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Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
.... Court could have pointed out in the report of the Commissioner. This kind of disposal by a judicial officer of the rank of a District Judge is very unfortunate. 25. It further appears that on the prayer of defendant No. 17 the appellate Court has ordered to allot a share to said defendant. Defen...... at Rajbari in Title Appeal No. 162 of 2001 reversing those dated 4-9-01 passed by the Subordinate Judge, Court No. 1 at Rajbari in Title Suit No. 23 of 1995. 2. The plaintiffs instituted the suit for partition. Defendant Nos. 1 to 8 and 30 who are opposite party Nos. 1 to 9 herein contested the ......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ..Category: Property Law | Date: | Hits: 70
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....porary injunction was rejected and ad interim injunction was vacated. Said defendant Nos. 5, 6 and Akmal then presented FMA No. 17 of 1983 before this Division and obtained an order of stay rejecting prayer for injunction in Civil Rule No. 137 (FM) of 1983. Then in April, 1983 defendant No. 3 again,......ich decreed the suit. 2. On 8-1-97 respondent No.1 as plaintiff instituted Other Suit No. 4 of 1997 in the Second Court of Subordinate Judge at Sadar in Chittagong against the appellant and others for declaration of title and confirmation of possession and for further declaration that ex-parte ju......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..Category: Property Law | Date: | Hits: 71
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....or less supported the prosecution case in his examination-in-chief. During cross-examination on behalf of the condemned prisoner, he says that he went to the place of occurrence after Azan for Magrib prayer and he was at a distance of 50 cubits from the deceased. He further says that PW 2 was not wi......ns Judge, Natore, have been heard together and are being disposed of by this Judgment as common questions of law and facts are involved. 2. Prosecution case, stated briefly, is that on 13-5-2002 informant PW 1, Sub-Inspector Md. Obaidur Rahman along with Sub-Inspector Abdul Bari, Sub-Inspector Am......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ..Category: Criminal Law | Date: | Hits: 49
....e dismissed for default while the sole plaintiff died earlier to that order. At best the learned Assistant Judge could pass the order of abatement instead of passing the impugned order, rejecting the prayer under section 151 of the Code of Civil Procedure.
8. Mr. Md. Moksed Ali referred 1985 BLD ......ite parties to show cause as to why the impugned order dated 13-6-1993 passed learned Assistant Judge, Ghoraghat Police Station, District Dinajpur in Other Class Suit No.3 of 1984 dismissing the suit for default and order dated 1993 refusing to vacate the impugned order dated 13-6-1993.
2. The pe...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502....... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502...
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....oof lies in this case. The plaintiffs claim that they are citizens of India whereas the alleges that they are citizens of Pakistan. Ordinarily, it is for the plaintiff to prove the facts on which his prayer for relief is based. But if the plaintiffs are able to prove that they were citizens of India......lna in Title Appeal No.114 of 1974, dismissing the appeal and affirming the judgment and decree dated 8-7-74 passed by the Munsif, 1st Court, Bagerhat in Title Suit No.67 of 1972, dismissing the suit for declaration that the plaintiff present appellant is a citizen of Bangladesh. 2. The case of t......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496...Category: Immigration and Citizenship Law | Date: | Hits: 190
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
.... Bhuiyan submits that no fraudulent intention from any corner in releasing the property found in the record. Mr. Bhuiyan further submits that although no formal application has been exhibited showing prayer for releasing the property which was sold by the defendant No.2 to the plaintiffs after the p......4, dismissing the appeal and affirming the judgment and decree dated 26-5-1964 passed by the Subordinate Judge, Additional Court, Noakhali in OC Suit No.45 of 1960 dismissing the suit which was filed for declaration of title of the plaintiffs to the suit property, on the basis of purchase on 26-2-19......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
