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Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....r of present petitioner pursuant to the tender notice was accepted and that no one challenged the said tender before any Court of law. Therefore setting aside the tender of the petitioner without any prayer in Writ Petition No. 2172 of 2004 or in C.A. No. 175 of 2007 in C.P. No.290 of 2007 is errone......om the judgment and order dated 27.04.2009 passed by this Division in Civil Appeal No. 175 of 2007 along with Civil Petition No.290 of 2007.) Judgment Md. Abdul Matin J. - This review petition for leave to appeal is directed against the judgment and order dated 27.04.2009 passed by this Divis......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431...Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....by an affidavit praying for his examination on commission and the copy of the same was duly served on the learned Advocate of the contesting deÂfendants. The learned Munsif after hearing allowed the prayer and appointed a commissioner for recordÂing the evidence of the plaintiff on commission. It ......is that one Gopal Chandra Bhowmick instituted Title suit No. 83 of 1984 in the 3rd Court of Munsif, Comilla against one Suruj Miah, the predecessor-in-interest of oppoÂsite party No. 1-15 and others for declaration of right, title and interest of the plaintiff in the suit properties and also for de......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
State Vs. MA Monir & Others, 1987, 16 CLC (HCD)
....and the contemner No.4 is the Printer and publisher of the Daily Inquilab. 3. The contemner Nos. 2-4 filed an application for transfer of the contempt matter from Comilla Bench to Dhaka Bench. The prayer was allowed and that is how the matter remains to be disposed of by this Bench. 4. Service......Mustafa Kamal J. - This Rule of contempt was issued by the erstwhile Comilla Bench to which one of us was a party asking the four contemners to show cause why they shall not be convicted and punished for contempt of Court for writing, edition, printing and publishing a letter to the Editor captioned......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183...Category: Criminal Law | Date: | Hits: 35
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....dy under attachment beÂfore judgment. He has instituted a money execuÂtion case. When he left Jamalpur the position was that the suit properly could be sold in the execution case at any lime on the prayer of the bank. P.W. 2 Sk. Nowsher Ali had a perfect explanation both in respect of the loan and...... II of the Bangladesh Bar Council in Tribunal Case No. 4 of 1983, finding the appellant guilty of gross professional misconduct under Clause (1) of Article 32 of P.O. No.46 of 1972 and suspending him for a period of 8 years and debarring him from practising in any Court or authority in Bangladesh du......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....d have been produced as additional eviÂdence in the High Court Division itself whereupon the learned Advocate for the petitioners withdrew the said Civil Petition. The Appellate Division allowed the prayer for withdrawal and directed the certified copy of the judgment of the High Court Division to ...... the plaintiffs, Baser and then Yasin died as bachelors. Thereafter died Saiyad Banu leaving behind her husband and children deÂfendant Nos. 2 to 7. Meser was also unmarried and he remained untraced for over 40 years. He was preÂsumed to be dead. His share devolved upon his only surviving brother ......ke out any case for reception of addiÂtional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......ke out any case for reception of addiÂtional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy CommisÂsioner, Khulna & others, 1987, 16 CLC (HCD)
...., defendant No.2 treated the suit property as abandoned property which is illegal and mala fide. Hence the suit. 3. In that suit the Additional Deputy Commissioner, Khulna appeared and opposed the prayer for inÂjunction but the court was pleased to grant an ad-interim injunction on contest, wher......exchange. Both the brothers, Parimal Kumar Nag and Nirmal Kumar Nag, delivered to Shamsu Ghani and executed deed of exchange on 28.2.64 and 1.4.64 respectively. Shamsu Ghani was put in posÂsession before the registration. Shamsu Ghani thereÂafter mutated his name in the Khulna Municipality and sub...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..Category: Property Law | Date: | Hits: 36
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....at Dhaka in Miscellaneous Appeal No. 223 of 1996 affirming those dated 12-10-96 passed by Subordinate Judge, Fourth Court at Dhaka in Preemption Miscellaneous Case No. 28 of 1992 which disallowed the prayer for preemption. 2. The preemptor made an application under section 24 of the Non-Agric......a in Miscellaneous Appeal No. 223 of 1996 affirming those dated 12-10-96 passed by Subordinate Judge, Fourth Court at Dhaka in Preemption Miscellaneous Case No. 28 of 1992 which disallowed the prayer for preemption. 2. The preemptor made an application under section 24 of the Non-Agricultural......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..Category: Property Law | Date: | Hits: 39
