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Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
.... the then Government of East Pakistan, Md. Jamiruddin constructed a semi-pucca tin shed house and had been residing therein; that he paid all ground rents and taxes of the Union Parishad; that on the prayer of the then DIT issued a clearance certificate on 21.07.1968 in faovur of him and he construc......l Wadud Bhuiyan, Senior Advocate with Md. Nurul Amin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos.1-3 and 6. Not represented- Respondent Nos. 4-5. Civil Petition for Leave to Appeal No. 96 of 2009. (From the judgment and order dated the 14th day of May, 2009 ......ooks is dispensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......ooks is dispensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846...Category: Property Law | Date: | Hits: 32
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....e question of injunction against construction in urban areas for the first time was considered in Ali Ahmed Vs. Rezia Begum and others, 1986 BLD 326 and a Division Bench of this Division rejected the prayer injunction on the following view: “In our view the nature and character of a suit land i...... of 2001 granting temporary injunction restraining them from continuing a construction work. 2. On 29-8-2001 opposite party No.1 as plaintiff instituted the suit against the appellants and another for a decree of partition of the suit land described in schedule-I for a separate share of his purch......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515...Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507....... case holding. This is the case land. This is contiguous to the land held by Mannan and lies next to his ‘baithakkhana’. This gave Mannan an occasion to file, almost 7 years later, an application for pre-emption of the case land and institute the Miscellaneous Case No. 4 of 1997. It was under se......d present their respective case. The learned Assistant Judge properly framed issues and tried them. He finally disposed of the case on merit. So, the learned Subordinate Judge, misdirected himself in remanding the case to the trial Court. He ought to have appreciated that a case cannot be remanded, ......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...Category: Property Law | Date: | Hits: 37
....at proposed amendment was contrary to the nature and character of the main suit.
5. Mr. Niaz Mahmud, learned Advocate for the plaintiff, submitted that the Court below erred in law in refusing the prayer for amendment on wrong assumption that the proposed amendment will result in change in the na......t
Md. Abdur Rashid J.- This Rule arises out of an order of the Third Court of Subordinate Judge at Chittagong dated 13‑8‑2000 passed in Other Suit No. 23 of 1999, which rejected an application for amendment of the plaint.
2. The plaintiff and defendant Nos. 2 and 3 are engaged in the busin......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
..
Category: Procedural Law | Date: | Hits: 60
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....Order. 9. In the support of the application, Mr. Ajmalul Hossain, learned Senior Counsel submits that in the revision application neither orders dated 29-8-2001 and 9-9-2001 rejecting the repeated prayers for stay or injunction were neither mentioned nor full and fair disclosure of the facts and ......r the Petitioners. Civil Order No. 5742 of 2001. Judgment Md. Abdur Rashid J. - This application at the instance of the decree holder is made under section 151 of the Code of Civil Procedure for recalling and/or vacating the direction given vide order dated 22-10-2001 by this Division in ab......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..Category: Civil Law | Date: | Hits: 125
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....the lease is for 30 years and accordingly correction need be made in the impugned judgment. 8. Mr. T.H. Khan, the learned Advocate for the respondent No.1 submitted that he has no objection on the prayer for correction as made by the learned Additional Attorney General so far relates to the perio......rit Petitions were heard analogously. 2. The Rule was issued in Writ Petition No.552 of 2003 calling upon the respondents to show cause as to why they should not be directed to take necessary step for registering the deed of permanent lease of 1.68 acres of khas land in favour of the petitioner. ......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505...Category: Property Law | Date: | Hits: 28
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....g a revision application under section 115 of the Code of Civil Procedure against order No. 17 dated 14-6-2001 passed by Subordinate Judge, Court No. 4 in Title Suit No. 296 of 2000, which rejected a prayer for stay of a family suit. 2. Short facts for disposal of the Rule are that on 12-10-2000 ......ision application under section 115 of the Code of Civil Procedure against order No. 17 dated 14-6-2001 passed by Subordinate Judge, Court No. 4 in Title Suit No. 296 of 2000, which rejected a prayer for stay of a family suit. 2. Short facts for disposal of the Rule are that on 12-10-2000 opposit......ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481.......ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481...Category: Family Law | Date: | Hits: 185
