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Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
.... No.2 Abdur Rahim filed an application in the Court of the learned Magistrate to draw proceeding against the 2nd party Abdul Ahad and others under section 144 of the Code of Criminal Procedure with a prayer to restrain the accused-petitioner from entering into the case land which was ultimately conv......cused-petitioner from entering into the case land which was ultimately converted to a Miscellaneous proceeding under section 145 of the Code of Criminal Procedure and at the time of adducing evidence for ascertaining physical possession in the land in question the petitioner filed a Kabala Deed No. ......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...Category: Criminal Law | Date: | Hits: 60
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....oper and effective adjudication of the suit. It is clear from the above view that the learned Joint District Judge has committed no error of law resulting in an error in his decision in rejecting the prayer of the plaintiff’s petitioners. The learned Joint District Judge rightly exercised his disc......e Code of Civil Procedure and is directed against an order No. 113 dated 6-2-2003 passed by the learned Joint District Judge, First Court, Dhaka in Title Suit No. 153 of 1992 rejecting an application for noncompliance of provisions of Order VIII, rule 1(5) of the Code of Civil Procedure. 2. The f......shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306...Category: Property Law | Date: | Hits: 131
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....r the Petitioner. Sk Md. Morshed, Advocate—For the Opposite Party. Civil Revision No. 1780 of 2004. Judgment Md. Abdul Aziz J. - This Rule has been posted in the list for hearing on the prayer of both the sides on maintainability of the same on the application filed by the defendant op......Khan, Advocate—For the Petitioner. Sk Md. Morshed, Advocate—For the Opposite Party. Civil Revision No. 1780 of 2004. Judgment Md. Abdul Aziz J. - This Rule has been posted in the list for hearing on the prayer of both the sides on maintainability of the same on the application filed ......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ..Category: Procedural Law | Date: | Hits: 90
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
.... opposite party No.1 represented by Deputy Commissioner Jenaidah to show cause as to why the impugned judgment and order dated 9-9- 2004 by Additional Sessions Judge, 1st Court Jenaidah rejecting the prayer of the prosecution of the Sessions Case 28/2001 to call the witnesses of chalan case (state c...... Criminal Procedure at the instance of Motleb Mondal, complainant-petitioner of Session Case No. 28/2001 arising out of Complaint Case No. 25/96 under sections 147/148/149/302/114, Penal Code filed before Cognizance Court Jenaidah, was issued calling upon opposite party Nos. 1-11 including State, op......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ..Category: Criminal Law | Date: | Hits: 41
Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)
....o whether summons were served or returned unserved. Nothing has been mentioned regarding service of summons either through process server or by post after the Order dated 14.09.2003; rather, on the prayer of the plaintiff, 14.10.2003 was fixed for submission of the news-papers in Court after pub......-For Respondent Nos.1 & 2. Dr. M. Zahir, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 6. Not represented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No. 2347 of 2010. Order ABM Khairul Hague CJ. - This petition for leave to......from the date of receipt of this order in accordance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......from the date of receipt of this order in accordance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ..Category: Civil Law | Date: | Hits: 102
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
...., 1 was present in Court on those dates but the learned trial Court was unable to hear the suit. Then 17-2-1994 was fixed for further hearing but the plaintiff filed an application on 9-2-1994 with a prayer for restraining the defendant No. 1 from submitting the documents but the court by its order ......f 1994 rejecting the application under Order IX, rule 13 of the Code of Civil Procedure. 2. The opposite party No.1 Syed Saifuddin Mohammed Jabeed as plaintiff instituted Other Suit No 76 of 1992 for declaration of title, separate possession and partition in the First Court of Subordinate Judge,......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
