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Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....the suit, which is pretty old by now. 4. The learned Joint District Judge, on hearing the contending parties, has been pleased by his impugned order dated 11‑9‑2002 to reject the petitioner's prayer for local investigation on the finding that there is no necessity for holding a local investi......‑9‑02 passed by the 1st. Court of Joint District Judge, Chittagong in Other Class Suit No. 48 of 1991 rejecting the petitioner's application under Order XXVI rule 9 of the Code of Civil Procedure for holding local investigation in the suit land. 2. Opposite party Nos. 1‑2 as plaintiffs inst......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149...Category: Property Law | Date: | Hits: 31
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
....not need to go through the trial of his suit as the matter in issue of title is directly and substantially in issue in the previous suit and the teamed Subordinate Judge erred in law in rejecting the prayer for stay, which has resulted in failure of justice. 7. In support he relies upon the decis......46 dated 14‑3‑2001 passed by the learned Subordinate Judge, Second Court at Sylhet in Title Suit No. 118 of 1999 which rejected an application made under section 10 of the Code. 2. Short facts for disposal of the Rule are, that the petitioners as plaintiff instituted Title Suit No. 67 of 1992...... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149....... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149...Category: Procedural Law | Date: | Hits: 65
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
....y copy of such evidence to the applicant until 1‑3‑2001 and they have forwarded the same on that very day i.e. on 21-03‑2001, when the applicant filed an application before the Registrar with a prayer for hearing on the matter as no evidence has been submitted within time, The learned Advocate...... 2000 filed by the appellant opposing the Trade Mark Application No.58082 dated 26‑11‑98 in class 30. 2. The respondent No. 1 filed Trade Mark Application No. 58082 on 26‑11‑98 in class 30 for registering the mark 'Banoful Toast' and after advertisement of the mark in the trade marks jour...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145....... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145...Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....hairman and Lipi forbade them to do so and made them beg pardon by holding ears. Thereafter Faruque and Mizan went back home and informed the matter to their relations. Subsequently, after the Magrib prayer accused Shahin, Faruque, Mod Mia, Abdu Mia, Jalil, Hashem, Pintu, Humayun, Khorshed, Kashem, ......DLR (AD) 117. Lawyers Involved: Golam Kibria, Deputy Attorney-General with Snigdha Huq, Assistant Attorney-General in support of the Reference. Dr. Abul Bashar, Advocate-State defence lawyer for the condemned prisoner. AKM Fakhrul Islam-For the appellant in Criminal Appeal. Death Ref......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....the Secretary, Ministry of Information and the Chairman of BTRC for according permission for terrestrial and satellite transmission in favour of the petitioner company. Similarly, he also submitted a prayer to the Prime Minister dated 23‑2‑2003 for her kind and sympathetic consideration over the......a sensational legal battle in Writ Petition being No. 5050 of 2001 filed in the manner of a Public Interest Litigation challenging the licensing agreement dated 9‑3‑1999 between the Ministry of Information and Mr. AS Mahmud, former Chairman of ETV Limited. A Division Bench of the High Court Divi......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91...Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
.... notice issued, opposite party No. 2 the umpire filed the award in Court on 9‑5‑200 1. On 26‑6‑2001 the petitioner appeared and prayed for time to file written objection to the award. On such prayer the Court fixed the matter on 5‑8‑2001 for filing bank guarantee along with objection. On......cted an objection to the award filed in Court. 2. It is stated that on 29‑11‑2000 opposite party No. 1 made an application under section 14(2) read with section 17 of the Arbitration Act, 1940 for an order directing upon the Umpire to file his award dated 22‑8‑2000 in Court. The applicati...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ..Category: Alternative Dispute Resolution | Date: | Hits: 161
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
.... under section 115 of the Code of Civil Procedure against order No. 10 dated 8‑10‑2001 passed by Joint District Judge, Court No. 1 at Gazipur in Miscellaneous Case No. 26 of 2001, which allowed a prayer for inspection of the suit land. 2. Opposite party as plaintiff on 8‑8‑2001 instituted......section 115 of the Code of Civil Procedure against order No. 10 dated 8‑10‑2001 passed by Joint District Judge, Court No. 1 at Gazipur in Miscellaneous Case No. 26 of 2001, which allowed a prayer for inspection of the suit land. 2. Opposite party as plaintiff on 8‑8‑2001 instituted Title ......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ..Category: Property Law | Date: | Hits: 26
