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Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
.... written statement contending, inter alia, that the suit is not maintainable in its present form and that the plaintiff has got no possession in the suit property and the suit for partition without a prayer for khas possession is not maintainable. It is further alleged by the defendant petitioner in......ed 9-10-1995 passed by the learned Subordinate Judge, First Court, Faridpur, in Title Suit (Pre-emption Suit) No. 47 of 1978 rejecting the petitioners application under section 4 of the Partition Act for buying up the share of the plaintiff opposite party No. 1. 2. The opposite party No. 1 as pla......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606...Category: Administrative Law | Date: | Hits: 210
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....ve passed any order without lawful authority. In this view of the matter, we do not find any substance in the submission made by the learned Advocate for the petitioner regarding the rejection of the prayer made by the petitioner in the Application Annexure B calling for the two records. 7. There......he list of abandoned property/buildings and to restore/hand over its possession to the petitioner. The application was registered as Case No. 15 of 2000 on 9‑7‑2000. The case was thereafter fixed for hearing on 30‑8-Â2000 and on an application by the petitioner the date was shifted to 15‑10......e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196.......e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196...Category: Property Law | Date: | Hits: 59
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....led Miscellaneous Case No. 40 of 1986 for setting aside the ex parte decree but the said case was also dismissed on 22nd October, 1991 as being time barred. 3. Thereupon, the appellant renewed her prayer for mutation but she was informed that the property was already included in the list of abanÂ......of 1980, 408 of 1982 and 213 of 1985 from competent Civil Courts prior to the date of inclusion of the disÂputed property in the abandoned property list on 23rd September, 1986. 2. Facts relevant for the disposal of this appeal are that appellant entered into a contract for purchase of the dispu......e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ..Category: Property Law | Date: | Hits: 65
Korban (Md.) Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....-General Mr. Zaman Akhtar and MS Kamrun Nessa opposed the Rule. However, both of them conceded that no new grounds have been stated at the time of giving fresh detention to the detenu. As regards the prayer for compensatory cost to the detenu, both the learned Assistant Attorneys-General have argued......J.- This Rule was issued on the respondents to show cause as to calling up on the respondents to cause to why the detained Md. Shahid now being detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without a......f receipt of this order. The District Magistrate, Dhaka Mr. Md. Abdul Huq is directed to pay a compensatory cost of Taka 5,000 to the detenu. Ed. This Case is also Reported in: 55 DLR (2003) 194.......f receipt of this order. The District Magistrate, Dhaka Mr. Md. Abdul Huq is directed to pay a compensatory cost of Taka 5,000 to the detenu. Ed. This Case is also Reported in: 55 DLR (2003) 194...Category: Constitutional Law | Date: | Hits: 161
Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)
....n No. 3802 of 2005 making the Rule absolute reversing the judgment and order dated 16.05.2005 passed by the 2nd Court of Joint District Judge, Sirajganj in Miscellaneous Appeal No.14 of 2000 allowing prayer for preÂ-emption, thus, restoring the judgment and order dated 31.01.2000 passed by the Assi...... instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-124. Civil Petition for Leave to Appeal No. 1587 of 2009. (From the judgment and order dated the 18th day of May, 200......e above, we find no subÂstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......e above, we find no subÂstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006...Category: Property Law | Date: | Hits: 39
Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)
....nd of suit Khatian and the same was inherited by his heirs long before the disputed mortgage by Tanu Miah and auction purchase by Abdul Huq Bepari; that the suit for partition simplicitor without any prayer for declaraÂtion of title was not maintainable. 5. It appears that Tanu Miah was the owne...... Judgment January 6, 2010. Lawyers Involved: Md. Ibrahim Khalil, Advocate-on-Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 290 of 2009. (From the judgment and order dated the 15th day of December,......, we find no subÂstance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 998......., we find no subÂstance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 998...Category: Property Law | Date: | Hits: 47
....e to some unfavorÂable circumstances the writ-petitioner could not repay the loan as per stipulations and requested the banks to allow it to make payment installments and the bank also accepted that prayer and made an agreement, but subsequently, without complying with that agreement the bank on 08......te-on-Record-For the Petitioner.
Shameen Khaled Ahmed, Advocate instructed by Abu Siddique, Advocate-on-Record-For Respondent Nos.1 and 2.
