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Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)

.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......rders dated 4th March, 2010 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case Nos.15505 of 2008 and 15400 of 2008 dis­charging the Rules rejecting the petitioner's prayer for quashing the proceedings under section 561A of the Code of Criminal Proce­dure. As both ..

Category: Criminal Law | Date: | Hits: 75

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......for declaration of title and for further declaration that the affidavit sworn by defendant No.1 on 24-2-2005 was illegal, antedated, collusive and not binding upon her. Let us have a glimpse over the prayer made in the plaint as under: “(ক)”ক”তফসিল বর্ণিত নাল..

Category: Property Law | Date: | Hits: 81

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....ents replied to the legal notice and stated that there was no specific direction from the Court to pay the arrear salary to the petitioners. Under such circumstances, the petitioners finding no other alternative preferred the present application under Article 108 of the Constitution to punish the re......ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ..

Category: Criminal Law | Date: | Hits: 83

Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)

....to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......under section 115(1) of the Code of Civil Procedure against an order dated 19‑1‑03 passed by Joint District Judge, Court No. 1 at Moulvibazar in Succession Case No. 92 of 2002, which rejected the prayer of the petitioners for addition. 2. It is stated that opposite party Nos. 1 and 2 made an ..

Category: Property Law | Date: | Hits: 69

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ...... rent receipts showing­ payment of rents, Exhibit 8 series and counterfoils evidencing possession through tenants, Exhibit 10 series. 36. Obaidul Islam made a waqf of 35 decimals of land. But his prayer for supplementary list with the engineer Obaidul Islam Waqf Estate was rejected by the Waqf A..

Category: Property Law | Date: | Hits: 85

Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)

....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......nst the defendants but the defendants pray for directing the Court to deposit Taka 1,07,095/- through challan for satisfaction of the decree. The trial Court by Order No.64 dated 13.11.86 allowed the prayer and directed the judg­ment-debtor to deposit the amount through challan and the defendant pe..

Category: Procedural Law | Date: | Hits: 74

Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......­sentations had not been made by the learned Advo­cate for the petitioners while drafting this revisional application and also the bail application before this Court and it also appears that proper prayers have not been made in this revisional application and proper order of exemption from surrend..

Category: Criminal Law | Date: | Hits: 95

Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ...... a vested and non‑resident property and the plaintiff possessed the same unlawfully. Thereafter, the plaintiff prayed for lease of the same on 4‑9‑2000 and the defendant No. 1 accepted the said prayer and granted yearly lease for Taka 5,712 per year. Accordingly, the lease money has been depos..

Category: Property Law | Date: | Hits: 62

Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)

....the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......efendants died in 1994 and his heirs opposite party Nos. 1-9 were not substituted by the plaintiffs. Thereafter the suit was decreed ex parte in the preliminary form on 24-4-95. Then plaintiff made a prayer for appointment of a commissioner to effect partition and the commissioner after visiting the..

Category: Procedural Law | Date: | Hits: 67

Binode Bihari Ghose Vs. Assistant Custodian, Vested and Non-Resident Property and others, 1998, 27 CLC (HCD)

.... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134.......hts which he has acquired under the sale deed. 28. If the conditions of section 31 of the Specific Relief Act are satisfied the Court cannot refuse rectification merely on account of omission of a prayer for rectification. 29. In the case of Bidhusdhar Mohanti and another Vs. Ansta reported in..

Category: Property Law | Date: | Hits: 56

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......tentions. 17. For the above discussion, the appeal succeeds. Accordingly, we set aside the order of attachment before judgment passed by the trial Court. There will be no order as to costs. The prayer for certificate is refused. Md. Nurul Islam J.- I agree with the judgment and decision of ..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......ndatory injunction as prayed, The defendants-petitioners appeared before the Court on 20‑9‑2003 in compliance of the notice and prayed for time for filing written objection. The Court allowed the prayer and also passed another order on the application of the plaintiffs filed in the morning direc..

Category: Civil Law | Date: | Hits: 74

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49.......nd others, who accepted the rent since 21.02.63 in respect of 0.1801 acre; that said Khan Bahadur Eklimur Raja applied for release of his property and the then Government of East Pakistan allowed his prayer and released 0.1801 acre of land; that 0.3352 acre of land was acquired for Agricultural Deve..

Category: Property Law | Date: | Hits: 64

Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)

....decision which was taken in the said meeting to start construction for multi‑storied commercial/ residential building and the petitioners with ill motive and in collusion with each other have taken alternative decision to sell out the said property through a meeting held on 9‑2‑2000. Therefore......inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ..

Category: Criminal Law | Date: | Hits: 93

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......n of the judgment and order dated 15.08.2006 passed by High Court Division. In Criminal Miscellaneous case No.4636 of 2006 and upon hearing, the Judge in Chamber of the Appellate Division refused the prayer for stay vide order dated 05.10.2006 and thereafter the informant upon obtaining the certifie..

Category: Criminal Law | Date: | Hits: 76

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

.... প্রয়োজনীয়।  4. Further case of the petitioners are that the Ordinance has been promulgated purportedly with an objects inter alia (a) to remove corruption through an alternative way of criminal trial of the offence and (b) to reduce the burden of the trial by the st......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..

Category: Constitutional Law | Date: | Hits: 264

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....s instituted for declaration that the adoption of 2nd defendant by 1st defendant was invalid inasmuch as it was not authorised by the husband of the 1st defendant. No other relief was sought for even alternatively. The issue confined to genuineness of the will. At later stage of the trial, construct......DLR 155. 38. In order to appreciate the conflicting submissions of learned Advocates, we must first consider the contract as entered by the parties. The bank on 16‑2‑85 granted sanction to the prayer of the plaintiffs for credit facilities, Exhibit 'Ga'. In the said sanction letter, the credi..

Category: Civil Law | Date: | Hits: 92

Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)

....No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ...... of Title Suit No. 134 of 1958. 7. The learned Assistant Judge by order No. 14 dated 30‑5‑2001 was pleased to reject the said application holding that on 29‑4‑2001 an application with same prayer being rejected, there is no scope for entertaining the present application. Against the said ..

Category: Civil Law | Date: | Hits: 75

Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)

....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ...... Requisition of Immovable Property Ordinance, 1982 (Ordinance No. 11 of 1982), hereinafter referred to as the Ordinance. Plaintiff opposed the application by filing a written objection against the prayer on 28‑2‑2000. The learned Subordinate Judge by impugned decree rejected the plaint on ..

Category: Property Law | Date: | Hits: 61

Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)

.... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ......ismissal of the case. 4. Aforesaid Miscellaneous Case No.5 of 1998 was fixed for peremptory hearing on 2‑8‑2001 when the pre‑emptors were not present but the pre-­emptees were present and a prayer for adjournment was made by the pre‑emptors but the trial Court reje­cted the said prayer ..

Category: Property Law | Date: | Hits: 52