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Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)

....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......89 of 1996 issuing an Order of status quo restraining the construction of the school building till disposal of the suit. 2. The petitioner instituted the above suit for permanent injunction with a prayer for temporary injunction for restraining the defendant opposite party from executing any docu..

Category: Civil Law | Date: | Hits: 93

Moazzem Hossain Vs. State, 1983, 12 CLC (AD)

....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......s and for time. How such communication can be con­temptuous is not understood. Nothing was said about any record nor anything about the proceeding. Simply an information concer­ning his illness and prayer for time was made. 11. Next it is said that he deliberately misled a lawyer into making a ..

Category: Criminal Law | Date: | Hits: 116

Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)

....the error of pro­cedure, two courses were open to him; either to decide the issues himself, or to send the case back on remand for redetermination of the issues. The learned Single Judge chose first alternative, and he did so rightly, in accord­ance with provision of Section 103 of the Code. We li......e noted that the learned Single Judge of the High Court, has clearly pointed out, that the Court of appeal below totally misconceived the onus in this particular case. The plaintiffs have come with a prayer for setting aside a kabala, executed by Ashrafjan, a purdahnasheen lady, in favour of the app..

Category: Property Law | Date: | Hits: 73

Alhaj Advocate Ahmed Ullah Foundation Vs. Dhaka City Corporation, Represented by the Mayor, Nagor Bhaban, Dhaka and others, 2011, 40 CLC (HCD)

....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ......to the effect that the designated respondents would shower water on the greenery around the monument or deploy any personnel to protect the same. So, the petitioner cannot lay any claim on these. Its prayer to that effect, is hence, bound to founder. For the reasons stated as above, the Rule is m..

Category: Civil Law | Date: | Hits: 218

Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)

.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......g complicity of the appellant in keeping the explosive. 9. P.Ws. 8-9 Md. Abdur Razzaque and Rezanul Huq respectively two local seizure list witnesses stated that on 9.12.2006 at the time of Magrib prayer, some books and cassettes were recovered from the house of the appellant. P.W. 10 Shahjan Ali..

Category: Criminal Law | Date: | Hits: 119

Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)

....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immedi­ately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......আমি গ্রাম্য ডাক্তার বা আমি মাঠে যাই না।” The plaintiff instituted the suit for declaration and confirmation of possession with the prayer the relevant of which is quoted where under: “বাদী পক্ষ করেন ..

Category: Property Law | Date: | Hits: 123

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....erve the notice at the cost of office. We felt that the prayer is a cogent one and hence, resolved to accede to the same. Jahangir Hossain J. - I agree. Ed. This Case is also Reported in: ......ামান্য হাইকোর্ট বিভাগের নির্দেশনা-২ 32. Prescribe ways to accommodate increasing number of people who visit the mosque to offer their prayer. কমিটির পর্যলোচনা ও পর্যবেক্ষণ নি..

Category: Property Law | Date: | Hits: 159

M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)

....n to the Parliament provided a consensus is again reached in this regard by the people's representatives. He in this context, suggested that the nation might even think of a National Government as an alternative beneficial system to non‑party caretaker government Mr. Islam however, submitted that ......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ..

Category: Constitutional Law | Date: | Hits: 215

Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....roperty without intervention of the court was there under section 69 of the Transfer of Property Act, 1882, but since the provision of section 12 will prevail upon any other law the Bank has no other alternative but to invoke section 12 of the Ain and accordingly, the bank issued the impugned sale n......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..

Category: Civil Law | Date: | Hits: 129

State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)

.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......the said forwarding the Chief Metropolitan Magistrate by his order dated 31‑3‑1990 allowed the accused on remand for 3 days. On 4‑4‑1990 the accused was again produced before the Court with a prayer for 5 days remand and on consideration of the prayer and the gravity of the offence the Court..

Category: Criminal Law | Date: | Hits: 164

Abdul Gafur Sarder and another Vs. State and ano­ther, 1982, 11 CLC (AD)

....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......302/380 of the Penal Code on 30-11-80. One of the co-accused made a confession implicating appel­lant No.1 Abdul Gafur Sarder. The confes­sion was, however, subsequently retraced. 4. Appellants' prayer for bail was rejected by the Sessions Judge, Bogra. Thereafter they moved the High Court Divi..

Category: Criminal Law | Date: | Hits: 97

Bakshu Mia Vs. Govt.of Bangla­desh and others, 1977, 6 CLC (AD)

....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......se was pending for trial in the Court of Special Tribunal, Sylhet, the Special Public Prosecutor filed a petition on 24.11.1976, pray­ing for withdrawal of the case. The Special Tribunal allowed the prayer for withdrawal and recalled all processes. 3. Against this order of withdrawal, the appell..

Category: Criminal Law | Date: | Hits: 99

Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......y executing a Demand Promissory Note and deed of hypo­thecation of raw materials and finished goods as security, applied for raising the limit to Tk. 90,00,000/-. The bank allowed the res­pondent's prayer for raising the limit to Tk. 90,00,000/- and asked the respondent to execute a deed of mortga..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

....ess of disposing the Rule of. The First one centres round the question of maintainability of this writ petition: is writ jurisdiction available in an essentially criminal matter: is it available when alternative statutory remedy is available? The second question is whether the Chair of the Commissio...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 133

Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)

.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......the Rule suppressing the material facts regarding adjustment of sale proceeds of the saving certificates, and has challenged order dated 29.1.2008, when two more orders were already passed on similar prayer, and a certificate under section 33(5) of the Artha Rin Adalat Ain, 2003 was issued on 27.2.2..

Category: Civil Law | Date: | Hits: 129

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ...... explain why the Government did not make any submissions before the learned Judges of the High Court excepting filing an affidavit in op­position the learned Attorney General submit­ted that as the prayer for adjournment of delivery of the judgment of the High Court was not conceded to by the lea..

Category: Others | Date: | Hits: 154

AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)

....) goes, it is seen that the requirements are that prior to filing an appli­cation for setting aside an ex parte decree, the amount due under the decree or judgment most be deposited in court, in the alternative such security as may be directed to the court for the due performance of the decree or c......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ..

Category: Procedural Law | Date: | Hits: 109

Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)

....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......preferred by the contesting defendants being First Appeal No. 242 of 1944 which was dis­missed on 5th December, 1951. The appell­ant ultimately applied for final decree on 5th December, 1973 with a prayer for amendment of the preliminary decree by substituting the heirs of the contesting parties w..

Category: Property Law | Date: | Hits: 78

Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)

.... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ......67 of 1978). Judgment Kemaluddin Hossaita CJ.- Defendants are the appellants and the appeal arises out of an order of temporary injunction which was allowed by the trial Court but on appeal the prayer was rejected by the Court of appeal below and on revision the learned Single Judge has withou..

Category: Property Law | Date: | Hits: 78

Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)

....sposal of the appeal may be stated as under: 2. The plaintiff-respondent filed a suit for declaration of his title and recovery of khas possession on eviction of the defendants-app­ellants in the alternative for partition of schedule-2 lands on declaration of their title to 28 acres of land on s......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316...

Category: Property Law | Date: | Hits: 79