Not repÂresented- Respondent No. 3.
Civil Petition for Leave to Appeal No. 440 of 2008.
(From the judgment and order dated the 27th day of January, ...... the above, we find no subÂstance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 995....... the above, we find no subÂstance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 995...
Category: Banking Law | Date: | Hits: 191
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....C.P.C. under this provision a plaintiff ought to be given such relief as he is entitled to get on the facts established upon the evidence in the case even if the plaintiff does not contain a specific prayer for the relief. The judgment of the Court of appeal below is not only based upon misreading a......structÂed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Mozaffar Hossain, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 382 of 2009. (From the judgment and order dated 27.10.2008 passed by the ......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ..Category: Property Law | Date: | Hits: 32
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....7th August, 1992 and thereÂafter the suit was fixed for perempÂtory hearing 22nd April 1995. On 16th July, 1995 the plaintiff filed an application for recording his eviÂdence on commission and the prayer was allowed on 22nd July, 1995. The Advocate Commissioner thereupon submitted commission repo......ment January 11, 2010. Lawyers Involved: Ziaul Hasan, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1835 of 2009. (From the judgment and order dated 22.01.2009 passed by the......ived at by the High Court Division is an accorÂdance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931.......ived at by the High Court Division is an accorÂdance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931...Category: Civil Law | Date: | Hits: 63
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....proper assessment of the evidence on record came to a wrong and erroneous finding in dismissing the suit of the plaintiff. The learned Counsel further submits that it is a suit for declaration with a prayer for recovery of khas possession. Admittedly the plaintiff No.2 purchased 4½ kathas of land o......iffs filed Title Suit No.276 of 1981 in the First Court of Subordinate Judge, Dhaka (which transferred to 4th Court of Subordinate Judge and Artha Rin Adalat re-numbered as Title Suit No.244 of 1992) for declaration of title and recovery of khas possession of the following land of “Schedule â......e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ..Category: Property Law | Date: | Hits: 39
Alauddin Vs. State, 1999, 28 CLC (HCD)
....on for sending the case record to the Senior Special Tribunal for taking cognizance against the accused petitioner under section 4 of the Cruelty to Woman (Deterrent Punishment) Ordinance, 1983. That prayer was rejected by the learned Additional District Magistrate and thereafter the prosecution fil......ons 366/379 of the Penal Code and as such, the case was being tried by Additional District Magistrate, while the trial was going on at one stage, an application was filed on behalf of the prosecution for sending the case record to the Senior Special Tribunal for taking cognizance against the accused......not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ..Category: Criminal Law | Date: | Hits: 29
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....ayedur Rahman, District Judge, Bogra in Misc. Appeal No.10 of 1986 affirming those dated 29.1.86 passed by Mr. Ahammed Jamil Mostafa, Subordinate Judge, Bogra in O.C. Suit No.377 of 1985 refusing the prayer for temporary injunction. 2. Short facts giving rise to this Rule may be stated as follows......Rahman, District Judge, Bogra in Misc. Appeal No.10 of 1986 affirming those dated 29.1.86 passed by Mr. Ahammed Jamil Mostafa, Subordinate Judge, Bogra in O.C. Suit No.377 of 1985 refusing the prayer for temporary injunction. 2. Short facts giving rise to this Rule may be stated as follows:— ......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grantÂed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grantÂed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151...Category: Procedural Law | Date: | Hits: 80
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....tted a copy of the plaint and written statement and these are in the file. 13. The title of the plaint shows that it is a suit for mandatory injunction and the suit was valued at Tk. 300/-. In the prayer portion of the plaint, however, there is a prayer, "(a) to pass a decree of mandatory injunct......ohrab Ali J.- This Rule is directed against an order dated 2.9.84 passed by the Munsif, 4th Court, Narayanganj, in Title Suit No.166 of 1983. The learned Munsif by this order held: "This is a suit for mandatory injunction and the relief sought for by way of mandatory inÂjunction has got no marke......ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ..Category: Civil Law | Date: | Hits: 159
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....learned Sessions Judge, Dhaka in Criminal Revision No. 167 of 1987 which was adÂmitted for hearing, but by an elaborate order dated 3.5.87 the learned Sessions Judge, Dhaka was pleased to reject the prayer for stay of the order passed by the Chief Metropolitan Magistrate on 12.4.87. 5. Ultimatel......e Code of Criminal Procedure should not be quashed or such other or further order or orders as to this Court may seem fit and proper. 2. The petitioners as 1st Party made a petition of complaint before the Chief Metropolitan MagisÂtrate, Dhaka on 25.3.87 for drawing up the aforesaid proceeding u......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..Category: Criminal Law | Date: | Hits: 32
.... substance in this Rule. It is accordingly discharged. The order of stay granted earlier is hereby vacated but in the facts and circumstances of the case there will be no order as to costs.
