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Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......uch, this appointment was not illegal. It has already been mentioned that after appointment of the sole arbitrator this present petitioner did not raise any objection though he had scope for making a prayer in the Court for setting aside the appointment of the sole arbitrator as per above quoted p..Category: Alternative Dispute Resolution | Date: | Hits: 182
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......the defendants went to take possession of the suit property through Court, the plaintiffs resisted and the bailiff of the Court returned the 'writ of delivery' without executing the same with the prayer for police help. Meanwhile, the plaintiffs filed Title Suit No.329 of 1980 in the Court of As..Category: Property Law | Date: | Hits: 72
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......e judgment and order dated 10.8.87 passed by Mr. Md. Sirajul Islam, Subordinate Judge, Habigonj and the judgment and order dated 24.4.85 passed by Mr. MH Khan the learned Munsif are set aside and the prayer for temporary injunction is rejected. In the result the Rule is made absolutely without an..Category: Property Law | Date: | Hits: 101
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....Rahman, the learned Deputy Attorney‑General appearing for the respondents, submits that since the petitioner was absent when the case was called on for hearing, the Court of Settlement had no other alternative but to dismiss the suit for default. 6. This submission of the learned Deputy Attorne......quiry as it may deem necessary and alter 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." 7. It appears from the impugned order as quoted above t..Category: Procedural Law | Date: | Hits: 59
....oner Md. Mohsin Kabir continued to reside in the said house in spite of the judgment of the Court of Settlement, respondent No.3 was unable to get possession of the case property and having no other alternative she (respondent No.3) obtained Rule Nisi (Writ Petition No.424 of 1989) on 27.2.1990 aga......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
..
Category: Property Law | Date: | Hits: 86
....itioners have filed one writ petition in representative character seeking the same relief and as such the petition is not maintainable. He also submits that there being available to the petitioner an alternative remedy by way of appeal and the petitioners having not availed the same, the present pet...... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292...
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....ontest the revision case due to the non‑service of the notice. In the present case, according to the learned Counsel, the provision of section 151 of CPC is very much attracted as there is no other alternative provision for getting remedy for the wrong done to the petitioner for no fault of his ow......on, there is no scope for reviewing the judgment once delivered by me on merit, particularly when the higher forum was open for the aggrieved party.1, therefore, find no justification in allowing the prayer of the petitioner (opposite party in the revision) and opening the gate for rehearing of the ..Category: Property Law | Date: | Hits: 90
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......g letter, but the latter did not receive his joining letter and allow him to join his service. The complainant then sent his joining letter by registered post on 5-12-1993 to the petitioner with a prayer to accept his joining letter and allow his to join his post. But the petitioner did not all..Category: Labour and Industrial Law | Date: | Hits: 147
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
....nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......tioner No.1which is evident from Annexure-F and F(1). The property was recorded in the filed khatian in the name of Md. Khairul Huda which is evident from Annexure A. Thereafter the petitioner made a prayer before the ADC Revenue for accepting rent from them but in vain and, as such, by serving a no..Category: Property Law | Date: | Hits: 69
....n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 289.
......eals and directed recording of the name of the petitioner as the sole tenant of the RS Khatian No.1600. The copy of this judgment and order is at annexure L to the writ petition, Subsequently, on the prayer of some of the respondents the Director of Land Records, Respondent No.1, directed the Settle..
Category: Property Law | Date: | Hits: 125
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......k some time after and informed them that the accused persons did not allow them to go near their house and out of fear of gunshot, they did not dare to enter into the house of Matbar Ali. After Johar prayer the OC came to the place of occurrence and Abdul Mannan, the informant, lodged the First Info..Category: Criminal Law | Date: | Hits: 111
....rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302.......l No.38 of 1990 allowing the appeal granting temporary injunction reversing those dated 08.03.1990 passed by the Senior Assistant Judge, Sadar, Sylhet in Title Suit No.241 of 1989 refusing plaintiffs prayer for temporary injunction.
2. The facts involved in case, in short, are that the plaintif..
Category: Property Law | Date: | Hits: 65
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
.... different and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ...... No.6, mother of the plaintiff who did not contest the suit filing written statement sought to be transposed from the category of defendant to plaintiff in order to proceed with the suit and the said prayer was allowed on revisional case in Civil Revision No. 407 of 1991 making the Rule absolute. Ad..Category: Property Law | Date: | Hits: 65
....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
...... from IPDC as per agreement the matter shall be referred to arbitrator. It accordingly held that the learned Judge of Artha Rin Adalat concerned committed no illegality in rejecting the appellant’s prayer for stay of the proceedings of Artha Rin Suit as per Section 10 of the Arbitration Act, 2001...
Category: Civil Law | Date: | Hits: 78
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......te for the respondent, submits that he had got instruction from his clients to go to the Appellate Division against the decision of this Court and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Ca..Category: Property Law | Date: | Hits: 70
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......ck some time after and informed them that the accused persons did not allow them to go near their house and out of fear of gunshot they did not dare to enter into the house of Matbar Ali. After Johar prayer the OC came to the place of occurrence and Abdul Mannan, the informant lodged the First Infor..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......n, but before he could complete the ground‑floor of the building the respondent was transferred to the Head Office of the then Industrial Development Bank of Pakistan (IDBP) in Karachi, that on the prayer of the respondent the then IDBP sanctioned a House Building Advance to him in November, 1970 ..Category: Property Law | Date: | Hits: 110
....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......pprehended and nobody will suffer.
3. Mr. Aminul Huq, the learned Attorney General, while refuting the contention of Mr. Amir-ul-Islam, the learned Counsel for the petitioners with regard to the prayer for stay of ensuing Election of the President scheduled to be held on 8th October, 1991 at th..
Category: Constitutional Law | Date: | Hits: 229
....ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
......ively.
IV. On failure of the respondent to act in terms of the above schedule, the matter may be proceeded with as per direction of the Hon'ble Court and till then the matter may be kept stayed on prayer before the Hon'ble Court.
That the petitioner's learned Advocate agreed to the terms and c..
Category: Company Law | Date: | Hits: 190
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
.... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......ition dated 21.7.83, WO dated 24.5.83 against the petition. On perusal of the petition it appears that the proposed amendment will entirely change the nature and character of the suit. As such the prayer for amendment is rejected on contest." 4. Mr. Khan submits that the application for amendm..Category: Property Law | Date: | Hits: 92
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