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Md. Jashim Uddin Vs. State, 2011, 40 CLC (HCD)
....rt No.11, Dhaka in Special Tribunal Case No.635 of 2008 arising out of G.R. Case No. 232 of 2008 corresponding to Badda P.S. Case No.33 dated 18.4.08 under section 19 A of the Arms Act, rejecting the prayer for bail of the appellant. 2. While interrogation in a case under section 392 of the Penal......1, Dhaka in Special Tribunal Case No.635 of 2008 arising out of G.R. Case No. 232 of 2008 corresponding to Badda P.S. Case No.33 dated 18.4.08 under section 19 A of the Arms Act, rejecting the prayer for bail of the appellant. 2. While interrogation in a case under section 392 of the Penal Code i...... 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: ...... 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: ..Category: Criminal Law | Date: | Hits: 43
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....ce of exploration to sustain current and future production levels. 27. By an order dated 3rd December 2001, this Division, allowed an amendment application the petitioners preferred, wherefor the prayer part is now to be read as follows:- Wherefor it is prayed that your Lordship may be pleas......e Rule Their petition succeeded to engender a Rule in following terms: “Let a Rule Nisi issue calling upon the respondents to show cause as to why they should not be directed to evolve and formulate a National Strategy Policy through Parliament ensuring appropriate participating interest ......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ..Category: Constitutional Law | Date: | Hits: 231
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....M Zahirul Islam, Assistant Attorney-General—For the Opposite Party. Criminal Miscellaneous Case No.380 of 1995. Judgment Abu Sayeed Ahammed J.- This Rule is under section 561A CrPC on the prayer of the four accused petitioners, namely (1) Shamsuddin Ahmed, Assistant Editor Daily Jana Kan......ud, Editor, Daily Jana Kantha, (3) Toab Khan, Advisory Editor, Daily Jana Kantha and (4) Borhan Ahmed, Executive Editor, Daily, Jana Kantha, having its office at 55, Motijheel Commercial Area, Dhaka, for quashing the proceeding as contained in complaint case No.1364 of 1994 under section 295A of Pen......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497...Category: Criminal Law | Date: | Hits: 52
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....ames of the legal heirs of the defendant in his place to proceed with the suit. The plaintiff also filed separate application and prayed for taking the case out of the list of peremptory hearing. The prayer for amendment of the plaint was seriously opposed on behalf of the defendant. It was contende......the Code of Civil Procedure is directed against the order dated 6-3-1991 passed by the learned Assistant Judge, Additional Court Rajshahi in OC Suit No. 402 of 1982/69 of 1990 allowing an application for amendment of the plaint by way of striking out the name of the deceased sole defendant and addin......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457...Category: Property Law | Date: | Hits: 71
Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)
....ry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence. Both oral and documentary, if any may make such decision on the prayer of the applicant as it deems fit. Thus, the Court of settlement was obliged to decide the cas......ia, that after liberation of Bangladesh the property was wrongly enlisted as abandoned property and it was published in the official gazette ‘Ka’ on 23-9-86. The petitioner filed an application before the Chairman Court of Settlement being case No.191 of 1988 for release of the house from the ab......d to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456.......d to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456...Category: Procedural Law | Date: | Hits: 92
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....t clear that this case raises an important question of law and, as such, we are of the view that our observations and the decisions may be scrutinised by the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed.......d order dated 17-9-90 passed by the Taxes Appellate Tribunal Bangladesh, Dhaka, in Income Tax Appeal No.1656 of 1985-86 (Assessment year 1981-82). 2. The assessee applicant did not file any return for the assessment year 1981-82 and on his failure to file the return the assessing authority issued......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....ade the company a sick one for which the defendants Bank is liable to compensate the plaintiff company and pay the damage as prayed for. 4. The defence case as per written statement is that on the prayer of the plaintiff company Bangladesh Krishi Bank granted loan to the plaintiff as per conditio......dinate Judge Munshiganj in Money Suit No.1 of 1991. 2. The Respondent as plaintiff instituted Money Suit No.1 of 1991 in the Court of Subordinate Judge, Munshiganj against the defendant-appellants for a decree of Taka 87,75,000.00 as damage. The plaintiff in the suit is Alhaj Muhammad Nurul Islam......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ..Category: Civil Law | Date: | Hits: 101
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....e the High Court Division and prayed for anticipatory bail and in papra-7 it was stated that co-accused Sumon Sheikh (accused No.4) had been arrested by police and till then he was in custody and his prayer for bail was rejected and as such the respondents reasonably apprehended that if they surrend......t: The appeal is allowed. The Emergency Power Rules, 2007, Rule 19(gha) The expression Adalat or Tribunal in rule 19(gha) refer to all Courts including the Supreme Court of Bangladesh. Therefore under rule 19(gha) the Supreme Court is also debarred from granting bail to persons accused of ......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..Category: Criminal Law | Date: | Hits: 100
....evision application under section 115 of the Code of Civil Procedure against order No.87 dated 10-5-2000 passed by Subordinate Judge, 1st Court, Bogra in Other Class Suit No.78 of 1987 by which their prayer for vacating stay was refused.