.... 8. The learned Assistant Judge and Family Judge, Sadar Tangail on consideration of the facts and circumstances of the case and evidence on record decreed the suit ex parte on 17-10-2002 allowing the prayer for restoration of conjugal right granting dower of Taka 1,50,000 and maintenance of Taka 55,......e case. 2. The plaintiff-opposite party Most Rokshana Choudhury (Sanda) filed Family Suit No. 11 of 1999 in the Court of the learned Senior Assistant Judge, Sadar and Family Judge, Tangail praying for declaration that the divorce dated 22-5-1998, 22-6-1998 and 22-7-1998 is illegal and void and fo......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....oth the contemners have appeared in person before this Court and tendered unconditional apology supported by affidavits. The Contemner No. 1 Harun Chowdhury, former District Magistrate, Sylhet in his prayer for unconditional apology stated, inter alia, that the order of the Court was received by him......Motu Contempt Rule was issued calling upon Mr. Harun Chowdhury, District Magistrate, Sylhet and Mr. Mostafa Kamal, Superintendent of Police, Sylhet to show cause as to why they should not be punished for committing contempt of Court for violating the orders dated 8-3-2005 and 2-4-2005 passed by this......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267.......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....etitioner in violation of provision of section 9(1)(Jha) and also the failure of the defendant-petitioner to furnish security in the Court, the impugned order passed by respondent No. 1 rejecting the prayer of the defendant-petitioner for rejection of the plaint has been passed in accordance with la......as to why the impugned order No. 16 dated 20-11-2000 passed by respondent No. 1 in Bankruptcy Case No. 6 of 2000 (Annexure-D) and the subsequent proceedings in Bankruptcy Case No. 6 of 2000 pending before respondent No. 1 should not be declared to have been passed without lawful authority and to be ......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....e accused-petitioner before the Tribunal seeking discharge from the case. The learned Judge, Druta Bichar Tribunal No.1, Dhaka after hearing the parties by the order dated 21-08-2007 rejected the prayer of the accused-petitioner and framed charge against the accused-petitioner under Sections 3......) 116; State Vs. Khondker Md. Moniruzzaman, 17 BLD (AD) 54. Lawyers Involved: T.H. Khan, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Criminal petition for Leave to appeal No. 270 of 2009. (From the judgment and order dated 18-03-2009 passed by the ......Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....ing the same Rule of the Court, in the circumstances, the defendant-Appellant thought that there was no need to continue with the Arbitration Miscellaneous Case No.33 of 1997 and accordingly on his prayer in the court the said Arbitration Miscellaneous Case was withdrawn on 04-05-1999. The Appel...... The respondent as plaintiff filed Title Suit No.158 of 1999 in the Court of Sub-Ordinate Judge, 5th Court, Dhaka on 04-08-1999 under Section 14(2) and Section 17 of the Arbitration Act, 1940 praying for a direction upon the Umpire to file the award dated 15-10-1996 and make the said award Rule of t......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75...Category: Alternative Dispute Resolution | Date: | Hits: 187
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
....or of law resulting in an error in the decision occasioning failure of justice. 8. The learned Advocate submits further that the learned Joint District Judge committed error of law in refusing the prayer for amendment, relying upon 2 decisions reported in 13 DLR 871 and 1985 BLD 61, without consi......ge, 1st Court, Kishoreganj in Title Appeal No. 372 of 1993 should not be set aside and/or pass such other or further order or orders as to this Court deems fit and proper. 2. Short facts necessary for the purpose of the Rule is that the petitioners as plaintiffs instituted Partition Suit No. 195 ...... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240....... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240...Category: Procedural Law | Date: | Hits: 93
Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)
....oper. 2. Before the issuance of the Rule delay of 29 days was condoned. The plaintiff-opposite party filed the suit for declaration of title and khas possession of the suit land with an additional prayer for partition. The contesting defendant filed written statement denying the plaintiff's case.......n of impugned order dated 6-10-98 passed in Title Suit No. 59 of 1996 by the Assistant Judge, Muktagacha Court, Mymensingh so far it relates to passing an order of abatement and allowing the petition for substitution of the legal heirs of the deceased defendant is concerned should not be set aside o......al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227.......al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227...Category: Procedural Law | Date: | Hits: 106