.... and 17-7-1994 convict-appellant did not make himself available before Tribunal and prayed for time. On 18-9-1994 convict-appellant made himself available before the Court. On 30-11-1994 and 4-2-1995 prayer for time had been filed before Tribunal on behalf of convict-appellant for his presence. Time......t May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, specifically against the Armed Cadres, for the fear of i......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....ic meter per month at a gas flow pressure of 5 PSIG instead of load of 26715.31 cubic metre per month at the gas pressure of 8 PSIG. 11. It appears from the record that the trial Court refused the prayer of the plaintiff for a direction upon the Titas Gas to prepare the bills at a load of 13357.6......cellaneous Appeal No.147 of 2000 by which the defendants were directed to restore gas connection to the plant of the plaintiff by way of an ad-interim order of mandatory injunction. 2. Short facts for disposal of the Rule are that, on 5-4-2000 opposite party No.1 as plaintiff instituted a suit be......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..Category: Civil Law | Date: | Hits: 151
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....er the question. In the case of MA Malik, the Appellate Division has held- “In view of the clear proviso to section 42 of the Specific Relief Act there is no hesitation in saying that without prayer for consequence relief such suit should not be maintained.” 23. The suit was brought for......o. 748 of 1999 reversing those dated 30-9-1999 passed by Senior Assistant Judge, 6th Court at Dhaka in Title Suit No. 249 of 1998. 2. The petitioners as plaintiffs on 28-7-1998 instituted the suit for setting aside the judgment and decree dated 24-5-1998 and 31-5-1998 respectively, exhibit 12 and......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452...Category: Property Law | Date: | Hits: 75
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....show cause as to why the proceedings of the assessment and the notice asking him not to travel outside the country should not be said to have been taken and passed without lawful authority and on the prayer of the learned Counsel for the petitioner that the petitioner has an urgent business in USA a......ated 27-4-92 issued by the respondent No.3 namely, the Assistant Commissioner of Taxes, Central Salary Circle I, section II, 40 Segun Bagicha, Dhaka directing the petitioner not to leave Bangladesh before settling income tax assessment matter. 2. In the instant case, this petition is moved by Gur...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
....hid J.- This appeal was presented by the plaintiff against judgment and order dated 12-02-2001 passed by the 10th Court of Additional District Judge at Dhaka in Title Suit No. 32 of 2000 by which the prayer of the plaintiff for temporary injunction was refused. 2. The plaintiff instituted the sui......presented by the plaintiff against judgment and order dated 12-02-2001 passed by the 10th Court of Additional District Judge at Dhaka in Title Suit No. 32 of 2000 by which the prayer of the plaintiff for temporary injunction was refused. 2. The plaintiff instituted the suit for a decree for perpe...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..Category: Intellectual Property Law | Date: | Hits: 230
....mance of contract but also prayed for declaration that the property was not an abandoned property. But from the judgment of the appellate Court it appears that the petitioner abandoned the subsequent prayer and during the pendency of the suit filed a case before the Court of Settlement.
11. As to......n 17-2- 1986 in the First Court of Subordinate Judge, Dhaka against Ali Mohammad Abbas, the Chairman of the DIT and the Government of Bangladesh represented by the Secretary, Ministry of Public Works for specific performance of contract and also for a decree for declaring that the enlistment of the ......ons stated here in above 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: 53 DLR (HCD) (2001) 426.
......ons stated here in above 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: 53 DLR (HCD) (2001) 426.
..
