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Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
.... on 2.6.2008 the defendant Nos.1, 2, 6 and 7 filed an application for noting the order of abatement of the suit. The trial court rejected the defendant No.4 petitioner’s application and allowed the prayer for noting the abatement of the suit in respect of defendant Nos.1, 2, 6 and 7 by his order d......ow cause as to why the impugned order dated 17.01.2010 passed by the learned Joint District Judge, 1st Court, Lakshmipur, in Title Suit No. 5 of 2007, should not be set aside. 2. The relevant fact for disposal of the rule, in short, is that one Siddik Ullah instituted Title Suit No. 5 of 2007 in ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
....ation writing only four lines and it is to the effect that the matter is part‑heard, the application is belated and hence the Court finds no reason why local investigation should be ordered and the prayer was rejected. 5. We have very often expressed out surprise looking at these sorts of order......ction 115 of the Code of Civil Procedure and is directed against an order dated 8.11.89 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.581 of 1985 rejecting an application for local investigation to ascertain the suit property. 2. The petitioners as plaintiff institute......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ..Category: Property Law | Date: | Hits: 71
....of 1990 with annexures is annexed to this petition and marked as Annexure –‘F’.
5. In paragraph 18 of the said writ petition the respondent No.1 as petitioner had stated that on 31.10.90 its prayer for temporary injunction in the said Title Suit No.12 of 1990 which was then pending, but as .......
Subrata Chowdhury, Advocate ‑ For the Respondent.
Writ Petition No.5 of 1991.
Judgment
Mainur Reza Chowdhury J.- This is a petition by Khapan Bittahin Co‑operative Society Limited for review of the judgment and order dated 7.5.91 passed by this Court making the Rule absolute Writ......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....appellant, appearing in person made submissions with reference to the points on which leave has been granted as quoted hereinbefore. She further submitted that although in the application, she made a prayer for re-instating her in the company as its Managing Director, the whole purpose of her filing......7 making the Rule absolute. 2. Facts relevant to the disposal of this appeal are that respondent Nos.1 and 2 as petitioners (hereinafter referred to as writ-petitioners) filed the writ petition before the High Court Division challenging the notice bearing Memo No.RJSC2676(1-3)/1 dated 11.10.2007......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....Home Affairs, Bangladesh praying for restoration of his citizenship but having received no reply the petitioner sent another application on 12.1.77 to the Chief Martial Law Administrator renewing his prayer for restoration of citizenship but the petitioner received a reply from the Ministry of Home ...... University Students Union wherein he played a very vital role in the Bengali Language Movement and as the General Secretary of the Dhaka University Students Union; the petitioner read a memorandum before the then Prime Minister of Pakistan on the 27th of November, 1948 at the Gymnasium ground of th....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....nforcement of the decree by putting the judgment‑debtors into the civil jail and by attaching their properties under Order XXI rule 32 of the Code of Civil Procedure. The learned Munsif allowed the prayer of the decree‑holders and committed the judgment‑debtors to the civil prison to suffer im......ammad Ismailuddin Sarker J.- This revision case has come to this Bench upon a reference by a learned Single Judge to decide whether, in the event of violation, a decree of prohibitory injunction is enforceable in an execution case for reliefs provided in Order XXI rule 32(1) of the Code of Civil Pro......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..Category: Civil Law | Date: | Hits: 100
Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)
....tor as I understand and Mr. Ahmed Nurur Reza also informs me that there is reserve fund of the Government as to run the expenses of Office of the Official Liquidator in Liquidation matter. Therefore, prayer sought for direction upon this petition under section 194 of the Companies Act cannot be acce...... 18, 1993. Lawyers Involved: Ahmed Nurur Reza, Advocate ‑ For the Petitioner. Company Matter No. 30 of 1990. Judgment AM Malumidur Rahman J.- The Official Liquidator took out summons for the direction and filed affidavit seeking permission to pay Tk. 67.00 as a cost of dissolution o......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482.......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482...Category: Company Law | Date: | Hits: 205
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ice of the Respondent No.2 under Section 5(1)(a) of the Ordinance (Annexure-'X'). The learned Advocate for the Petitioners, Mr. AHM Kamruzzaman has been unable to explain such discrepancy between the prayer made in the Supplementary Affidavit and the terms in which this Rule has been issued. 6. T......ed in the schedules to the notices issued to the Petitioners namely, 6.73 acres of land within Mouza-Ati, Siddirganj as situated on the southern side of the Dhaka-Chittagong Highway and as proposed for acquisition for the Dhaka Reporters Unit Multipurpose Society Limited for a periods of 4 (four) ...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
...., Chittagong for mutation of their names who expressed his inability to mutate their names. They did not state when they applied for mutation and when the Assistant Commissioner (Lands) refused their prayer. 12. Since they claimed mutation of their names on the basis of the sale deed, section 143......lam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1 (In all the cases) None Represented—For Respondent Nos.2-5. (In all the cases) Civil Petition for Leave to Appeal Nos.1718 & 2686 of 2010 and 869 of 2011. (From the judgment and order dated 1......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..Category: Property Law | Date: | Hits: 68
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....er sections 3/4 of the Explosive Substances Act. 4. The respondent moved an application for bail before the Metropolitan Sessions Judge, Dhaka, who by his order dated 19th April, 2010 rejected the prayer for bail in Criminal Miscellaneous Case No.3303 of 2010. Thereafter the accused respondent mo......tructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Abdul Baset Majumder, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 503 of 2010. (From the judgment and order dated 12.8.2010 passed by the H......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443...Category: Criminal Law | Date: | Hits: 98
Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)
.... petitioners filed a suit, being the Other Class Suit No.375 of 2007, in the Fifth Court of Senior Assistant Judge, Chittagong, praying for a decree for partition of the suit-land, with a further prayer for declaration of their title. The petitioners also filed an application for an order of inj......dgment November 2, 2009. Lawyers Involved: Maqbul Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.693 of 2009. (From the Judgment and order dated 19.02.2009 passed by the H......ng on behalf of the petitioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......ng on behalf of the petitioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ..Category: Administrative Law | Date: | Hits: 166
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....th the defendant. Exhibit-Ga, is an order of the High Court Division summarily rejecting revisional application being Civil Order No.1548 of 1993 moved by the plaintiff against an order rejecting his prayer for staying all further proceedings in Title Execution Case No.40 of 1989. This order proved ......in execution of a decree passed by a competent Court without setting aside the decree. 2. Respondent No.1 (the plaintiff) instituted the suit in the First Court of Subordinate Judge, Narayangonj for declaration that the deed dated 14th November, 1992 executed and registered through Court in p......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..Category: Procedural Law | Date: | Hits: 76
....udgment and decree dated 22.11.2000 passed by the learned Subordinate Judge, 2nd Court, Noakhali dismissing Title Suit No.19 of 1994.
