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HM Ershad Vs. The State, 1992, 21 CLC (HCD)

....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......er dated 4.5.92 framing charge against the accused petitioner should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Though in the prayer portion of the application the order framing charges on both the counts has been challenged b..

Category: Criminal Law | Date: | Hits: 286

Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)

....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ...... the suit land has been admitted by the P.W. Nos.2 and 3 as evidenced from their respective depositions and thus the suit is barred under Section 42 of the Specific Relief Act for want of proper prayer for consequential relief in the suit. On appeal, in Title Appeal No.7 of 2005, the plaintiff ..

Category: Property Law | Date: | Hits: 94

Managing Director, Dhaka Power Distribution Company Limited and another Vs. Borhanuddin Bhuiyan and others, 2009, 38 CLC (AD)

....of the representation made by the petitioners. We do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 178.......judgment and order dated 27.08.2009 passed in Writ Petition No.6662 of 2008 by the High Court Division making the rule absolute. 2. The respondent hereof as petitioner filed the Writ Petition with prayer for direction upon the respondent, amongst others, not to issue further letters of appointmen..

Category: Employment/Service Law | Date: | Hits: 62

Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)

....ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......oth the applications were set down for hearing on 1st September, 1990. On that date the learned Subordinate Judge, after hearing the parties, allowed the application of the plaintiffs but refused the prayer of the petitioners for recording an order of abatement of the suit. 4. Being aggrieved the..

Category: Civil Law | Date: | Hits: 93

A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)

....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131....... dated 4.6.90 holding that the defendant had not specified the security he was willing to offer. Another application was filed offering i landed property situated in Chittagong City as a security and prayer was made for release from the attachment before judgment the bill amount of Tk. 11,64,254.00...

Category: Civil Law | Date: | Hits: 104

Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)

....pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ...... and that period was extended from time to time and lastly it was extended upto 11-9-2001, but before expiry of this period the petitioner of that Trade Mark Application No.1 of 2001 did not make any prayer for further extension of that stay. On 19-9-2001 the petitioner made prayer for extension of ..

Category: Intellectual Property Law | Date: | Hits: 270

Md. Enayetur Rahman and others Vs. The Government of People’s Republic of Bangladesh and others, 2011, 40 CLC (HCD)

....ations of their lordships of the Appellate Division in the case of Tafijul Huq SarkerVs. Bangladesh and others, reported in 4 MLR(AD) 1999, 19: “Thus the consistent view of our courts is that an alternative remedy by way of appeal under a statute will not be a bar to a writ petition under Artic......ted earlier by this court stands vacated. Communicate the judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ..

Category: Civil Law | Date: | Hits: 147

SM Naimul Hoque Vs. Additional Deputy Commi­ssioner (City) Dacca and others, 1981, 10 CLC (HCD)

....que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......eved party concerned to file an appeal or take further legal proceeding according to law. Thus the impugned order passed by the Additional Deputy Commissioner of Dacca dis‑allowing the petitioner's prayer for a certified copy of the order passed by it in a proceeding under Article 15 of PO 16 of 1..

Category: Property Law | Date: | Hits: 65

Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)

....acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......Miscellaneous Appeal No.19 of 1991 dismissing the appeal with costs affirming the order No.37 dated 7.9.91 passed by Senior Assistant Judge, Nowabganj in other Class Suit No.273 of 1988 rejecting the prayer under Order 11 rule 21 of the Code of Civil Procedure. 2. The short facts relevant is, tha..

Category: Procedural Law | Date: | Hits: 68

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside. In the result, the appeal is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 512. ......o.2 a party although he was physically present in Bangladesh and functioning as a trustee. The said application under section 59 of the Trust Act was registered as Trust Act Case No.1 of 1986. On the prayer of the appellant‑petitioner No.2 he was added as a party on 4.8.86. 3. The appellant‑p..

Category: Trust/Waqf Law | Date: | Hits: 183

State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)

....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......fter due investigation the police submitted final report as mistake of fact upon examination of the available business record, license and yearly accounts registers of the jewellery shop. There was a prayer for discharging the accused and for return of the seized ornaments and money to the accused-p..

Category: Criminal Law | Date: | Hits: 83

Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)

....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ...... on 2.6.2008 the defendant Nos.1, 2, 6 and 7 filed an application for noting the order of abatement of the suit. The trial court rejected the defendant No.4 petitioner’s application and allowed the prayer for noting the abatement of the suit in respect of defendant Nos.1, 2, 6 and 7 by his order d..

Category: Limitation Law | Date: | Hits: 219

Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corpora­tion and another, 1990, 19 CLC (HCD)

....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......ation writing only four lines and it is to the effect that the matter is part‑heard, the application is belated and hence the Court finds no reason why local investigation should be ordered and the prayer was rejected. 5. We have very often expressed out surprise looking at these sorts of order..

Category: Property Law | Date: | Hits: 71

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502.......of 1990 with annexures is annexed to this petition and marked as Annexure –‘F’. 5. In paragraph 18 of the said writ petition the respondent No.1 as petitioner had stated that on 31.10.90 its prayer for temporary injunction in the said Title Suit No.12 of 1990 which was then pending, but as ..

Category: Civil Law | Date: | Hits: 87

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....man J.- By this Rule Nisi issued under Article 102 of our Constitution the respondents have been called upon to show cause as to why the eviction of the petitioners on 19.8.1985 without providing for alternative plots for their rehabilitation should not be declared to have been passed without lawful......ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498...

Category: Property Law | Date: | Hits: 79

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......appellant, appearing in person made submissions with reference to the points on which leave has been granted as quoted hereinbefore. She further submitted that although in the application, she made a prayer for re-instating her in the company as its Managing Director, the whole purpose of her filing..

Category: Company Law | Date: | Hits: 235

Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)

....sed has already been acquitted on merit of the case as is in this case." 25. The findings of Hon'ble Appellate Division are bindings upon the High Court Division and as such, we have also no other alternative but to hold the view given by the Hon'ble Appellate Division in the above mentioned case......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ..

Category: Criminal Law | Date: | Hits: 101

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......Home Affairs, Bangladesh praying for restoration of his citizenship but having received no reply the petitioner sent another application on 12.1.77 to the Chief Martial Law Administrator renewing his prayer for restoration of citizenship but the petitioner received a reply from the Ministry of Home ..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)

....er is violated then by securing the detention of judgment‑debtor in the civil prison or attaching his properties or by both such an inexecutable decree can be enforced and that sub‑rule (5) is an alternative or additional remedy. Secondly, the words "wilfully failed to obey" do not imply that it......nforcement of the decree by putting the judgment‑debtors into the civil jail and by attaching their properties under Order XXI rule 32 of the Code of Civil Procedure. The learned Munsif allowed the prayer of the decree‑holders and committed the judgment‑debtors to the civil prison to suffer im..

Category: Civil Law | Date: | Hits: 100

Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)

....o be used for dissolution of a Company which has no assets of its own to the costs and expenses for its dissolution. The Official Liquidator, in such a situation, in my opinion, is left with no other alternative but to seek fund for dissolution from the Government. The Official liquidator as I under......tor as I understand and Mr. Ahmed Nurur Reza also informs me that there is reserve fund of the Government as to run the expenses of Office of the Official Liquidator in Liquidation matter. Therefore, prayer sought for direction upon this petition under section 194 of the Companies Act cannot be acce..

Category: Company Law | Date: | Hits: 205