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....e is a part and parcel of CS plot No.657 but the Advocate Commissioner quite wrongly reported that the disputed place is a common passage used by both the plaintiffs and the defendants; that the main prayer for local investigation was to ascertain whether the disputed place is within the of CS plot ......and another………………… Petitioners Vs. Shakhawat Hossain and others………………Opposite Parties Judgment May 22, 2001. Cases Referred To- Md. Abul Quasem vs. Md. Lutfor Rahman and another, 1990 BLD (AD) 3 = 43 DLR (AD) 17; Khandker Abdul Majid vs. Tarapada Dey, 51 ......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
....e has been ousted. But the learned advocate’s contention is that as the previous case under section 488 of the Code of Criminal Procedure still remains pending and the plaintiff even now can make a prayer under section 489 of the Code of Criminal Procedure in that case for enhancement of the maint...... dated 10-6-1999 passed by the Assistant Judge, 2nd Court, Dhaka, in Family Suit No. 140 of 1998 dismissing the suit. 2. The opposite party as plaintiff filed the above Family Suit No. 140 of 1998 for getting maintenance for her daughter from the defendant-respondent-petitioner. The case of the p...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175....... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175...Category: Family Law | Date: | Hits: 186
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....t till date, the respondents did not take any step to implement those judgments by mutating petitioner’s name in the records of right of the property in question in spite of petitioner’s repeated prayer and request. It may be mentioned here that in similar situations many other writ petitions we......st of the abandoned properties on 23-9-1986. Claiming title and possession in this property, the writ petitioner Wahidul Haque filed a case bearing No. 64/92 the 1st Court of Settlement Dhaka praying for release of the property from the list of abandoned property. The Settlement Court by its judgmen......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165.......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165...Category: Property Law | Date: | Hits: 38
....ver, at last on 16-8-98 when the date was fixed for ex parte hearing two officers of the defendant-petitioner appeared before the learned Sole Arbitrator and prayed for adjournment of hearing and the prayer was allowed and the ex parte hearing was adjourned. And, thereafter next adjournments were gr......itten objection in Title Suit No. 1 of 1999 (under section 14(2) of the Arbitration Act, 1940) to make opposite party No. 2’s award dated 19-9-1998 the Rule of the Court.
2. Short facts relevant for the purpose of disposal of this Rule are, that an agreement dated 12-11-1997 was executed betwee...... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161....... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161...
Category: Alternative Dispute Resolution | Date: | Hits: 196
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....of 1984, claiming dower and maintenance and ultimately obtained a decree therein on contest on 28-11-94 for an amount of Taka 10000.00 as dower and Taka 11,800.00 as maintenance. Subsequently, on the prayer of the petitioner judgment-debtor, the learned Family Court by his order dated 11-11-97 allow...... the order dated 5-2-98 passed by the Assistant Judge and Family Court, Kutubdia Sadar in Family Suit No.3 of 1994 rescheduling payment of the decretal dues by instalments. 2. Short facts relevant for the purpose of the case are that, the opposite party as plaintiff instituted a suit in the Court......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ..Category: Family Law | Date: | Hits: 155
M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)
.... Code of Civil Procedure and rejected the plaint of TS 194 of 2002 vide judgment dated 25-3-2003. 5. Being aggrieved, the plaintiff of TS 194 of 2002 as appellant preferred this FA 337 of 2003. On prayer by appellant Civil Rule No. 705(F)/2003 was issued calling upon the opposite party to show ca......s FA 337 of 2003 is preferred against judgment dated 25-3-2003 by Joint District Judge, 3rd Court Dhaka rejecting plaint of TS No. 194/2002 under Order VII, rule 11 of the Code of Civil Procedure and formal decree framed thereunder. 2. It is stated that Sonali Bank as plaintiff filed Civil Suit N......-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ......-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ..Category: Civil Law | Date: | Hits: 92