2. It is stated that on 25-9-85 the petitioners instituted ...... application under section 115 of the Code of Civil Procedure against order No.87 dated 10-5-2000 passed by Subordinate Judge, 1st Court, Bogra in Other Class Suit No.78 of 1987 by which their prayer for vacating stay was refused.
2. It is stated that on 25-9-85 the petitioners instituted Other C...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610....... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610...
Category: Civil Law | Date: | Hits: 81
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....ntiff well as defendant Nos.3 and 5 filed hazira but defendant No. 4 prayed for adjournment of hearing of the suit. 5. The learned Subordinate Judge by his impugned order dated 4-11-80 allowed the prayer of the defendant petitioner for adjournment with Taka as CP cost payable to the plaintiff fix....... Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.186 of 1978. 2. Short facts relevant for the purpose of the case are that the opposite party as plaintiff instituted a suit in the 3rd Co......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... It also appears that immediately after issuance of the Rule Mr. M Amir-ul Islam, Senior Advocate, appeared in Court by filing a power on behalf of the respondent No.1 and in consideration of his prayer the Court observed that question of disqualification of the petitioner was not considered, th...... 1966 Punjab 393); re P. An Advocate, AIR 1963 (SC) 1313. Lawyers Involved: KS Nabi, with Sheikh Md. Serajul Islam, Khaled Hamid Chowdhury, Md. Shahed Au Jinnah and Kazi Rehan Nabi, Advocates—for the Petitioner. Tania Amir with Manzill Murshid- for the Respondent No. 1. Writ Petition N...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....f the Bengal Tenancy Act for preemption of a transfer way by of Heba-bil-Ewaz. The deed was nominally valued at Taka 1,000 for the purpose of registration but the consideration for the transfer was a prayer mat, a piece of Tasbi and a piece of Holy Quran. The application was allowed by the Munsif an......de of Civil Procedure, in brief, the Code, against order No. 33 dated 4-5-2000 passed by Senior Assistant Judge, Sadar, Sunamganj in Miscellaneous Case No. 22 of 1998 (pre-emption). 2. Short facts for disposal of the Rule are that opposite parties No.1 and 2 made an application under section 96 o......Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563...Category: Property Law | Date: | Hits: 68
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....int and that the decree holder petitioner may be allowed a decree for specific performance of contract in respect of the said house. The learned Subordinate Judge by order dated 24-5-1989 allowed the prayer for amendment of the plaint and schedule ‘Kha’ property has been included in the plaint. ......d party opposite party. 2. This Rule arises out of the following facts: Petitioner instituted title Suit No.180 of 1986 in the 1st Court of Subordinate Judge, Dhaka against late Md. Jalaluddin for Specific Performance of Contract for sale of schedule ‘Ka’ property. During pendency of the ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....te was created and that if possession of the hat is taken over from the plaintiff, it would suffer irreparable loss and injury. 3. Defendant-opposite Party No.1 filed written objection against the prayer for temporary injunction. Their case is that the plaintiff was the owner of the hat in questi......in Mouza Jat Amrul, Police Station Atrai, District Rajshahi without any interference from the principal defendants. After the institution of the suit, the plaintiff petitioner filed an application for injunction restraining the principal defendants from leasing out the Waqf portion of the Ahsango......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552...Category: Property Law | Date: | Hits: 105