Angur Vs. State, 1988, 17 CLC (HCD)
.... S/o.L. Haji Barkatullah of Dighirpur P.S. Bajitpur Dist. Mymensingh is now in custody in this case and he made judicial confession implicating himself and others. The D.I.G., C.I.D. B/D Dhaka on the prayer of I/O of the case made him approver to give him tender of pardon during the trial of the cas......s Judge by his Judgment dated 29.6.85 found appellant Angur guilty of the offence punishable under sections 395/397 of the Penal Code and convicted and sentenced him to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of TK. 500/- in default, to suffer rigorous imprisonment f......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66...Category: Criminal Law | Date: | Hits: 42
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
.... The petitioner in his petition has stated in paragraph 17 that: "To the best of petitioner's knowledge the result has not yet been published in the Bangladesh Gazette." 14. And further in prayer (c) of the petition it is prayed: "Pending disposal of the Rule to restrain the respondent......hould not be declared to have been passed without lawful authority and of no legal effect. 2. Petitioner's case in short is that the petitioner along with other candidates contested the election for the office of Chairman of No. 4 Upper Kagabala Union Parishad held on 10.2.88 and 11.4.88. The p......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51..Category: Election Law | Date: | Hits: 104
Md. Jahangir Alam Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....pection of the pharmacy situated in the premises of Daudkandi Upazilla Health Complex on 19.04.2009 and also for other irregularities. As such, the petitioner by his letter dated 28.04.2009, made a prayer to allow him to run the pharmacy till the expiry of the period of contract but the writ-respo......etitioner. Md. Murad Reza, Additional Attorney General, instructed by Md. Mushfiqur Rahman Khan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-13. Civil Petition for Leave to Appeal No. 2446 of 2009. (From the judgment and order dated 17.11.2009 passed by the......e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649.......e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649...Category: Civil Law | Date: | Hits: 76
Abdul Khaleque Vs. Md. Nazim Uddin and another, 2010, 39 CLC (AD)
.... the defendant petitioner moved another petition under Order 6, Rule 5 of the Code of Civil Procedure for acceptance of further and better statement. The learned Assistant Judge rejected the said prayer by his order dated 13th February, 2007 on the reasonings that similar prayer was rejected ear......ar, Advocate-on-Record-For the Petitioner. Moinuddin, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents (Appeared-with the leave of the Court). Civil Petition for Leave to Appeal No. 1256 of 2009. (From the judgment and order dated 9.4.2009 passed by the H......ner is permitted to add additional grounds. The order of stay granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 647.......ner is permitted to add additional grounds. The order of stay granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 647...Category: Property Law | Date: | Hits: 33
Md. Nurul Islam Vs. Artho Rin Adalat and others, 2010, 39 CLC (AD)
....Division summarily rejected the petition on the ground that since there was no order of stay in the Writ Review Petition, the Artho Rin Court under Section 31 of the Ain was justified in refusing the prayer for stay of the further proceedings of the execution case. 4. Mr. S. N. Goswami, Advocat......Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. M. Khaled Ahmed, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent No.1. Civil Petition for Leave to Appeal No. 1626 of 2009. (From the judgment and order dated 02.08.2009 passed by the......he circumstances, we find no substance in the submission of the learned Advocate for the petitioner. As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642.......he circumstances, we find no substance in the submission of the learned Advocate for the petitioner. As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642...Category: Civil Law | Date: | Hits: 115
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....d by the Judge, Artha Rin Court Kishoregonj, in Artha Rin Case No. 27 of 1990, in allowing set off against the plaintiff. 2. The facts leading to the filing of this case, in brief, are that on the prayer made on behalf of Messers Sygol Brothers, the defendant No.1, a loan of Taka 8.00 lac was all......s of money towards liquidation of its loan liabilities from time to time but since 24-6-1986 did not make any repayment towards its loan. As such, the plaintiff bank was constrained to file this suit for recovery of Taka 16,45,750 as on February 1988, against defendants. The defendant No.1 contested......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458...Category: Civil Law | Date: | Hits: 79
Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)
....red from Barisal to any other competent Court outside the district of Barisal for a fair and impartial trial. 3. The learned Assistant Attorney-General appearing for the State strongly opposes the prayer for transfer of the case on the ground that in the absence of any allegation of bias in the l......eral — For the State. Criminal Miscellaneous Case No. 8044 of 2001. Judgment Gour Gopal Saha J. - This case arises out of an application under section 526 of the Code of Criminal Procedure for transfer of GR Case No. 133 of 1999, arising out of Mehendiganj PS Case No. 10(11) 99 under sect......he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457.......he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457...Category: Procedural Law | Date: | Hits: 61
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
.... is assessed to be Taka 5000. 19. The learned Advocate for the petitioner prays for a certificate that the case involves a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Report......999 (Annexure G to the petition) shall not be declared to have been made without any lawful authority and why the respondents shall not be directed to deliver the possession of 3 godowns belonging to former APC (Rally) Oil Mill located at Strand Road Chittagong under control and supervision of respo......a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453...Category: Property Law | Date: | Hits: 22
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....d the decision in the case of Hussain Mohammad Ershad Vs. State, reported in 45 DLR (AD) 48. 6. We have heard the matter at length and kept the same for judgment on 28-11-2000 on which date on the prayer of the learned Advocate for the petitioner, the matter was adjourned to 29-11-2000 for judgme......64): AIR 1969 Supreme Court 17(V56C—7); Abdul Gani vs. State 24 DLR 230(162); Hussain Mohammad Ershad vs. State, 45 DLR (AD) 48. Lawyers Involved: Md. Mahbub Ali with Reba Kaniz, Advocates— for the Petitioner (In Criminal Miscellaneous Case No. 6544 of 2000) Abdus Salam Mamun, Advocate ......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436...Category: Criminal Law | Date: | Hits: 62
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
.... stage provided the other requirements of the aforesaid provisions of law are fully complied with. In the instant case, as I have already stated, that there is no objection to the application and the prayer of the plaintiff under Order XXIII rule 1 of the Code of Civil Procedure by the defendant pet......the learned Additional District Judge, 3rd Court, Dhaka shall not be set aside or such order or further order or orders passed as to this Court may seem fit and proper. 2. The short facts relevant for the purpose of disposal of this Rule is that plaintiff-petitioner filed Title Suit No.337 of 198......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416...Category: Procedural Law | Date: | Hits: 83
....hed in the campus and all the devotees of the petitioner No. 2 were driven out from campus of the Dewanbagh Darbarsharif. Mr. Fazlul Karim has argued that since that time, the petitioner made several prayers to the District Authority and police authority for allowing him to enter into the campus but.......
Writ Petition No. 388 of 2002.
Judgment
Md. Hamidul Haque J. - This Rule was issued calling upon the respondents to show cause as to why they should not be directed to take necessary steps for peaceful entry of the petitioner and his devotees to his Dewanbagh Darbar Sharif to hold and arr......any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413.......any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413...
Category: Property Law | Date: | Hits: 25
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....amily should get other facilities. We expect that detenus who are in preventive detention should get more human treatment from the authority concerned. We have noticed in the confidential file that a prayer for giving Division to the detenu made. The authority may now consider his prayer. 16. In ......udgment Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and wit......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405...Category: Criminal Law | Date: | Hits: 60
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....was pending. On appeal Karachi High Court upheld the order of temporary injunction passed by the trial Court holding that the defendants cannot be allowed to take advantage of their own wrong and the prayer of injunction restraining infringement of trade mark is not to be refused merely because the ......ondent under Order XXXIX rules 1 and 2 CPC and also rejecting the application of the defendant filed under Order VII rule 11 CPC. 2. The plaintiff, the proprietor of Zakir Soap Factory, filed the aforesaid Title Suit No. 3 of 1999 praying for an order of permanent injunction restraining the defen......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394...Category: Intellectual Property Law | Date: | Hits: 200
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