On the prayer of the learned Advocate for the petitioner for him to apply for leave before the Appellate Di......d by the learned Munsif, 1st Court, Dhaka in Title Suit No. 586 of 1983.
2. Facts in short are that the opposite party, Md. Maftabuddin Chowdhury instituted a suit being Title Suit No. 586 of 1983 for ejectment of a tenant alleging, inter alia, that the defendant, namely, Messrs National Tubercul......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103...
Category: Property Law | Date: | Hits: 28
Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
....ven charge of the Office of Chairman after removing the petitioner temporarily. Said Nurul Huq wanted to be added in the writ petition and the High Court Division by order dated 5.11.2009 allowed the prayer for addition of Nurul Huq as a party. 4. The respondent No.5 contested the rule by filing ......Advocate-on-Record-For the Petitioners. Abul Kalam Mainuddin, Advocate Instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2309 of 2009. (From the judgment and order dated 11.11.2009 passed by the...... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ...... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ..Category: Election Law | Date: | Hits: 96
Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....it-land and the adjoining market, under the provisions of Hats and Bazars Ordinance, 1959. Challenging the legaliÂty of the said Order dated 23. 10.1976, the plaintiffs filed the present suit with a prayer for recovery of khas possession in 1984. The learned Subordinate Judge, after hearing, decree......itioners. Md. Nawab Ali, Advocate on Record-For the Respondents. Civil Review Petition No. 59 of 2009. (From the Judgment and order dated 04.02.2009 passed by this Division in Civil Petition for Leave to Appeal No.303 of 2007) Judgment ABM Khairul Haque J. - This is a petition for rev......n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906...Category: Property Law | Date: | Hits: 33
State Vs. Masum and others, 2010, 39 CLC (AD)
....order dated 07.10.2009 passed by the Metropolitan Assistant Sessions Judge, 2nd Court, Dhaka as well as Metro Special Tribunal No.7, Dhaka in Metro Special Tribunal Case No.2945 of 2003 rejecting the prayer for bail of the accused-respondents arising out of Kafrul Police Station Case No. 26 dated 17...... Advocate-on-Record-For the Petitioner. Akter Hamid, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For Respondent No.1. Not repreÂsented- Respondent Nos.2-3. Criminal Petition for Leave to Appeal No. 31 of 2010. (From the judgment and order dated the 7th day of October, 20......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ..Category: Criminal Law | Date: | Hits: 47
....sue letter of consent within 60 days from getting such application, but in the instant case though a period of 05(five) months has already been expired the respondent Nos. 3-5 did not response to the prayer of the petitioner in any manner despite series of reminders. By denying to issue such letter ......un, Advocate-on-Record-For the Petitioners.
M. Faruque, Advocate instructed by Mr. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1.
Not represented- Respondent Nos. 2-4.
Civil Petition for Leave to Appeal No. 155 of 2010.
(From the judgment and order dated the 20th day of October, ......reparation of paper books is disÂpensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
......reparation of paper books is disÂpensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
..
Category: Others | Date: | Hits: 82
.... the Supreme Court to produce the papers relating to recommendation of the Honourable Chief Justice in connection with appointment of six Judges.
5. Learned Additional Attorney-General opposed the prayer on the ground that it was a privileged communication and most confidential. The Special Bench......res and unconstitutional.
2. Originally, Rule in Writ Petition No. 1543 of 2003 was obtained by Mr. Md. Idrisur Rahman, an Advocate of the Supreme Court, in Writ Petition No. 2975 of 2003 by three former Additional Judge, who were not confirmed and in Writ Petition No. 3217 of 2003 by Mr. Farhad ......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
..
Category: Constitutional Law | Date: | Hits: 252
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