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Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ......ice of the Respondent No.2 under Section 5(1)(a) of the Ordinance (Annexure-'X'). The learned Advocate for the Petitioners, Mr. AHM Kamruzzaman has been unable to explain such discrepancy between the prayer made in the Supplementary Affidavit and the terms in which this Rule has been issued. 6. T..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....ithin a reasonable time after issuance of notice upon all the persons interested in the property and affording them an opportunity of being heard. 16. What’s more, the writ-petitioners have also alternative remedy against the inaction of the Assistant Commissioner (Land), if there be any, for m......, Chittagong for mutation of their names who expressed his inability to mutate their names. They did not state when they applied for mutation and when the Assistant Commissioner (Lands) refused their prayer. 12. Since they claimed mutation of their names on the basis of the sale deed, section 143..Category: Property Law | Date: | Hits: 68
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......er sections 3/4 of the Explosive Substances Act. 4. The respondent moved an application for bail before the Metropolitan Sessions Judge, Dhaka, who by his order dated 19th April, 2010 rejected the prayer for bail in Criminal Miscellaneous Case No.3303 of 2010. Thereafter the accused respondent mo..Category: Criminal Law | Date: | Hits: 98
Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)
....ng on behalf of the petitioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ...... petitioners filed a suit, being the Other Class Suit No.375 of 2007, in the Fifth Court of Senior Assistant Judge, Chittagong, praying for a decree for partition of the suit-land, with a further prayer for declaration of their title. The petitioners also filed an application for an order of inj..Category: Administrative Law | Date: | Hits: 166
Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)
.... limitation. The Administrative Appellate Tribunal has power to condone the delay of three months if it is satisfied with the reasons for not filing the appeal within the period of limitation. In the alternative, it can entertain an appeal if it is filed within six months from an order or decision o......ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ..Category: Administrative Law | Date: | Hits: 206
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......th the defendant. Exhibit-Ga, is an order of the High Court Division summarily rejecting revisional application being Civil Order No.1548 of 1993 moved by the plaintiff against an order rejecting his prayer for staying all further proceedings in Title Execution Case No.40 of 1989. This order proved ..Category: Procedural Law | Date: | Hits: 76
.... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
......udgment and decree dated 22.11.2000 passed by the learned Subordinate Judge, 2nd Court, Noakhali dismissing Title Suit No.19 of 1994.
2. Appellants as plaintiffs instituted the aforesaid suit with prayer for a decree that suit property as described in schedule ‘Ka’, Kha, Ga, Gha, Uma, Cha, Ch..
Category: Property Law | Date: | Hits: 66
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......ka where the suit was numbered as Title suit No.253 of 1988; rejecting the plaintiff petitioner's application under Order 39 rule 7 read with section 151 of the CPC praying for local inspection and a prayer for review of earlier order dated 5.3.90 by which the previous application for local inspecti..Category: Property Law | Date: | Hits: 80
....respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391.......nd in ignorance of the death of the defendant."
5. In view of the above decisions and also the patent position of law the substitution of the deceased respondent No.2 made by this Court upon the prayer of the respondent No.1 should be considered as an exercise in futility. The writ petition ha..
Category: Alternative Dispute Resolution | Date: | Hits: 213
....ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
......quiry as it may deem necessary any after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary, if any, make such decision on the prayer of the applicant as it deems fit". (Our emphasis).
13. No reasonable opportunity having be..
Category: Property Law | Date: | Hits: 86
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....nding that the witnesses can be recalled or examined or called for examination if the evidence appears to be essential to the just decision of the case is correct because the court will have no other alternative but to summon a witness for the proper decision and the delivery of the judgment. In the......r, an application is sworn under section 439 read with section 435 of the Code of Criminal Procedure before this Court on 19.1.92 which is 8 days after the passing of the impugned order rejecting the prayer for adjournments in delivering the judgment and the said application is stated to be a "Suppl..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ...... other sections of the Penal Code read with section 1 (24) of the Cattle Trespass Act on 7.9.88 against 19 accused persons, and final report in respect of the present two accused‑petitioners with a prayer for discharging them as no prima facie case was found against them. 4. The informant filed..Category: Criminal Law | Date: | Hits: 89
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....st be deemed to be acquainted with the law of contempt and his ignorance of law is no excuse. The learned Advocate, however, submitted that he has withdrawn his earlier counter‑affidavit setting up alternative facts and circumstances justifying his action and in the present affidavit, submitted wi......illage Court ordering to evict the petitioner from a shop. Petitioner Ayub Ali Mohaldar opposed it and filed a petition before the Assistant judge and prayed for quashing the Execution Case. The said prayer was rejected by the Assistant Judge by his order dated 5.2.89 and he fixed 10.4.89 for execut..Category: Criminal Law | Date: | Hits: 84
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96.......til after the issues of law have been determined." 4. Mr. Moksudur Rahman, the learned Advocate argues that in view of rule 2 of Order 14 was incumbent upon the learned District Judge to allow the prayer for framing issues on law alone and thereby could facilitate the disposal of the suit by disp..Category: Procedural Law | Date: | Hits: 62
....without the same being determined by competent authority or settled up by the civil Court. As a matter of fact sub‑section 5 of section 21 of the Bangladesh Krishi Bank Order, 1973 has left such an alternative to the respondent Bank.
13. The learned Advocate for the petitioner also urged upon u......tial Law regime is violative of Articles 27 and 31 of the Constitution. Further it is void as per Article 26(1) of the Constitution. But the learned counsel for the respondent has pointed out no such prayer was made for striking down this provision of law in the writ application nor any Rule was iss..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......review indicate that the petitioner intends rehearing of the whole Civil petition which is not permissible under Article 105 of the Constitution. The matter has been disposed of on merit and here the prayer is for rehearing of the whole matter by entering into the facts of the case which this Divisi..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......oubt a debatable one. Mk. Amirul Kabir Chowdhury, the learned Deputy Attorney‑General appearing for the State, strenuously contended that this application being a repetition of the same and similar prayer for quashment of the proceeding made in the application once rejected entertainment of the sa..Category: Criminal Law | Date: | Hits: 80
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
....titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ......te ‑ For the Petitioners. Md. Joynul Abedin, Advocate ‑ For the Opposite Parties. Civil Revision No.1847 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- This Rule arises out of a prayer for condonation of delay in filing a revisional application under section 115 of the Code of ..Category: Procedural Law | Date: | Hits: 72
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......tended by Mr. Khondker Mahbub Hossain, learned Advocate appearing on behalf of the appellant, that the learned Subordinate Judge erred in law in holding that the suit for mere declaration without any prayer for consequential relief was not maintainable. The learned Advocate further submitted that as..Category: Employment/Service Law | Date: | Hits: 71
....ese are collateral evidence of title of the defendant, not of the plaintiff. So, it does not help the plaintiff. In 42 DLR (AD) 225, it has been held that the defendants have no burden to prove their alternative story. We do not find how this decision supports the plaintiff's case, instead of helpin......sented by its Executive Committee (18 members in all), herein after referred to as the plaintiffs, has filed Title Suit No.49 of 2002 before the Joint District Judge, 1st Court, Khulna with following prayers, namely-
ক)নালিশী তপ্সহীল বর্ণিত সম্পত..
Category: Property Law | Date: | Hits: 89
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