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....the Civil Court by filing suits one after another but the respondents even before the Civil Court submitted an inflated bill of Taka 50 lac and to redress their grievance the petitioners had no other alternative but to take shelter of this court by invoking its writ jurisdiction and obtained the ins......Â1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
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Category: Others | Date: | Hits: 135
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......irected, at the instance of the plaintiff-petitioners, against the judgment and order dated 2‑7‑2001 passed by the Assistant Judge, Chirir Bandar, Dinajpur in Title Suit No.7 of 1985 allowing the prayer dated 17‑6‑2001 of the defendant No.30 for order of substitution of the heirs of defendan..Category: Property Law | Date: | Hits: 50
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......efendant No. 2 contested the suit by filing a written statement denying the material allegations of the plaint and contending, inter alia, that the suit is not maintainable in the present form as the prayers made therein are not tenable in law, the relationship between the petitioner-company and the..Category: Employment/Service Law | Date: | Hits: 122
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......e Petitioner may only pursue against the Borrower in keeping with Danish Law, thereby, negating any authority that this Court may otherwise exercise under the Act. By that reason the Opposite Party's prayer is for this Application to be rejected. Heard the learned Advocate for the Petitioner and ..Category: Alternative Dispute Resolution | Date: | Hits: 222
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....he Anti-Corruption Commission Rules, 2007, so this decision has no manner of application in the present case. On the other hand, in this reported case our Appellate Division held that availability of alternative remedy by way of appeal or revision will not stand on the way when the quesÂtion of law......dated 27-10-2008 the stay order was extended till disposal of the Rule. 43. At the time of issuance of the Rule Mr. Md. Khurshid Alam Khan, Advocate made appearance on behalf of the ACC and on his prayer ACC was added as opposite party No.2. 44. But no Counter Affidavit has been filed on behal..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......n application on June 19, 1974 to the Adminiatrator to allow him to continue as the Mutwalli. The appelÂlant Altaf Mia also filed an application beÂfore the Administrator on February 4, 1975 with a prayer to allow him to succeed to the Mutwalliship. This gave rise to a contest between the two pers..Category: Trust/Waqf Law | Date: | Hits: 188
....d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262.......of the Labour Court, the said Trade Union instituted Other Suit No. 68 of 1988 in the Court of Assistant Judge, Second Court, Sadar, Chittagong for both mandatory and permanent inÂjunction, with the prayers which are specifically statÂed in prayers. 'Ka' and 'Kha' respectively in the plaint as bel..
Category: Labour and Industrial Law | Date: | Hits: 203
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....l question of facts cannot be decided without entering into eviÂdence in a proceeding under Article 102 of the ConÂstitution, the learned Advocate submits. The learned Advocate further submits that alternative remedy is available to the petitioner before the Election TribuÂnal set up by statute f......be declared as Chairman of the said Union Parishad and also the election of Malonchi Union Parishad Polling Centre being illegal and void re-election of that polling centre should not be held. On the prayer of the petitioner this court was also pleased to stay the operation of the impugned declarÂa..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......king cognizance of the case under section 16 of the Drugs (Control) Ordinance, 1982. On that complaint cognizance was taken by the Court vide order dated 26.2.87 in Drug Case No.3 of 1987 when on the prayer of the accused appellants they were enlarged on bail. The case was heard by Mr. M.M. Munsef A..Category: Criminal Law | Date: | Hits: 83
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ......is about 200 yards north of the petitioner's land. The case was fixed for hearing of the temporary inÂjunction on 31.12.87 and on that date by the imÂpugned order the injunction was allowed but the prayer for local investigation was disallowed. 3. The defendant being aggrieved by the order of r..Category: Procedural Law | Date: | Hits: 82
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....ce of it illegal and liable to be set aside. In this connection we may also observe that under the provision of rule 5 of Order XXXVIII the Court should consider the question of security as the first alternative. 8. Having regard to the facts and circumstances of the case, we consider that the ap...... appeal at the instance of the defendant is directed against the order dated 12-9-1996 passed by the learned Subordinate Judge, 1st Court, Barisal, in Title Suit No.65 of 1995 allowing the plaintiffs prayer for attaching, before judgment, MV Ishrat Khan, cargo Coaster No.C-678. 2. This first misc..Category: Civil Law | Date: | Hits: 65
....gainst the impugned order.
5. In the case of Collector of Customs Vs. A Hannan reported in 42 DLR (AD) 167 objection as to the maintainability of the writ petition was negatived on the ground that alternative remedy provided under section 194 of the Customs Act was not equally efficacious remedy ......other Vs. Assistant Collector of Customs and others reported in 11 BLD (AD) 327 objection as to maintainability was negatived on the ground that huge sum was demanded from the writ petitioner and his prayer for exemption from depositing the demanded sum was rather arbitrarily rejected by the appella..
Category: Fiscal/Taxation Law | Date: | Hits: 117
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....d to confirm the death sentence awarded to him by the learned Sessions Judge. We are of the view that leniency should be shown to him and in the above facts and circumstances he should be awarded the alternative sentence of imprisonment for life and fine. In the result, the Reference is rejected ......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ..Category: Criminal Law | Date: | Hits: 72
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......y, 1989 although several approaches were made to that effect. The plaintiff landlord appeared in the said rent control case and denied all the allegations made in the said case but did not oppose the prayer for depositing the rent without any prejudice being caused to her. The rent controller by ord..Category: Property Law | Date: | Hits: 64
Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
.... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62....... Bogra, in Miscellaneous Appeal No.104 of 1996 reversing the judgment and order dated 12-10-96 passed by the learned Assistant Judge, Sonatala, Bogra in Other Class Suit No.91 of 1996 disallowing the prayer of the plaintiff for temporary injunction should not be set aside. 2. The opposite party a..Category: Employment/Service Law | Date: | Hits: 101
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......Ullah, Majjob Ullah,Najabat Bibi and heirs of Abul Hossain and Ajmot Ullah who are co‑sharers of the said holding were left out. As they appeared in time and prayed for pre‑emption in time, their prayer for pre-emption may be allowed on receipt of the price of land transferred along with interes..Category: Procedural Law | Date: | Hits: 70
Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)
....er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......€‘6-91 for selling the property described in schedule (Ga) of the plaint at Taka. 7, 50,000.00 and had received in all Taka 1, 60,000.00 as earnest money. 5. Learned Subordinate Judge rejected the prayer for addition of party on the ground that the property was mortgaged. 6. Heard Mr. Alaluddi..Category: Procedural Law | Date: | Hits: 67
Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)
....n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ......ding and thereis no certainity when further investigation will be completed and the case will be sent up for trial. 5. Mr. Syed Abu Kawsar, the learned ÂAssistant Attorney‑General, opposes the prayer for bail and submits that the victim has been murdered. 6. Heard the learned Advocate and ..Category: Criminal Law | Date: | Hits: 74
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......nd he sat over the matter and gave the award. None from the opposite party appeared to contest the claim of the present petitioner. Thereafter the award was produced before the aforesaid Court with a prayer for notifying the opposite parties for hearing the matter and pronounce the judgment accordin..Category: Alternative Dispute Resolution | Date: | Hits: 245
.... compulsorily acquired, nationalised or requisitioned by authority of law. The further ground taken is that an aggrieved person can invoke the writ jurisdiction of the case even though he availed the alternative remedy, but failed on technical grounds. Lastly, the respondents are estopped from claim......‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
..
Category: Limitation Law | Date: | Hits: 175
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