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....¦ƒà¦¤à¦¾à¦ƒ ২-৮-০৬ ইং 6. It appears from the cause title of the Rule petition that the accused persons were described written by hand and not typed as "present in Court". From the prayer portion of the said petition it appears that the accused petitioners prayed for "enlarge the ......5 DLR (WP) 93; State vs. Delwar Hossain 12 DLR 613. Lawyers involved: Rokanuddin Mahmud with Sheikh Hasan Arif, Advocates—For the Petitioners. MA Muntakim, Advocate—For the Informant-Opposite Party. Criminal Miscellaneous Case No. 9954 of 2006 with Criminal Miscellane......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..Category: Criminal Law | Date: | Hits: 97
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....and Highways.........................Petitioner Vs. Naderuzzaman and others............... Opposite Parties Judgment August 5, 2007. Result: The Rule is made absolute. Unless a prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code, the Court ......hways.........................Petitioner Vs. Naderuzzaman and others............... Opposite Parties Judgment August 5, 2007. Result: The Rule is made absolute. Unless a prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code, the Court will no......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....ly, restored. 35. In the result, we return the reference with our answer to the question in the negative and against the assessee and in favour of the Revenue Department with cost. The prayer of Mr. MA Noor for certificate to appeal to Appellate Division under section 162 of the Ordin......spondent assessee and restored that of the Deputy Commissioner of Taxes. 2. The assessee is a banking company and was accordingly incorporated in Bangladesh. It submitted its income tax return for the assessment year 1999-2000 claiming total income of Taka 31,03,352. Pursuant to notice under ......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... even after a lapse of more than one year from the date of issuance of the same the Adalat issued warrant of arrest on 22-6-04 against the petitioners under section 34(1) of the Ain upon allowing the prayer of the decree holder-Bank. Challenging the orders dated 9-6-03 and 22-6-04 respectively along......6-03 passed by the Adalat in Mortgage Execution Case No/35 of2002 transferring the same under the Ain, 2003 and renumbered as Artha Execution Case No. 693 of 2003. 3. Short facts, as are necessary for the purÂpose of disposal of this Rule, are that the respondent No. 3, Janata Bank, Laldighi Pur......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...Category: Constitutional Law | Date: | Hits: 168
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... the Adalat for peremptory hearing and by filing written statement sought time on its acceptability. On the same date the defendant petitioners also prayed for adjournment of hearing of the suit. The prayer was allowed by the Adalat and fixed 30-10-2004 for peremptory hearing. MeanÂwhile, the petit......ingle judgment. In Writ Petition No. 6579 of 2004 a Rule Nisi has been issued under Article 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date 1-10-2003, previously filed under the provisions of......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged withÂout any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged withÂout any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..Category: Others | Date: | Hits: 104
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....earned Subordinate Judge permitÂted to withdraw the suit. 14. There is no dispute whatsoever and the legal position is very much clear that without any formal defect or sufficient ground the prayer for withdrawal with permission to sue afresh cannot be allowed. It is now well settled as hel......ding to this Rule are that the petitioners as plaintiffs instituted the Other Class Suit No. 458 of 1976 in the Court of the Subordinate Judge, Dinajpur, impleading the opposite parties as defendants for declaration of title to the suit property. On transfer, the same was re-numbered as Title Suit N......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ..Category: Property Law | Date: | Hits: 23
AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)
....ter, the accused petitioner appeared and was enlarged on bail. Accused petitioner moved an application under section 241A of the Code of Criminal Procedure for discharge from prosecution but the said prayer was refused by the learned Magistrate. Thereafter, the accused petitioner moved this Court an......torney-General— For the State. Criminal Miscellaneous Case No. 15109 of 2005. Judgment Sharifuddin Chaklader J.- This Rule at the instance of the accused petitioner is directed for quashment of the proceedings of CR Case No. 2564 of 2005 filed under section 5(1)(Ga) of Smoking......pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ......pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ..Category: Health Law | Date: | Hits: 251
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