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Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
....arte on 2‑6‑1959 by the learned Munsif, now Assistant Judge and the plaintiffs title to the suit land was declared. However, the suit land, although it was described correctly in the body and the prayer portion of the plaintiffs plaint, the current Plot No. 313 was wrongly written in schedule "k......le Suit No. 2 of 1959 in the Court of Assistant Judge, Nesarabad, District Pirojpur rejecting the petitioner's application under section 152 of the Code of Civil Procedure. 2. The learned Advocate for the petitioner, Mr. Chandi Charan Paul, being unable to be present in Court due to his illness, ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ..Category: Property Law | Date: | Hits: 61
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
.... Court otherwise comes to know of any illegality in any order of any inferior Court within its jurisdiction. In view of such position of law there cannot be any legal reason to lend a deaf ear to the prayer made by an informant to put the ball into motion by an application under section 439 of the C......For the Petitioner Mainul Hosein with Md. Mozzamel Huq, Advocates-For the Opposite Party No. 2. Criminal Revision No. 579 of 2000. Judgment Amirul Kabir Chowdhury J.- At the instance of informant Md. Abdur Rahman Kha, on an application under section 439 of the Code of Criminal Procedure,......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....ubsequently, the accused petitioner including the accused No.2 Md. Tajul Islam filed an application for bail before the learned Metropolitan Magistrate who by his order dated 8‑4‑2003 allowed the prayer for bail of the accused petitioner and rejected that of the co-accused Md. Tajul Islam with......nding to GR No. 128 of 2003 under sections 406/420/467/468/471/109 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule is that, the opposite party No. 2 as informant lodged an FIR......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ..Category: Criminal Law | Date: | Hits: 45
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....ssioner, Khulna to show cause as to why the order dated 2210‑2001 passed by the learned Additional Sessions Judge, 4th Court, Khulna and Special Judge in Special Case No. 13 of 2001 rejecting the prayer for withdrawal of the prosecution against the accused petitioner should not be set aside. ......, Khulna to show cause as to why the order dated 2210‑2001 passed by the learned Additional Sessions Judge, 4th Court, Khulna and Special Judge in Special Case No. 13 of 2001 rejecting the prayer for withdrawal of the prosecution against the accused petitioner should not be set aside. 3. ......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ..Category: Criminal Law | Date: | Hits: 56
....it he filed an application for temporary injunction restraining the defendants from transferring the suit land to any third party in any manner till disposal of the suit. The defendants contested the prayer for injunction by filing a written objection claiming that the petitioner has no locus-standi......ctober 6, 2010.
Lawyers Involved:
A.Q.M. Shafiullah, Advocate, instructed by Mr. Mahbubur Rahman, Advocate-on-Record-For the petitioners.
Not Represented- the Respondents.
Civil Petition for Leave to Appeal No. 381 of 2009.
(From the judgment and order dated 3.12.2008 passed by the H......petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155.
......petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155.
..
Category: Property Law | Date: | Hits: 58
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
.... the tax exemption and the impugned orders dated 18‑10‑1999 and 17‑2‑2000 vide Annexures C and F to the writ petition, respectively passed by the National Board of Revenue (NBR) rejecting the prayer of the petitioner to allow the said tax exemption to the petitioner as contemplated under sec......ercial basis under certain conditions provided such undertaking was established in between the first day of July, 1995 and 30th June, 2000 (both days inclusive) and an application was made to the NBR for such tax exemption within 180 days from the date of commencement of its commercial production/op......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....d against him is being or has been taken with an ulterior motive, political or otherwise, for harassing the accused and not for securing justice in a particular case. The only other case where the prayer may also be considered may occur if it is proved that on account of some local public commoti......ahima Nasrin, Assistant Attorney-General-For the State Opposite Party No. 1. Rabeya Bhuiyan, with Sadiqun Nahar Papri, Shamsee Ara Begum, Majumder Saiful Islam and PC Guha, Advocates ‑ For the Informant. Criminal Miscellaneous Case No. 9087 of 2001. Judgment AK Badrul Haq J.- The claim......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
.... the Government to and occupy the case holding. The Court of Settlement on perusal of the Government file and on consideration of the materials on record submitted by the writ petitioner rejected the prayer for release by the impugned judgment and order dated 07.09.1997 and hence the writ petition.