2. Appellants as plaintiffs instituted the aforesaid suit with prayer for a decree that suit property as described in schedule ‘Ka’, Kha, Ga, Gha, Uma, Cha, Ch...... directed against judgment and decree dated 22.11.2000 passed by the learned Subordinate Judge, 2nd Court, Noakhali dismissing Title Suit No.19 of 1994.
2. Appellants as plaintiffs instituted the aforesaid suit with prayer for a decree that suit property as described in schedule ‘Ka’, Kha, Ga...... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
...... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 66
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....ka where the suit was numbered as Title suit No.253 of 1988; rejecting the plaintiff petitioner's application under Order 39 rule 7 read with section 151 of the CPC praying for local inspection and a prayer for review of earlier order dated 5.3.90 by which the previous application for local inspecti......ourt of Assistant Judge Dhaka where the suit was numbered as Title suit No.253 of 1988; rejecting the plaintiff petitioner's application under Order 39 rule 7 read with section 151 of the CPC praying for local inspection and a prayer for review of earlier order dated 5.3.90 by which the previous app......ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ..Category: Property Law | Date: | Hits: 80
....nd in ignorance of the death of the defendant."
5. In view of the above decisions and also the patent position of law the substitution of the deceased respondent No.2 made by this Court upon the prayer of the respondent No.1 should be considered as an exercise in futility. The writ petition ha......Bhuiyan with Abdur Rashid Gazi, Advocates ‑ For Respondents.
Writ Petition No.1521 of 1991.
Judgment
AKM Sadeque J.- There are two applications one dated 4.7.92 and the other dated 21.7.92 for disposal. The application dated 4.7.92 is for passing an order of dismissal in respect of Writ P......respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391.......respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391...
Category: Alternative Dispute Resolution | Date: | Hits: 213
....quiry as it may deem necessary any after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary, if any, make such decision on the prayer of the applicant as it deems fit". (Our emphasis).
13. No reasonable opportunity having be......ct.
2. The case of the petitioners as follows:
That heirs a Bangladeshi citizen who after the partition of India migrated from Gazipur, India to the then East Pakistan now Bangladesh on 25.9.49 for permanent settlement. Since then he has been living in Bangladesh as a permanent resident and ci......ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
......ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
..
Category: Property Law | Date: | Hits: 86
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....r, an application is sworn under section 439 read with section 435 of the Code of Criminal Procedure before this Court on 19.1.92 which is 8 days after the passing of the impugned order rejecting the prayer for adjournments in delivering the judgment and the said application is stated to be a "Suppl...... an order dated 11.1.92 passed by the learned Divisional Special Judge, Dhaka, in Special Case No.7 of 1991 rejecting that second application filed under section 344 of the Code of Criminal Procedure for staying further proceedings in the aforesaid case started under section 409 of the Penal Code re......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
.... other sections of the Penal Code read with section 1 (24) of the Cattle Trespass Act on 7.9.88 against 19 accused persons, and final report in respect of the present two accused‑petitioners with a prayer for discharging them as no prima facie case was found against them. 4. The informant filed.......5.88 at about 15 hours at a place near the house of the accused appellants 15 persons including the two petitioners being armed with dangerous weapons, such as, dao, lathi, fikol etc. attacked the informant and his cousin Omer Ali and assaulted them severely causing death of Omer Ali and injuries o......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..Category: Criminal Law | Date: | Hits: 89
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....illage Court ordering to evict the petitioner from a shop. Petitioner Ayub Ali Mohaldar opposed it and filed a petition before the Assistant judge and prayed for quashing the Execution Case. The said prayer was rejected by the Assistant Judge by his order dated 5.2.89 and he fixed 10.4.89 for execut......se No.1 of 1989. Judgment Abdul Hasib J.- This Rule at the instance of one Ayub Ali Mohaldar was issued calling upon the opposite party contemners to show cause why they should not be committed for contempt of Court. Contemner No.1 Mr. Md. Shahjahan is the Assistant Judge at Monirampur Upazill......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..Category: Criminal Law | Date: | Hits: 84
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
....til after the issues of law have been determined." 4. Mr. Moksudur Rahman, the learned Advocate argues that in view of rule 2 of Order 14 was incumbent upon the learned District Judge to allow the prayer for framing issues on law alone and thereby could facilitate the disposal of the suit by disp......The petitioner's case, in short, is that Misc. Case No. 53 of 1985 was filed by the Opposite Party Nos.1 and 2 as petitioners under sections 71 and 74 read with section 71(f) of the Trusts Act, 1882, for issuing show cause as to why the principal opposite parties 1 to 3 (Petitioners before this Cour...... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96...Category: Procedural Law | Date: | Hits: 62
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