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Awlad Hossain Vs. Bangladesh Shilpa Bank (BSB), Maijdi Branch, Noakhali and others, 2010, 39 CLC (HCD)

....eposit 25% of total bid money within 24 hours. 3. In this background the highest bidder Awlad Hossain (hereinafter called, 'the petitioner') filed an application on 24.3.2003 praying for one month time to deposit 25% of the bid money. The executing Court upon hearing the parties by its order date......on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated. Communicate this Judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 444. ..

Category: Civil Law | Date: | Hits: 145

Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)

....ibed under section 339C of CrPC has already been elapsed. 6. Section 339C(4) of the Code of Criminal Procedure is quoted as under "339C. (4) If a trial cannot be concluded within the specified time, the accused in the case, if he is accused of a non‑bailable offence, may be released on bail...... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ..

Category: Procedural Law | Date: | Hits: 72

Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)

....€‘6-97 which was, in fact, given a retrospective effect and this Director General had no authority to pass an order giving retrospective effect to the prejudice of the present petitioners who by that time acquired a vested right in‑their respective posts of the said college. Further, it appears th....... Annexures‑A and B to this application show that by a notice dated 30‑9‑86 and by another notice dated 8‑9‑87 the Governing Body of the Cheora College Authority published advertisement for appointment of Lecturers and Demonstrators in the aforesaid college. In pursuance of those advertise..

Category: Employment/Service Law | Date: | Hits: 72

Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)

....the Code of Civil Procedure, with the prayer that the plaintiffs should not be evicted from the suit property of the M/s Combined Food & Cold Storage Ltd. forcefully or illegally etc. At the same time the plaintiffs have also prayed for an interim order to that effect. 5. The defendant No.7 S......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ..

Category: Administrative Law | Date: | Hits: 212

AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)

....disposal of the rule, in short, are as follows: The petitioners obtained some loan from respondent No.1, Rupali Bank Limited, Hazaribagh Branch, Dhaka (hereinafter referred to as the Bank). At the time of obtaining loan they mortgaged their personal properties as security to the loan by exe­cuti......Ain is to be followed before taking action under sec­tion 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ..

Category: Civil Law | Date: | Hits: 159

Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)

....rovisions of Order XVIII Rule 17 C.P.C. which reads as hereunder: "17. The Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the Court thinks fit." 12. In the case of Nurul...... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ..

Category: Property Law | Date: | Hits: 58

Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)

....ive therein along with his family members. Such permission or licence was initially for a period of 6 months. However on the request of helpless Keramat, the period of license was extended at various times. After Abdul Hamid's death, his sorts allowed Keramat Ali and his family members and his next ......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..

Category: Civil Law | Date: | Hits: 123

Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)

....out 16 years. If the case is sent back on remand to the lower appellate Court for re­hearing of the appeal as submitted by the learned Advocate for the opposite party Nos.1 and 2 it will take a long time and increase the sufferings of the parties manifold. So, I have decided to dispose of the case ......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ..

Category: Property Law | Date: | Hits: 52

Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)

....nal Code read with section 5(2) of the Prevention of Corruption Act, 1947 shall not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, further proceedings of the said Special Case No. 3 of 2009 was stayed.......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ..

Category: Anti-Corruption Laws | Date: | Hits: 44

Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)

.... application. The cost of improvement, if claimed, is to be determined by the Court at the trial on taking evidence. So, it is inconceivable as to why for non‑deposit of the improvement cost at the time of filing the pre‑emption case, which is yet to be determined by the Court on taking evidence......ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ..

Category: Property Law | Date: | Hits: 54

Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)

....in his plaint, inter alia, that he by registered kabala dated 23‑4‑59 purchased the suit land in the names of his minor sons namely, defendant Nos.1 and 2, who were 8 and 1½ years of age at that time to avoid his creditor and has been possessing the same since then by constructing dwelling huts......for addition of defendant‑opposite parties Nos.3 to 5 by way of amendment of the plaint, which was allowed vide order dated 1‑12‑87. The plaintiff-petitioner thereafter filed an application for appointment of an Advocate Commissioner for local inspection and report as to whether, among others,..

Category: Civil Law | Date: | Hits: 59

Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)

....scellaneous Appeal No.244 of 1995 in this Court. This Court while admitting this appeal stayed the operation of the impugned order dated 15‑7‑1995 for a period of 3 months which was extended from time to time in the Rule. Thereafter the plaintiff‑opposite party No.1 again filed an application ...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ..

Category: Procedural Law | Date: | Hits: 69

Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)

.... on the case of Rafiqul Islam (Md.) Vs. Mir Abdul Ali, 44 DLR (AD) 176. In the case referred to above, the Appellate Division has held that sale deed executed earlier but registered later in point of time will prevail over sale deed executed later but registered earlier. The criterion in such cases ......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ..

Category: Property Law | Date: | Hits: 38

Alkas Gorami Vs. State, 2006, 35 CLC (HCD)

....ts.2 and 3 and his signature therein as Exts.2(1) and 3(1) and other exhibits. 11. This witness was cross-examined at length by the prosecution where he admitted that he didn't know whether at the time of the occurrence, law and order of the area were unrest or that the deceased persons were the ...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ..

Category: Criminal Law | Date: | Hits: 43

Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

....decision of a case Nazrul Islam Vs. State reported in 13 MLR 184 where their lordships of our apex Court has given a positive observation that accused-peti­tioner is to agitate his grievances at the time of hear­ing under section 241A of the Code of Criminal Procedure which is his alternative reme......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ..

Category: Procedural Law | Date: | Hits: 59

Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)

....ingly FDC provided the materials and service facilities. After completion of making ofthe film, the claims payable to FDC stood at Tk.35,93,315/- out of which Tk.. 11,60,000/- remained unpaid. At the time of taking delivery of the release-print of the film they issued two post dated-cheques for paym......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ..

Category: Criminal Law | Date: | Hits: 66

Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)

.... and accordingly the predecessor of the defendants applied for lease in response of the declaration and he got pattan of 2.64 acres of land vide registered kabuliyat dated 24.03.1964. That in the meantime Government again declared the khas land would he leased out among the people and the principal ...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ..

Category: Property Law | Date: | Hits: 48

Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)

....e Code of Criminal Procedure (Amendment) Act 1991 (Act XVI of 1991. Section 35 A reads thus: "35A. Term of imprisonment in cases where convicts are in custody.- Where a person is in custody at the time of his conviction and the offence for which he is convicted is not punishable with death or imp......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..

Category: Criminal Law | Date: | Hits: 77

Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)

....he Taxes Department, while the learned Advocate Mr. Hassan M.S. Azim along with the learned senior counsel Mr. A.J. Mohammed Ali, Advocate, represented the Assessee-Applicant before this court at the time of hearing. 6.Argument of the Parties: The learned senior counsel Mr. A.J. Mohammed Ali A......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....llowing BELA’s writ petition in part. Before embarking on exploration of the points raised at the Bar, I would like to discuss laws which are relevant for the disposal of the points agitated at the time of the leave granting order. The State Acquisition and Tenancy Act, 1950 The aim and......red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J. I agree with the reasoning and findings given by Syed Mahmud Hossain, J. Ed. This Case is also Reported in: ..

Category: Environmental Law | Date: | Hits: 434