...... 49 DLR (AD) 161.
Lawyers Involved:
M. I. Farooqui, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For the Petitioner.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 934 of 2008.
(From the judgment and order dated 27.11.2007 passed by the ......and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
..
Category: Property Law | Date: | Hits: 54
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
.... sent from Nababganj Sonali Bank Branch to Chittagong Sonali Bank Branch favouring account No. CD 624 of one Babul Sheikh. It appears from the said impugned application that the respondent No. 1 made prayer for seizure of the aforementioned documents for the purpose of preliminary inquiry to determi......crecy and confidentiality of the accounts of various clients. The respondent No. 1 by its office Memo No. 437/DAB (BAB) dated 7‑5‑94 addressed to the District and Sessions Judge, Nababganj prayed for issuing direction upon the Manager, Chapai Nababganj Branch of the petitioner Bank to hand over ......s are made without any lawful authority and are 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: 55 DLR (2003) 233.......s are made without any lawful authority and are 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: 55 DLR (2003) 233...Category: Anti-Corruption Laws | Date: | Hits: 153
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
....7-7-95 one Mr. Abu Jafar Siddique, the learned Advocate was appointed on behalf of the State to defend absconding accused Ela and Jalal. It further appears that from order No.43 dated 24-2-97 that on prayer of Jafar Siddique his appointment was cancelled and Mr. Nasiruddin Ahmed, the learned Advocat......nd 1391 of 1997. Judgment MM Ruhul Amin J. - This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court, Kushtia for confirmation of the sentence of death imposed upon the condemned prisoner Rabiul Hossain alias R...... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370....... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370...Category: Criminal Law | Date: | Hits: 47
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....ntiff filed Title Suit No. 564 of 1981 in the 2nd Court of the Munsif, Chandpur which on transfer to the Court of Munsif, Hajigonj was renumbered as Title Suit No. 298 of 1983 and subsequently on the prayer of the plaintiff this suit was withdrawn. The defendant asserted that the plaintiff has filed......t fact leading to this appeal is, that the appellant as plaintiff instituted Title Suit No. 63 of 1985 in the Court of the Subordinate Judge, Chandpur impleading the respondents as defendants praying for declaration of title by adverse possession in respect of the suit land described in schedule to ......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ..Category: Property Law | Date: | Hits: 51
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....ister referred the matter to the Additional Deputy Commissioner (Rev), Narayanganj for report and the ADC on 21-10-99 informed the Secretary, Ministry of Land stating the material facts referring the prayer of the petitioner for release of the land. The petitioner having no response from the respond......dent No.3 in connection with LA Case No.127/61-62 should not be declared to have been passed without any lawful authority. 2. Common question of law seems to be involved in all the Rules, we, therefore, dispose of the Rules by this single judgment. 3. In Writ Petition No.337 of 1999 the petiti...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....rder dated 7-6-87 passed by the Assistant Judge, Moheshkhali Cox’s Bazar passed in the pre-emption Misc. Case No 17 of 1986 under section 96 of the State Acquisition and Tenancy Act. Dismissing the prayer for pre-emption opposite party No. I filed pre-emption case against the present petitioner an......ted 7-6-87 passed by the Assistant Judge, Moheshkhali Cox’s Bazar passed in the pre-emption Misc. Case No 17 of 1986 under section 96 of the State Acquisition and Tenancy Act. Dismissing the prayer for pre-emption opposite party No. I filed pre-emption case against the present petitioner and other......stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ..Category: Property Law | Date: | Hits: 67