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....lement the recommendation of the AC (Land) for allotment of 50 decimals of land in two adjacent plots to the opposite-party Nos. 1 and 2 as compensation. In the circumstances of the present case, the prayer appears to be reasonable. The opposite-party No. 3 is hereby directed to take steps to implem......n Other Class Suit No. 31 of 1995 by the Senior Assistant Judge, Haluaghat Court, Mymensingh, the defendant-respondent-petitioner moved this Court and obtained the instant Rule. 2. Facts necessary for disposal of the Rule, briefly stated, are as under the plaintiff-appellants-opposite party Nos. ......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ..Category: Property Law | Date: | Hits: 66
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....rt and post mortem report, if there be any, and such other documents if seized in course of the investigation of the case but not the documents to be submitted by the accused person in support of his prayer for discharge, may make an order of discharge if it considers that there is no ground for pro......awyers Involved: Raquibul Haque Miah, Advocate—For the Petitioner. Md. Mujibur Rahman, Advocate—For Opposite Party No. 2. Criminal Revision No. 907 of 2003. Judgment SK Sinha J.- Informant Md. Ziaul Huq Chowdhury obtained this Rule against the order dated 7-6-03 of the Additional ......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..Category: Criminal Law | Date: | Hits: 49
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
.... sale. Then, the plaintiff made an application to the Ministry of Industries mentioning said omission and expressed his desire to purchase said left out land with the shops. The Ministry accepted his prayer and the value of schedule-1(Kha) land was settled at Taka 3,38,182 and on 25-2-93, the plaint......st the decree dated 29-7-98 passed by Subordinate Judge, Court No. 1 at Comilla in Title Suit No. 58 of 1997, which decreed the suit. 2. Respondent No. 1 as plaintiff on 3-9-97 instituted the suit for specific performance of a contract dated 16-1-95 for sale of the suit land along with shops ther......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ment of the fundamental right regarding press freedom. It cannot therefore be said that the writ petitions were filed under Article 102(1) of the Constitution for enforcement of fundamental right. No prayer has been made in these two writ petitions seeking enforcement of the fundamental right as is ......Ittefaq Group of Publications Ltd., should not be declared to have been made illegally and without lawful authority and is of no legal effect. 5. The broad facts leading to the issuance of the aforesaid Rules are substantially the same which are shortly stated as under: Ittefaq Group of......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ..Category: Information Technology Law | Date: | Hits: 324
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....s filed an application under section 151 of the Code for restraining the defendants from evicting the petitioners from the said land until payment of compensation of Taka 1.70.50.000 is paid and that prayer for injunction was rejected by the trial Court by the impugned order. 5. Being aggrieved b......J.- This Rule is directed against order dated 29-8-2001 passed by the then 4th Subordinate Judge (Now Joint District Judge), Dhaka, in Title Suit No. 10 of 2001 rejecting the petitioners' application for injunction filed under section 151 of the Code of Civil Procedure (hereinafter called "the Code"......ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ......ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ..Category: Civil Law | Date: | Hits: 99
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....nsferring the same to anybody else and also from restraining the defendants Nos. 13 and 14 from leasing out the scheduled land to anybody else. The learned Joint District Judge ultimately granted the prayer of ad interim injunction on 24-2-2004. So restraining the defendant’s No. 1 to 5, 7 to 9, 1...... the learned Additional District Judge, Bankruptcy Court. Chittagong. in Civil Revision No. 88 of 2004 in issuing notices upon the opposite party No. 1 to 3 by the learned District Judge, Chittagong, for the selfsame application for stay. 2. The petitioners as plaintiffs instituted the other Suit......s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100.......s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100...Category: Procedural Law | Date: | Hits: 77
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
....oney he got the first information report filed against them. 7. PW 4 is Belayet Hossain. He is the immediate neighbour of the accused. He stated that the occurrence took place at the time of Fazar prayer and on hearing hue and cry he went to the house of the accused and heard that Mannan's wife c......- This Death Reference under section 374 of the Code of Criminal Procedure has been made by the 1st Court of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for continuation of the sentence of death imposed upon the accused Abdul Mannan alias Mona Miah, son...... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ...... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ..Category: Criminal Law | Date: | Hits: 96
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