said Board. Thereafter, he got himself admitted as a student of 1st year HSC (Science) in Dhaka College and had been prosecuting his studies and filled up forms to sit for the HSC Examination from Dhaka College, Dhaka. Before the SSC Examination the fathe......ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619...
Category: Civil Law | Date: | Hits: 159
Md. Abdul Based Sheikh and others Vs. Md. Jinder Ali Khan and others, 2011, 40 CLC (AD)
....d to be time barred. In the premises, we do not find any subÂstance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515....... Gias Uddin Ahmed, Advocate-on-Record-For the Petitioners. A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondent Nos. 1-3. Not represented-For the Respondent Nos. 4-17. Civil Petition for Leave to Appeal No. 804 of 2009. (From the judgment and order dated 12th January, 2009 passed......he High Court Division making the Rule absolute issued in Civil Revision No. 2084 of 2004 and thereby setting aside the judgment and order passed by the District Judge, Pabna, allowing the appeal and remanding the Miscellaneous Case No. 81 of 2002 for disposal afresh, on setting aside the judgment a......d to be time barred. In the premises, we do not find any subÂstance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515...Category: Procedural Law | Date: | Hits: 66
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....tion for freezing the accounts of the writ petitioner maintained with different Commercial Banks before the Chief Metropolitan Magistrate, Dhaka. The learned Chief Metropolitan Magistrate allowed the prayer. The writ petitioner challenged the said order by a writ petition before the High Court Divis......the Petitioner. Rafique-ul-Haque, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not repÂresented-For Respondent Nos. 2 & 6. Civil Petition for Leave to Appeal No. 1926 of 2010. (From the judgment and order dated 17.8.2010 passed by the ......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ..Category: Criminal Law | Date: | Hits: 136
Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
....of the Madrasha Board in respect of four Madrasha teachers have no bearing in the case of plaintiff’s dismissal as appears from the Ext.'Cha-1'. The appelÂlate Court also observed that without the prayer for consequential relief the suit was defective in view of Section 42 of the Specific Relief ......spondents Order April 28, 2011. Result: Leave is granted. Lawyers Involved: Zainul Abedin Advocate-on-Record-For the Petitioner Not represented-For Respondents. Civil Petition for Leave to Appeal No. 493 of 2009. (From the judgment and order dated 23.11.2008 passed by the ......ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ..Category: Employment/Service Law | Date: | Hits: 55
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....s were eventually framed on 4.9.90. After framing the charge on 4.9.90 the Sessions Case was set down for trial on 7.10.90 and accordingly summonses were issued upon the prosecution witnesses. Upon a prayer from the State that day the next trial date was fixed on 6.11.90. Upon subsequent prayers fro...... in view of section 339C of the Code of Criminal Procedure. We omit the facts of the case as they are not necessary. The pertinent facts are that the learned Sessions Judge received the Sessions case for trial on 26.2.90 and by an order of the same date fixed 4.3.90 for framing charge against the ac......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..Category: Criminal Law | Date: | Hits: 58
....on that the inclusion of the property in the Bangladesh Gazette Extraordinary dated September, 23, 1986 at page 9762(61) serial No.2 as abandonment property is without lawful authority with a further prayer for declaring the judgment and order passed by the Court of Settlement as being without lawfu......dents of Bangladesh. The disputed house was leased out by the erstwhile Government of East Pakistan to one Md. Moinuddin, son of late Md. Hanif on hire purchase system under the rehabilitation scheme for a period of 99 years on basis of a registered deed of lease executed and registered on 1.2.63 by......spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
..
