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....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......calling upon the opposite parties to show cause as to why the impugned order dated 8‑6‑2002 passed by the Senior Assistant Judge, Sirajdikhan, Munshigonj in Title Suit No.12 of 2002 rejecting the prayer of the defendant-petitioners for rejection of the plaint under Order VII rule 11 of the Code ..
Category: Employment/Service Law | Date: | Hits: 66
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......ned Senior Divisional Special Judge, Barisal prayed for discharging them since charges brought against them punishable under sections 409/467/471/109 are groundless ones; but without considering such prayer charge has been framed against all the accused‑petitioners including the accused Mollah Kam..Category: Criminal Law | Date: | Hits: 85
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
....ity and, as such, he issued a notice demanding justice through his learned Advocate on 16‑7‑2002, praying for re‑evaluation of the said paper but without any response. As such, finding no other alternative remedy he obtained the present Rule. 3. The respondent Nos.1 and 2 appeared by filing......vocate drew our attention to the relevant provision in the Rajshahi University Calendar Volume 2 which provides for re‑examination of the answer scripts. The learned Advocate submits that since the prayer for re‑examination had been duty recommended by the Chairman of the concerned Department hi..Category: Others | Date: | Hits: 157
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
.... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448.......s writ petition under Article 102(2)(b)(ii) of the Constitution, From the heading, it appears that the interest of the petitioner is to get relief in the form of writ of quo warranto, However, in the prayer portion the petitioner has made a prayer to the effect that respondent No. 3 should be deemed..Category: Constitutional Law | Date: | Hits: 242
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......e proceeding of the said enquiry committee till the disposal of his appeal before the Chancellor but the respondent No. 4 by his letter dated 2‑10‑2000 (Annexure J‑1) informed him that his such prayer was not accepted by the Vice-Chancellor and also asked him to send the name of his nominee ..Category: Employment/Service Law | Date: | Hits: 60
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......ation of CBA in favour of respondent No.2 vide Annexure-A by respondent No.1 is unlawful and is of no legal effect. The Registrar of Trade Unions i.e. respondent No. 1, shall take steps regarding the prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent..Category: Labour and Industrial Law | Date: | Hits: 158
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......e pension and other retirement benefits of the petitioner. 53. D. Whether the petition is premature: The last contention raised half‑heartedly by the Assistant Attorney-General that since the prayer for pension is still pending before the concerned authorities, this writ petition is prematur..Category: Employment/Service Law | Date: | Hits: 148
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
....ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......e the respondent company is unable to pay its debt the company is liable to be wound up under the aforesaid provision of law. 3. The respondent has filed an affidavit-in-opposition to resist the prayer of the petitioner for winding up the company and denying the material allegations, the respon..Category: Company Law | Date: | Hits: 168
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
....specifically stated in the plaint. For better appreciation Order 7, Rule 7 CPC is quoted below: "Every plaint shall state specifically the relief which the plaintiff claims either simply or in the alternative and it shall not be necessary to ask for general or other relief which may always be giv...... impugned judgment and decree. 7. Mr. SR Paul, the learned senior Counsel with Mr. HR Sharif, the learned Advocate appearing on behalf of the defendant No.2 petitioner, submitted that there was no prayer in the plaint for recovery of arrear rent and, as such, the learned Courts below have committ..Category: Property Law | Date: | Hits: 65
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... lawyer and conscious citizen of the country, has got locus standi to file this writ petition before this Court under Article 102 of the Constitution as he being an affected citizen, has got no other alternative but to challenge the same before this Court under the above Article of the Constitution.......as to, whether the retired Chief Justice Shahabuddin Ahmed is constitutionally disqualified under Article 99(1) of the Constitution to become the President of Bangladesh. From the cause title and the prayer portion of this writ application it prima‑facie appears to be a writ of quo warranto under ..Category: Constitutional Law | Date: | Hits: 200
Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....ution and due to non-examination and withholding of this vital and important witness presumption goes against the prosecution as per Section 114(g) of the Evidence Act. The learned Counsel makes an alternative submission that in case this Court finds that there is no merit to grant leave against t......ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711...Category: Criminal Law | Date: | Hits: 70
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......to hand over possession of the suit land treating the same as vested and non-resident property. The plaintiffs appeared before the defendants on 07.10.1984 and filed an application for time but the prayer was rejected. Defendant No.1 was trying to take possession of the suit land by enlisting th..Category: Property Law | Date: | Hits: 54
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
.... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ......ssing the same and the said plot was recorded in the name of Government, the plaintiffs for avoiding future litigation prayed for taking settlement from the government Sheresta and according to their prayer “Charcha Map” was prepared in respect of 10.00 acres of land of plot No. 1020 and settled..Category: Administrative Law | Date: | Hits: 199
Shatadal Mondal Vs. State, 2011, 40 CLC (HCD)
....erty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......by the Additional Sessions Judge, Munshigonj in Special Tribunal Case No.56 of 2010 arising out of Sirajdikhan P.S. Case No.16 of 2010 dated 25.4.2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. The petitioner was brought to the trial under section 19A of..Category: Criminal Law | Date: | Hits: 69
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....rder 9, rule 13 of the Code of Civil Procedure would be attracted. Under the law in circumstances like this even if a decree has been passed ex parte against a defendant, the defendant could have two alternative remedies to him either to file an appeal or to file application under Order 9, rule 13 a...... for representing their case, the review petition is filed without going for an appeal and it prayed for rehearing of the, matter. From a reading of the grounds of the review it thus appears that the prayer of the petitioner defendant was to set aside the judgment and decree after ordering rehearing..Category: Procedural Law | Date: | Hits: 111
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
....e to be delivered to a person who is a litigant in another suit in respect of the same property. So far as the second contention of the learned Advocate is concerned the simple answer is that when an alternative remedy was available to the opposite party No.1 against the order passed by the Criminal...... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ..Category: Civil Law | Date: | Hits: 97
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ...... of said late Mir Abdul Jalil; late Mir Abdul Jalil transferred the land to opposite party Nos.1 and 2 (two sons of his daughter Kohinoor) by a registered Hiba-bil-Ewaz date 13.2.81 in exchange for a prayer‑mat; no notice was, however, served on the pre‑emptors who came to learn about the transf..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......e accused. It appears from the record of the case that an application on behalf of the prosecution was filed before the learned Sessions Judge seeking exemption from examining those witnesses and the prayer was allowed by him by an order dated 17.9.1986. 23. Thus we find good reasons for non‑pr..Category: Criminal Law | Date: | Hits: 73
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......ely, Kalipada Saha, and Brojendra Nath Saha, had a business house under the name and style M/S. Kalipada Saha and Brothers and they had transactions with the plaintiff-bank from the year 1983. On the prayer of Kalipada and Brojendra Kumar Saha, the plaintiff-bank sanctioned loan of TK.10,00,000.00 t..Category: Civil Law | Date: | Hits: 55
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......r filed a criminal case against the plaintiff, but that criminal case was ultimately dismissed as Sarif Lokman Ahmed could not appear before the court due to his illness. But subsequently, on the prayer of the defendants, the martial law authority, on taking evidence, found the plaintiff in unla..Category: Property Law | Date: | Hits: 51
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