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
....s DW 1 and also exhibited certain document in support of the case. Thereafter, the defendant No. 1 filed an application on 8‑2‑2000 under Order 1, rule 10(2) of the Code of Civil Procedure with a prayer to add Dhaka City Corporation as a defendant in the suit on the ground that the suit land bel......not be set aside. 2. The petitioner as plaintiff instituted Title Suit No. 49 of 1998 in the Court of the Assistant Judge, 6th Court, Dhaka impleading the Opposite Party No. 1 as defendant praying for a decree for ejectment of the said defendant from the suit premises. The suit was subsequently t...... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ...... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ..Category: Tenancy Law | Date: | Hits: 171
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....wer appellate court failed to appreciate that the suit itself for a declaratory decree as to the illegality of the order dated 19.09.1981 for termination of the plaintiff from his service without any prayer for consequential relief was not maintainable in law in view of Section 42 of Specific Relief......ging the rule. 2. The facts, in short, are that the respondent No.1 Syed Abedur Reza as plaintiff instituted Title Suit No.97 of 1982 in the 1st Court of Munsif (now Assistant Judge) Sadar, Sylhet for declaring that the termination of the job of the said plaintiff as Senior Assistant in Uttara Ba......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470...Category: Employment/Service Law | Date: | Hits: 95
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....tion by an order of the same day issued notices upon the respondents to show cause as to why an order of temporary injunction should not be granted as prayed for. The respondent Nos.1-4 contested the prayer for temporary injunction by filing a written objection refuting all material averments made i......-For the Petitioner. Abdul Baset Majumder, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-4. Not Represented-Respondent Nos.5-7. Civil Petition for Leave to Appeal No.1697 of 2009. (From the judgment and order dated 11.8.2009 passed by the H......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467.......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467...Category: Civil Law | Date: | Hits: 75
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....ent as Sub-Inspector of Food at different stations from 5th December, 1956 to 18th October, 1971, a direction may be given upon the appellants to consider his service financial benefits if he makes a prayer in that regard, so that the respondent would be able to get his attended benefits. 8. As s......if preserved, along with the particulars of his service period and secondly, whether in the absence of special circumstances determined by the government the respondent's continuous absence from duty for more than five years the Administrative Appellate Tribunal is justified, in treating him to be s......ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ......ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ..Category: Administrative Law | Date: | Hits: 229
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
....ppellant Reaz Sahid alias Milon is directed against an order dated 25-9-2000 recorded by Jananirapatta Bigna Shrishti Kari Aparadh Daman Tribunal, Dhaka in Jananirapatta Case No. 47 of 2000 rejecting prayer for bail of accused-appellant. Subsequently, the case has been renumbered as Jananirapatta ca......t Reaz Sahid alias Milon is directed against an order dated 25-9-2000 recorded by Jananirapatta Bigna Shrishti Kari Aparadh Daman Tribunal, Dhaka in Jananirapatta Case No. 47 of 2000 rejecting prayer for bail of accused-appellant. Subsequently, the case has been renumbered as Jananirapatta case No. ...... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385....... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385...Category: Criminal Law | Date: | Hits: 34
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
.... copies were furnished and kept with the record of this Court. 16. We are of the view that this is a new fact brought to our notice at the time of hearing of the Rule. The petitioners may make the prayer before the Metropolitan Session Court for ascertaining which of the statements were written b......rocedure which were filed by the prosecution in the Court of Metropolitan Sessions Judge Dhaka on 16-7-1999 in Metropolitan Sessions Case No.7 of 1999 should not be expunged. 2. The facts relevant for the purpose of disposal of the Rule are as follows: In the above case Mr. Abdul Kahar Akand w...... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ...... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ..Category: Criminal Law | Date: | Hits: 45
Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....he policy of the Government and Annexure-‘C’ is an application praying for releasing of land and Annexure-’D’ is a letter calling for the report from the Deputy Commissioner in respect of the prayer of the petitioner. 11. Thus it appears that there is nothing on record that any report was......d Advocate—For Respondent No.1. Writ Petition No. 2277 of 1996. Judgment Md. Abdul Matin J. - This Rule was issued calling upon the respondents to show cause as to why they should not perform the function of releasing the unused acquisitioned properties in LA Case No. 44 of 1959-60 not ......stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ......stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ..Category: Property Law | Date: | Hits: 28
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....the name of the father of accused Md. Salim. 14. PW 3 Jibana Khatoon, daughter-in-law of informant Abdul Bari, is an eye-witness to the occurrence. She stated in her evidence that after the Magrib prayer on 20-8-94 she was standing near the tube well to the north side of their house when she hear......ted 19-7-95 by the Sessions Judge, Feni in Sessions Case No. 24 of 1994 convicting accused appellant Md. Salim under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 5,000 in default, to suffer RI for a further period of 6 months. ......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359...Category: Criminal Law | Date: | Hits: 53
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
.... revision application under section 115 of the Code of Civil Procedure against an order dated 8-5-2000 passed by Subordinate Judge, 2nd Court at Noakhali in Title Suit No. 2 of 2000 which allowed the prayer of opposite party No. 1 for addition as a defendant in the suit. 2. Short facts for dispos......tion 115 of the Code of Civil Procedure against an order dated 8-5-2000 passed by Subordinate Judge, 2nd Court at Noakhali in Title Suit No. 2 of 2000 which allowed the prayer of opposite party No. 1 for addition as a defendant in the suit. 2. Short facts for disposal of the Rule are that the pet......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ..Category: Property Law | Date: | Hits: 31
.... neither legal character nor right to get the allotment in question.
10. P.W.1 deposed that the plaintiff Society applied for the allotment of the suit land in 1978; that the plaintiff renewed the prayer on 30-4-81, that the defendant No.3 did not accept the prayer by the letter dated 29-7-81 and......it land measuring 1002 square yards is to the east of the plaintiffs said market and is described as ‘Car park’ in the master plan. Shop owners of the market have been using the suit land as such for the last 20/25 years. Plaintiff sought lease of the suit land for several times and lastly appli......) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
......) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
..
Category: Property Law | Date: | Hits: 72
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....51 of 1998. By an order date 8-6-99 the Rule was discharged by this Division. Thereafter, on 22-6-2000 the petitioners made another application under section 151 of the Code for striking out from the prayer for execution the prayer for possession by removal of huts and trees The decree-holders raise......n application under section 115 of the Code of Civil Procedure against order dated 10-9-2000 passed by Senior Assistant Judge at Sadar in Rangpur Other Execution Case No. 2 of 1997. 2. Short facts for disposal of the Rule are on 13-5-81 opposite party No.1 and the predecessor of opposite party No......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....id pray the learned Subordinate Judge fixed the next date on 1-3-93 for ex parte hearing. But on 1-3-93 the defendant/opposite parties again prayed for time and the petitioner having opposed the said prayer, the court disallowing the said prayer as heard the suit ex parte wherein the plaintiff exami......ate Judge, Artha Rin Adalat, Narayanganj in Bandhaki Case No. 93 of 1992 by which the ex parte decree passed on 16-3-93 in the said suit, was set aside. 2. The petitioner, as plaintiff, filed the aforesaid suit against the defendant opposite parties praying for realisation of Taka 1,29,51,161,40 ...... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340....... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340...Category: Civil Law | Date: | Hits: 93
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....ng in ST Case No.86/86 acquitting the accused respondents of charges under sections 148/302/34 of the Penal Code. 2. The prosecution case, briefly stated, is that at about 5-00 PM on 12-6-86 after prayer time victim Abdul Mabud Master was coming home from Kuddukhali Launch Ghat by ‘Ferdousi Roa......assaulting deceased Abdul Mabud Master. Abdul Mabud Master was then carried home a seriously injured condition and thereafter he was removed to hospital where he succumbed to his injuries The first information report was drafted on the dictation of victim Abdul Mabud Master When he was undergoing tr......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ..Category: Criminal Law | Date: | Hits: 76
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