Category: Property Law | Date: | Hits: 89
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....in, Kotwali PS Case to an unknown place and physically tortured him in an inhuman manner and again sent him to jail custody at 22.45 hours on 23.6.90 in seriously injured condition. Thereafter upon a prayer of the petitioner, the Chief Metropolitan Magistrate called for a report from DIG (Prison) an......er dated 30.6.93 passed by the Chief Metropolitan Magistrate, Dhaka in Ramna PS case No.126(8)92 under sections 326/307/302/34 of the Penal Code remanding the accused petitioner in the Police custody for 3 days. 2. The aforesaid case was started at the instance of one Md. Abdul Halim Khan, SI of ...... Fazlul Karim J.- This Rule is directed against the order dated 30.6.93 passed by the Chief Metropolitan Magistrate, Dhaka in Ramna PS case No.126(8)92 under sections 326/307/302/34 of the Penal Code remanding the accused petitioner in the Police custody for 3 days. 2. The aforesaid case was star......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593...Category: Criminal Law | Date: | Hits: 87
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....in question the legality and propriety of the Order No.33 dated 20.4.89 passed by learned District Judge, Jhenaidah in Misc. Case No.26 of 1988 arising out of Title Appeal No.84 of 1988 rejecting the prayer for restoration of the said title appeal to its file and number. 2. Facts giving rise to t......tion the legality and propriety of the Order No.33 dated 20.4.89 passed by learned District Judge, Jhenaidah in Misc. Case No.26 of 1988 arising out of Title Appeal No.84 of 1988 rejecting the prayer for restoration of the said title appeal to its file and number. 2. Facts giving rise to this Rul......desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ..Category: Procedural Law | Date: | Hits: 74
....with the names of the other members of the said Union Parishad. The Deputy Commissioner, Pabna fixed 18th July, 1988 for administering oath to him and other members of the said Union Parishad. On the prayer of the petitioner the Deputy Commissioner, Pabna fixed 11th August, 1988 for administering oa......AY Salehuzzaman, Deputy Attorney General ‑ For the Respondent No.1.
Writ Petition No. 3096 of 1991.
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- The petitioner Md. SM Abdur Rob prays for issuance of Rule Nisi calling upon the respondents to show cause why the impugned Memo No.606/1(......s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
......s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
..
Category: Election Law | Date: | Hits: 129
Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....ent detenu and others and on the basis of such recommendation, the learned Magistrate discharged them. Nowadays it has become a trend that after arrest under section 54 of the CrPC the police makes a prayer for detention under section 3(2) of the Special Powers Act. The District Magistrate passes an...... Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Modhuthara Sim Bhikku now detained in Cox’s Bazar District Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and wit......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327.......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327...Category: Criminal Law | Date: | Hits: 55
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... Civil Procedure, and the Rule issued in the other Revision Case No.713 of 1993 at the instance of the plaintiff Kazi Mosharraf Hossain is directed against the order passed on 24.2.1993 rejecting his prayer for temporary injunction and thereby vacating the ad‑interim injunction issued earlier. Bot......Abdur Rouf, Chairman and others………………………Opposite Parties (Civil Revision No.713 of 1993) Judgment June 27, 1993. Cases Referred to- Narayan Sankar Vs. Secretary of State for India, 30 Bombay 570; Rani Harsamukhi Sinha Vs. Moharaja Sashi Kanta Acharjee, 7 DLR 473; Ramkis...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ..Category: Civil Law | Date: | Hits: 104
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....so filed and proved the two deeds of gift Exts. 1 and 1(a). After remand P.W.1 was further examined on recall. The defendants examined defendant No.1 as D.W.1 and defendant 15 as D.W.2. In support of prayer of the defendant Nos. 14(Ka) and 14(Kha) for Saham defendant No.14(Kha) deposed as D.W.3. Con......nt and decree dated 30.6.67 passed by the Subordinate Judge, 4th Court, Dhaka in Tide Suit No.68 of 1956 allowing partition of the suit properties. 2. Plaintiff‑respondent Nos. 1 to 6 filed the aforesaid Title (Partition) Suit No.68 of 1956 claiming 10 annas 7 337/720 gandas share of 20.07 acre......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ..Category: Property Law | Date: | Hits: 57
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
.... taken over by the Government treating the same as enemy/vested property. After giving calculation in the aforesaid paragraph the plaintiff prayed for a decree for a sum of Tk. 83,61,000.00 with a prayer that till the property is not released in her favour she will be entitled to monthly rent at ......irst Appeal is directed against the judgment and decree passed in Money Suit No.9 of 1985 by the learned Subordinate Judge, First Court, Dhaka, dismissing the suit. 2. Plaintiff is the appellant before this Court. Plaintiff claims right and title over the suit property by purchase. We need not go......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ..Category: Property Law | Date: | Hits: 75
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