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Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......f the deceased has said that on 22.9.1991, in the night, when Hablu was found missing he came to learn from P.W.3 Shamsu that he saw Hablu with the appellant Mosharrof in Trimohoni Bazar after Magrib prayer. If that be so, this fact would surely find place in the G.D.E. made by Saiful Islam, son of ..Category: Criminal Law | Date: | Hits: 69
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ...... not. The genuineness of the alleged purchase deeds of the defendant‑petitioners is not so much relevant and important in the suit and as such the learned Subordinate Judge has rightly rejected the prayer of the defendant‑petitioners for examination of the thumb impression i.e. LTI of the defend..Category: Procedural Law | Date: | Hits: 84
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......2.4.84 but according to section 5 quoted above he ought to have asked for extension prior to the expiry of leave on 12.4.84. Further, even if his application for extension on 13.4.84 is accepted, his prayer for extended leave expired on 22.4.84 but he did not join his duty on that date. Thereby he a..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ......15(1) of the Code of Civil Procedure and is directed against an order being No.34 dated 16.3.89 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting the petitioner's prayers for admitting or receiving some documents in evidence and for amendment of the plaint. 2...Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....e further submits that as soon as the plaintiff was dismissed from service of the Bank on 11.3.86 the order of suspension automatically ceased to exist and the suit became infructuous and there is no alternative remedy and as such the learned Court was quite justified in returning the plaint on the ......s: ‑ The petitioner as plaintiff No. 2 along with 2 others namely, opposite Parties Nos. 4 and 5. Shamsul Arefin and Md. Mostafa as plaintiff Nos. 1 and 3 filed Title Suit No. 173 of 1984 with a prayer for declaration that the order dated 24.11.70 made by the Vice President of the United Bank L..Category: Administrative Law | Date: | Hits: 189
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......nvest money for which the defendant No. 1 entered into the contract to sell the suit properly was frustrated. Since the plaintiff avoided his obligations under the contract he was not entitled to the prayer for decree and the suit was liable to be dismissed. 5. The defendant No. 5 also contested ..Category: Civil Law | Date: | Hits: 92
M. Akbar Ali Vs. Government of Bangladesh, 2011, 40 CLC (AD)
...., we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ......e concerned local Member of Parliament, respondent No.8 submitted a proposal for an Ad-hoc Committee on 13.09.2009 for approval nominating respondent No.6 as President of the Ad-hoc Committee. In his prayer in the writ petition the petitioner sought a direction upon respondents No.2 and 3 to approve..Category: Others | Date: | Hits: 148
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......of Karamza and Sharisha Mouza inviting objection and suggestions, if any, regarding inclusion of those areas within Bera Paurashava. A large number of people of the area filed a representation with a prayer for inclusion of the area within Bera Paurashava. The UNO wrote to the DC on 06.09.2000 that ..Category: Election Law | Date: | Hits: 152
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......als placed before him took a view that the question of res judicata was irrelevant in the facts of the case and accordingly passed an order directing the issues to be framed, purporting to refuse the prayer of the defendant. Being aggrieved the petitioners who were in the meantime substituted in pla..Category: Property Law | Date: | Hits: 80
Dulal and others Vs. State, 1990, 19 CLC (HCD)
....s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ......te granted them bail without any legal authority. In this connection it may be pointed out that after the appeals of the petitioners were dismissed, the Appellate Court could grant them bail on their prayer under section 426 of the Code of Criminal Procedure, but the Magistrate had no authority or j..Category: Criminal Law | Date: | Hits: 60
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....hese defendants the said property was de‑requisitioned but even after that defendants did not get possession because the original allottee namely the Circle Officer, Development, was to be given an alternative accommodation. Thereafter all on a sudden the SDO, Pirojpur went to the suit property ta......y the defendants apologised to the plaintiff by expressing regret and requested the plaintiff to compound the case to which the plaintiff agreed and the case was accordingly disposed of on 10.9.69 on prayer of both parties. Even after the disposal of that case the defendants who had litigation with ..Category: Civil Law | Date: | Hits: 89
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
....amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ......to, furnished 42 names claiming them to be co‑sharers in the disputed holding on behalf of the pre‑emptors an application was subsequently made seeking exemption from adding the said persons. The prayer was allowed. After a lapse of about 5 months, the pre‑emptors made a prayer for amendment o..Category: Procedural Law | Date: | Hits: 81
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312.......assed by another Bench of this Court in Criminal Miscellaneous case No. 34 of 1991 on 21.1.91. Considering the above facts and circumstances of the case and the legal position discussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is mad..Category: Criminal Law | Date: | Hits: 61
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301.......then the petitioner did not provide her or the child any maintenance and as such, she filed a suit before the Family Court for past maintenance for herself and the child. The Family Court allowed the prayer of the opposite party and decreed the suit for past maintenance from 5th Magh, 1381 BS @ Tk. ..Category: Family Law | Date: | Hits: 253
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297....... witnesses in the aforesaid suits and it was found that some material documents produced by the petitioner were not marked as Exhibits. Thereupon on 28.3.90 the petitioner filed an application with a prayer that his documents namely, the insurance policy, bonus savings certificates, the four letters..Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......ীর্বীত করনের পদক্ষেপ গ্রহণ করিতে পারেন।” 3. Therefore the two accused petitioners have come up with this application with the prayer that this Court should modify the said order dated 6.8.89 passed by the Divisional Special Ju..Category: Criminal Law | Date: | Hits: 63
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......he Court. The plaintiff opposite parties then again on 4.9.89 filed another application under Order 6, rule 17 of the Code of Civil Procedure for further amendment of the plaint for addition of a new prayer in respect of cause of action of the suit. In spite of objection from the side of the present..
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......nd others by in order dated 15‑1‑88. 3. Being aggrieved, the petitioner filed the above Criminal Revision No. 8 of 1988 before the learned Sessions Judge who by the impugned order rejected the prayer for referring the case to this Court. The petitioner then obtained the present Rule. 4. Mr..Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....ng on 4‑12‑76. (3) the learned District Judge finds fault with the learned Munsif for not assessing the evidence of OPWs 2‑6 Properly, but he himself has not assessed their evidence at all. The alternative story set up by the OPs that the petitioner had knowledge of the sale from the beginning......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276...Category: Property Law | Date: | Hits: 78
....formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......performance of contract should be inserted after the 'words "suit for declaration" in the cause title of' the plaint. Thereafter another paragraph to be added as paragraph 10(a) in the plaint. In the prayer portion after prayer No. (a) following new prayer may be added,
"(aa) to pass a decree for..
Category: Property Law | Date: | Hits: 73
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