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....efore the District Judge, Bogra being Other Class Appeal No. 21 of 1984 and the said appeal was eventually transferred to the Court of the Subordinate Judge for disposal. 6. It appears that on the prayer of the plaintiff appellant for permission to withdraw the suit on the ground of formal defect......side the judgment and decree dated 29-6-1983 passed by the Second Court of Munsif, Bogra in Other Class Suit No.153 of 1977 dismissing the suit has been called in question. 2. Short facts relevant for the purpose of the case are that, petitioner Md. Habibur Rahman Paikar as plaintiff instituted a...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....lf admitted in his cross-examination that he prayed for cancellation of the earlier deed of gift also which is not correct. Under such circumstances this suit for simple declaration, without a proper prayer for decree for cancellation of the deed of gift dated 22-3-1975 (Exhibit-Uma), is also barred......f 1983, should not be set aside. 2. The plaintiff-petitioner filed a suit being Title Suit No.19 of 1983 in the Court of Munsif, Second Court Khulna, against the defendant opposite parties praying for declaration of his title in the suit land contending inter alia, that 0.47 acre of land mentione......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ..Category: Property Law | Date: | Hits: 72
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....sponding to OR Case No. 10698 of 1975 now pending before the learned Sessions Judge, Dhaka. We propose to dispose of all the three Rules by this judgment. The Rules were issued after rejection of the prayer for ball by the learned Sessions Judge, Dhaka. 2. Lodged on 4-11-1975, by KA Awal, Deputy ......ur Rahman, Md. Nurul Islam Manjoor and Shah Moazzam Hossain respectively should not be enlarged on bail in Lalbagh PS Case No.11 dated 4-11-95 corresponding to OR Case No. 10698 of 1975 now pending before the learned Sessions Judge, Dhaka. We propose to dispose of all the three Rules by this judgmen......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51...Category: Criminal Law | Date: | Hits: 46
Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)
.... offence by the Court concerned. We are, therefore, of view that the Rule has become infructuous. Petitioners may however pray for bail from the Court below which will be at liberty to consider their prayer in accordance with law. In the result, the Rule is discharged. Bail granted to the petitio......que with Kh Nazrul Islam and Maqbul Ahmed, Advocates — For the Petitioners. MA Rouf, Assistant Attorney-General — For the State. Shirin Ahmed with Faisal Mahmud Faizee, Advocate—For the Informant. Criminal Miscellaneous Case No. 3969 of 1998. Judgment Kazi Ebadul Haque J. - This......ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42.......ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42...Category: Criminal Law | Date: | Hits: 33
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....n 24-9-94 for sending back the case for re-investigation by a competent officer of the Bureau of Anti-corruption (vide Annexure C) but learned Additional Sessions Judge was pleased to reject the said prayer by his order dated 24-9-95. The offence prescribed under section 409 of the Penal Code commit......g in the 5th Court of Additional Sessions Judge, Dhaka should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts, in short, necessary for the purpose of disposal of this Rule may be summed up as follows: Mr. Chowdhury Fakruzzaman, ......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40...Category: Criminal Law | Date: | Hits: 62
Harun and others Vs. State, 1998, 27 CLC (HCD)
....12 of 1996 at the instance of the accused-petitioner Bachu alias Bachu Sheikh has been directed against the judgment and order dated 23-11-95 passed by the learned Sessions Judge, Dhaka rejecting the prayer for bail of the accused-petitioner raising the contention that he did not commit any offence ...... with Criminal Miscellaneous Case No. 254 of 1997. Judgment AK Badrul Huq J. - Criminal Miscellaneous case No.1212 of 1996, 310 of 1998 and 142 of 1998 arising out of three applications for bail of three accused petitioners under section 498 of the Code of Criminal Procedure and Crimin......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33...Category: Criminal Law | Date: | Hits: 65
State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)
....heet against 22 accused persons on 9th June, 2008. 3. The case record was eventually sent to the Metropolitan Sessions Judge, Dhaka for trial and while the trial of the case was in progress on the prayer of the prosecution, the trial Court allowed further investigation of the case. The case is un......eral, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. T.H. Khan, Senior Advocate, instructed by Taufiq Hossain, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 347 of 2010. (From the judgment and order dated 26.05.2010 passed by the ...... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ...... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ..Category: Criminal Law | Date: | Hits: 50
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