Category: Property Law | Date: | Hits: 103
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ication No.58 of 1998. Accordingly, the application for condonation of delay is rejected. There will be no order as to cost. 11. At this stage the learned Advocate for the petitioner makes a prayer for giving a certificate under section 162 of the Ordinance for filing an appeal before the A......ot represented—the Respondent. Reference Application No. 78 of 2000. Judgment Syed Amirul Islam J.- This is an application filed under section 5 read with section 14 of the Limitation Act, for condonation of delay of 159 days in filing the reference application under section 160 of the In......es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ..Category: Fiscal/Taxation Law | Date: | Hits: 108
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....the petitioners appeared before the Prescribed Authority in the Ministry for hearing on 31-5-1998 but the said authority cursorily heard the petitioners and others without going into details of their prayer in presence of the respondent No.4. Thereafter, Mr. Ahmed refers to us Annexures-O and O-1 of......ne Wards of Lalmohan Pourashava should not be declared to have been made without any lawful authority and is of no legal effect. 3. In Writ Petition No.1787 of 1998 the petitioners case, in brief, for disposal of the Rule is as follows: The petitioner is a Commissioner of newly created Ward No.4 ...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... writ petition, it is stated, inter alia, that the petitioners are owners in possession of CS Plot No.52 and 159 comprising in Municipal Holding No.113-116, Old Airport Road, Tejgaon, Dhaka. On their prayer, the Rajdhani Unnayan Kartripakkha, RAJUK, accorded them a sanction for construction of a 22 ......udgment Md. Abdur Rashid J.- This Rule Nisi was issued upon the respondents to show cause as to why the impugned order dated 24-06-99 canceling the sanction of the revised plan granted on 18-02-93 for construction of a 22-storied building, order dated 21-09-99 rejecting the appeal and order dated......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ..Category: Property Law | Date: | Hits: 125
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
.... satisfied as to the necessity of the impugned detention, the learned Deputy Attorney General prayed for time for filing a supplementary affidavit containing the required particulars and the said prayer was granted of Article 33 of the Constitution have been strictly complied with and that there...... authority of the Dacca Central Jail issued a statement in the Newspapers on the first April, 1974. On the 2nd April, the petitioner's lawyers served a notice upon the respondents 1, 2 and 3 asking for information as to the charges against him, the place of his custody and the authority under whic......this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..Category: Constitutional Law | Date: | Hits: 291
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
....he relies on the decision reported in 43 DLR 512 and 3 BLC 35. Learned Advocate refers to order dated 17‑12‑92 of Magistrate court's record and shows that prosecution filed two petitions one with prayer for recording statements under section 164 Cr.P.C. of accused Sahabuddin and Alam Kabiraj and...... State Vs. Sarowaruddin, 5 BLC 451; State Vs. Md. Ali Kibria @ Shahjahan, 43 DLR 512; Nil Raton Biswas Vs. State, 3 BLC 35. Lawyers Involved: Rafiqur Rahman with Serajur Rahman, Advocates- for the Appellants. ABM Waliur Rahman Khan with Shamima Ara Dora, Assistant Attorneys‑General...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ..Category: Criminal Law | Date: | Hits: 42
A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)
....of that report, the compliant made an application to the Magistrate for taking cognizance against the petitioners who conjointly and collusively committed the offence but the Magistrate rejected that prayer by his order dated 15-9-93. The complaint thus, preferred a revision before the Sessions Judg......nab Bibi under sections 313/109 of the Penal Code, now pending in the Court of Thana Magistrate, Horipur, Thakurgaon. 2. The complainant Joynab Bibi used to work in the Chattalla (small field used for drying paddy) of the accused a Rouf. On inducement by the accused A. Rouf that he would marry th......order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395.......order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395...Category: Criminal Law | Date: | Hits: 43
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
.... monthly pay orders were sent to the Madrasha but were not signed deliberately by the respondent No.1 and consequently, the allowances could not be collected and paid to them. 4. On 13-7-99 on the prayer of the petitioners respondent No.5 Bangladesh, represented by the Secretary Ministry of Educa......the affidavit that stopping of the salaries and allowances is the internal affairs of the local authorities and the said local authorities exercised their discretion judicially and that does not call for any interference by this Court. 6. In view of the papers annexed as Annexure-‘X’ series t......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ..Category: Employment/Service Law | Date: | Hits: 84
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)
....ent will commence on to day i.e. 25th January, 2009. The learned Counsel further submitted that the petitioner will not misuse the privilege of bail, if granted. Considering the circumstances, the prayer for bail is allowed. The petitioner, Habibur Rahman Mollah, is enlarged on bail to the sat......d by Md. Zahirul Islam, Advocate-on-Record- For Respondent No.1. Khorshed Alam Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For added respondent No. 2. Criminal Petition for Leave to Appeal No.11 of 2009. (From the judgment and order dated the 20th day of November, 2......larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ..Category: Anti-Corruption Laws | Date: | Hits: 120
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