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Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....pecial Magistrate was in the same Position as a private person who took upon himself to conduct a trial of the accused and to sentence him to imprisonment without any authority at all. In this latter alternative, the remedy of release by process in the nature of habeas corpus, section 491, Criminal ...... that Court in terms of section 53(A) of the Ordinance cannot get any discretionary relief from this Court." We are, therefore, unable to give any relief to the petitioners in such circumstances. The prayer for quashing is liable to be dismissed." There are some other decisions to support this vi..Category: Criminal Law | Date: | Hits: 70
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....r the plaintiff‑petitioners contends that prayer ‘ka' quoted hereinbefore contains the essential elements of declaration of title. It appears from the said prayer 'ka' of the plaint that there is alternative prayer for granting saham in respect of 11 kanis 14 gandas of land or for the quantum of......ecord submitted that Court of appeal below acted illegally in holding that trial Court was wrong in passing the decree for partition as complicated question of title was involved in the suit, when no prayer for establishment of tide was made by the plaintiffs. Mr. Kamal-Ul-Alam, the learned Advocate..Category: Civil Law | Date: | Hits: 86
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......g therein that a complicated question of title is involved in respect of the suit property. After hearing both the parties, the learned Senior Assistant Judge and SCC Judge rejected the defendant’s prayer vide his order dated 19‑5‑1992. 5. Being aggrieved by this order of the Assistant Judg..Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ...... 100% of the penal interest and 30% of the general interest and to allow 3 equal installments for liquidation of the interest. On his application the Board of Directors of the Sonali Bank allowed the prayer with a direction to repay the remaining interest by July, 1992. It was further asserted that ..Category: Election Law | Date: | Hits: 148
....at the grounds have been drawn on the materials taken as a whole. The grounds are, prejudicial to the security or interest of Bangladesh or the public safety or the maintenance of law and order. This alternative conclusions disjunctively expressed were drawn from the same materials and so there is......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
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Category: Criminal Law | Date: | Hits: 103
.... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
......claimed. It observed that the subject matter of the suit arose out of a breach of contract entered into in 1973. The learned Judges were of the view that the Court below was justified in refusing the prayer for stay.
4. Leave was granted to consider whether upon a true construction of the arbitra..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....e stated it is crystal clear from the sketch map and the report that the suit water reservoir is fairly big in size and it is in the vicinity of the Kazir bazar cattle market and the mosque and the alternative sites showing availability of the water by the residents and for the cattle market as po......f limitation and for permanent injunction restraining the defendants Nos.1-4 from filling up the suit water reservoir with earth and/or changing its nature and feature in any manner." There were also prayer for temporary injunction and mandatory injunction made in pursuance of the suit. 3. It w..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......certificate of sale is fraudulent and collusive. 7. The learned Subordinate Judge, on consideration of the evidence and the materials on record, declared the plaintiffs title and allowed the prayer for recovery of khash possession. Being aggrieved, the contesting delfts. Preferred T.A. No.2..Category: Property Law | Date: | Hits: 66
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
..... In the original election petition the prayer was for declaring the election of opposite party No.1 as null and void and also to declare the election as a whole void. By the amendment petition, an alternative prayer was made to declare the petitioner as the elected Chairman of the Union Parishad....... holding that the amendment of the election-petition was barred by limitation. According to him without making any fresh allegation, simply a relief was added to the election petition as an alternate prayer to declare the petitioner as the elected Chairman. So according to him the character of the..Category: Election Law | Date: | Hits: 163
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......o decide the right created by the special statute that is the election laws. The learned Assistant Judge has on hearing both sides passed the impugned order dated 22.5.88 rejecting the petitioner's prayer holding that such a petition does not lie before filing of the written statement, that the pl..Category: Election Law | Date: | Hits: 207
....that his, right or interest in the building has not been affected by the provisions of that Order." He submits that the petitioner can obtain complete relief from the Court of Settlement and since an alternative equally efficacious remedy has been provided for in Section 7 of the Ordinance the app......tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
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Category: Property Law | Date: | Hits: 171
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....ent and form. It will have the effect of introducing a new controversy between the parties, a controversy which did not exist before. In our view the petitioner was not precluded from raising a new alternative defence, provided it did not affect the parties in any appreciable manner. If the amendm......Civil Procedure is directed against the order dated 18.8.88 passed by Mr. A.K.M. Ishtiaque Hossain, Subordinate Judge, 3rd Court/Dhaka in Title Suit No.14 of 1980 rejecting the defendant-petitioner's prayer for amendment of the written statement. 2. The plaintiff-opposite party No.1 instituted th..Category: Property Law | Date: | Hits: 58
Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ......of Civil Procedure at the instance of the plaintiff-petitioner is directed against the order passed on 10.5.88 by Mr. A.S.M. Salah Uddin Khan, Assistant Judge, Barisal allowing in part the plaintiffs prayer which was for withdrawal of Title Suit No. 94 of 1988 with permission to bring a fresh suit o..Category: Election Law | Date: | Hits: 152
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... Rule No. 15 (FM) of 1991 is disposed of accordingly. 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) 762. ......hat suit, the plaintiff caterer namely, M/s Golden Dragon Ltd., filed an application for temporary injunction under Order 39, rules 1 and 2 read with section 151 of the Code of Civil Procedure with a prayer for ad interim injunction praying for staying the operation of the cancellation order challen..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......t date the police prayed for remand of the accused for 5 days. He granted 2 days for the same. He denied the suggestion that the accused denied to make the confessional statement, hence there was a prayer for remand which he granted. He also denied the suggestion that he did not assure the accuse..Category: Criminal Law | Date: | Hits: 76
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......f Civil Procedure at the instance of the plaintiff-petitioner is directed against the order passed on 10.5.88 by Mr. A.S.M. Salah Uddin Khan, Assistant Judge, Barisal allowing in part the plaintiff's prayer which was for withdrawal of Title Suit No.94 of 1988 with permission to bring a fresh suit on..Category: Election Law | Date: | Hits: 206
....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......With the permission of the Chief Metropolitan Magistrate, Dhaka the detenu was kept in police custody upto 2.7.88 for interrogation and investigation. The Chief Metropolitan Magistrate rejected the prayer of the detenu for bail on 7.7.88 and 10.7.88. On 6.8.88 the Sessions Judge, Dhaka passed orde..
Category: Criminal Law | Date: | Hits: 108
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485....... Abdur Rashid J. – Pre-emptors presented the above appeal against an order dated 07‑09‑99 passed by Subordinate Judge, Court No. 2 at Noakhali in Miscellaneous Case 19 of 1996, which rejected a prayer for pre-emption. 2. Short facts for disposal of the appeal are that, on 15‑09‑96 the p..Category: Property Law | Date: | Hits: 71
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......he Court by accused for time on 07-01‑2004 to move application under section 526 of the Code before the High Court Division and the copy of the order dated 07‑01‑2004 by the Court rejecting the prayer and proceeding with the case, examining witnesses and fixing next date for argument, having f..Category: Criminal Law | Date: | Hits: 71
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ...... Abdur Rashid J. - Plaintiff presented the above appeal against an order dated 15‑04‑04 passed by Joint District Judge and Arbitration Court at Dhaka in Title Suit No. 1 of 2003, which rejected a prayer for mandatory injunction. 2. On 25‑02‑03 the plaintiff instituted the suit first for s..Category: Civil Law | Date: | Hits: 73
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