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ...... J.- This Rule at the instance of defendant-appellant-petitioner was issued calling upon the opposites to show cause as to why the impugned judgment and decree so far it relates to remand of the case for fresh trial passed in Title Appeal No.168 of 1996 dated 28th June, 1998 and the decree signed on......of Specific Performance is discretionary of the Court and section 22 of the Specific Relief Act provides clearly that Court is not bound to grant such relief earlier because it is lawful to do so, in remanding back the case the exercise of the discretion by the trial Court is redundant as the appell......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..Category: Civil Law | Date: | Hits: 71
....respondents did neither complete the transaction nor hand over the physical possession of the property in favour of the petitioners in spite of compliance of all the terms by them. They made repeated prayers for completion of the transaction but having failed in this respect, a notice demanding just......nts did neither complete the transaction nor hand over the physical possession of the property in favour of the petitioners in spite of compliance of all the terms by them. They made repeated prayers for completion of the transaction but having failed in this respect, a notice demanding justice was ......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519...
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....Original Order No. 75 of 1984 with Civil Rule No. 205 (fm) of 1984. Judgment Ranadhir Sen J.- This appeal is directed against the order dated 11-4-84 of the learned Subordinate Judge refusing a prayer for temporary injunction in mandatory form. 2. The plaintiff filed the suit for declaratio......l Order No. 75 of 1984 with Civil Rule No. 205 (fm) of 1984. Judgment Ranadhir Sen J.- This appeal is directed against the order dated 11-4-84 of the learned Subordinate Judge refusing a prayer for temporary injunction in mandatory form. 2. The plaintiff filed the suit for declaration that ......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..Category: Others | Date: | Hits: 132
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....General — For the State. Criminal Appeal No.2681 of 1998. Judgment Kazi Ebadul Hoque J. - This is an application for bail of the appellants. The appeal is against the order of rejection of prayer for bail by the Special Tribunal on 2-11-98. Appellants previously filed Criminal Appeal No.5...... Advocate — For the Appellant- Petitioner. MA Rouf, Assistant Attorney-General — For the State. Criminal Appeal No.2681 of 1998. Judgment Kazi Ebadul Hoque J. - This is an application for bail of the appellants. The appeal is against the order of rejection of prayer for bail by the S......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207...Category: Criminal Law | Date: | Hits: 35
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....were arrested from or near the place of occurrence in the absence of any specific allegation against them the petitioners could not be charged with abetment of murder and, as such, rejection of their prayer for bail was not proper exercise of judicial discretion on the part of the learned Additional......te opposite party to show cause as to why they should not be enlarged on bail in Sessions Case No. 633 of 1996 pending in the 3rd Court of the Additional Sessions Judge, Dhaka. 2. Learned Advocate for the petitioners made extensive submissions after referring to the materials on record specially ......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....ions of Specific Relief Act. Defendant No. 1 was not evictable from the suit property. 8. His definite case was that defendant Nos. 2 and 3 acquired the suit land for Mirpur satellite town. On the prayer of Mohammad Jabbar the suit plot was on 17-9-63 allotted to him and delivered possession. Sai......7-2000 passed by the Subordinate Judge and Commercial Court No. 1 at Dhaka in Title Suit No. 82 of 1997, which dismissed the suit. 2. On 28-5-95 the plaintiff instituted Title Suit No. 166 of 1995 for eviction of defendant No. 1 from the suit land measuring about 300 square yards with structures ......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88...Category: Property Law | Date: | Hits: 83
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