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Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......f proviso to section 42 of the Specific Relief Act, inasmuch as the defendants being in possession of the suit land the plaintiffs were required to pray for recovery of khas possession along with the prayer for declaration of title, the Courts below committed no error of law occasioning failure of j..Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......e service of existing employees the submission have got no substance. And the terms and conditions of such employees of Uttara Bank as were available to them continued even after the transfer. On the prayer of the Uttara Bank Ltd by order dated 14‑2‑87 the plaint was amended by adding Ltd after ..Category: Employment/Service Law | Date: | Hits: 174
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....livery of the goods. You are to inform when and where our clients can take delivery from your good selves. Please revert to us within seven (7) days of the date herewith failing which we will have no alternative but to proceed with all necessary steps including to protect our clients interest. (The ......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......pellants, has made submission supporting appeal and assailing the judgment and decree appealed from. He has submitted that admittedly the appellant is in possession of the suit land. That appellant's prayer for giving her a chance to adduce further evidence was refused by the trial Court. For that t..Category: Property Law | Date: | Hits: 63
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......ormation report against accused Azam Reza. 4. After investigation the police submitted charge-sheet against accused Azam Reza only under sections 302 and 201 of the Penal Code. The petitioner made prayer for bail and lastly, his prayer for bail was rejected by the learned Additional Metropolitan ..Category: Criminal Law | Date: | Hits: 96
Category: Procedural Law | Date: | Hits: 72
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ...... by force or not can be reconciled and proved proved only by recounting the ballot papers. Therefore, the ballot should be recounted and that is proper to do and, therefore, it is ordered that on the prayer of the petitioner, the recounting is allowed and recount should be held on 3.11.92 in presenc..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
.... on 4.7.87 decided to make a prayer for acquisition of the land concerned for digging out another tank over about 4/5 acres of land including the complex's other lands measuring 2.50 acres to make an alternative source of income for the orphanage, and accordingly, the Deputy Commissioner, Chandpur......hna Dhona Goda Bandh by the Government, as a result, the orphanage fell in serious pecuniary hardships and hence the Executive Committee of the Orphanage in a meeting held on 4.7.87 decided to make a prayer for acquisition of the land concerned for digging out another tank over about 4/5 acres of la..Category: Property Law | Date: | Hits: 47
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......a few days but she was not sexually intercoursed by any other person and that because of enmity, her father lodged the FIR against the accused persons which was false and concocted. Thereafter on the prayer of the Investigation‑Officer she was sent to a Medical Board by the local Upazila Magistrat..Category: Criminal Law | Date: | Hits: 69
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
.... 1976 and forwarded to Bogra District Jail and that was for the first time that the petitioner came to know about the case and in the backdrop the aforesaid circumstances he had no scope to avail the alternative statutory remedy of appeal under section 30 of the Special Powers Act, 1974. It is also ......Bogra Police Station against 13 persons including the petitioner alleging, inter alia, that on 8-2-1975 while his father Taher Mohammad Mondal was going through the process of ablution for the Magreb prayer in the open verandah of his out house, accused (1) Fazlur Rahman, (2) Ansar Ali, (3) Kashem A..Category: Criminal Law | Date: | Hits: 79
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ne percent over the original rate of two percent realised under the Act of 1977 was ultra vires and, as such, prayer for refund of such excess amount could not be refused on the plea of limitation or alternative remedy. The decision of the Supreme Court in the case of Shiv Sanker Dal Mills was follo......stry of Finance and the Finance Minister. Petitioner of respective petitions claimed that Secretary passed a favourable order which was never communicated but ultimately by similar order dated 7-3-92 prayer for refund was rejected on the ground of limitation under Rule 11 as well as realization of t..Category: Fiscal/Taxation Law | Date: | Hits: 164
Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)
....e is other sufficient reason warranting review of this judgment and order. In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ...... has dealt with the provisions for review of any judgment or order of any court. Rule 1 of Order XLVII of the Code of Civil Procedure has stated that review of a judgment and order can be made on the prayer of any person aggrieved upon discovery of a new and important matter or evidence which, after..Category: Property Law | Date: | Hits: 58
State Vs. Maruf Raihan, 2011, 40 CLC (AD)
....asis of materials with the record. With the above observation and direction this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897.......g bail to the accused-respondent. 9. The accused-respondent is at liberty to move a fresh bail petition before the trial court and the trial court concerned also is at liberty to consider the bail prayer of this accused-respondent afresh on the basis of materials with the record. With the abov..Category: Information Technology Law | Date: | Hits: 285
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 22-3-1995 passed by the District Judge, Mymensingh in Miscellaneous Appeal No.14 of 1995 allowing the prayer of the plaintiff opposite party Nos.1-2 for temporary injunction restraining the petitioners ..Category: Civil Law | Date: | Hits: 85
Category: Employment/Service Law | Date: | Hits: 158
A.M. Nurunnabi Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ......at date. The Administrative Appellate-Tribunal on consideration of the materials on record observed that the cause of action for filing the petition arose on 23rd December, 1997 when the petitioner's prayer for promotion was rejected but he did not prefer any appeal against non-action of his represe..Category: Administrative Law | Date: | Hits: 194
Category: Property Law | Date: | Hits: 83
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
.... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......n 06.04.1985 and registered on 29.07.1985 was false, concocted and not binding upon him was not maintainable filed application before the High Court Division for amendment of the plaint by adding the prayer for declaration of title and such application having been allowed by the High Court Division ..Category: Property Law | Date: | Hits: 62
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....elivery of possession of the mortgaged property to respondent No.2, but we could not lay our hand on any provision other than section 151 of the Code. In the above backdrop of facts, we find no other alternative but to approve the innovative approach of the High Court Division in ratifying the order...... on 25.01.2007 for delivery of possession of the mortgaged property in favour of respondent No.2 by evicting the original judgment-debtor i.e. the present petitioner. The executing Court rejected the prayer by its order dated 13.02.2007 on the view that since the execution case was disposed of on fu..Category: Civil Law | Date: | Hits: 108