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Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......y of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......has a right to get it from the latter, who owes it to the former, but this right is always a civil or statutory right to be enforceable in a Civil Court or a Labour Court or the like. In such a case, question of criminal liability does not arise at all.............................(8) Lawyers Invo..Category: Employment/Service Law | Date: | Hits: 238
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......opy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......by the Secretary, Ministry of Finance and others reported in 61DLR (AD) 92 as referred to by Mr. Goswami, the learned Advocate is not also applicable in the present case in our hand. Upon that case a question was raised whether section 47 of the Ain, 2003 can be given effect to any pending suit file..Category: Civil Law | Date: | Hits: 254
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......nt of Rule 66. But the amendment of Rule 66 was made on 28.7.2008.When this fact was brought to the notice of the learned Advocate of the petitioners by the affidavit-in-opposition of Respondent Nos. land 2, the petitioners filed an application for amendment which was allowed on 4.11.2009 without an...... prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....of Senior Assistant Judge, Brahmanbaria Sadar for declaration of Notice No.150 dated 28.5.84 passed by the opposite party No.1 as illegal and for further declaration and confirmation of his title and possession in the suit land. 3. The case of the plaintiff in short is that the suit land original......ge, Brahmanbaria Sadar for declaration of Notice No.150 dated 28.5.84 passed by the opposite party No.1 as illegal and for further declaration and confirmation of his title and possession in the suit land. 3. The case of the plaintiff in short is that the suit land originally belonged, to Sharat ......issioner, Brahmanbaria and others....................Opposite parties Judgment August 28, 2007. Result: The Rule is made absolute. The law of enemy property died with the repeal of Ordinance No.1 of 1969 on 23.3.74 and no further vested property case can be started thereafter on the ......ned Advocate appearing on behalf of the petitioner and perused the revisional application along with other materials on record. It appears that the plaintiff claimed that he purchased the property in question from Raj Kumar, who became the owner of the property on the death of his father Basanta Kum..Category: Property Law | Date: | Hits: 155
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ......manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ...... same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ......ollick contained no mention about price of the Truck No Dhaka Metro TA-16, but he admits that Blue Book Road Licence of the Truck were filed by the petitioner A. Aziz Mollick and as such the Truck in question may be released in the Jimma of the petitioner pending decision as to the ownership of the ..Category: Procedural Law | Date: | Hits: 194
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......went to the bank of river Jamuna along with the accused persons who showed the place of killing. Then on further search, the dead body of informant’s son was found in a floating condition near an island at a distance of 3½ kilometer from the place of killing. The dead body of the victim 3 Rafiq w...... this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ...... State Vs. Abul Kalam Azad and others, 8 BLC 464. 31. The trial Court rightly convicted the appellants after considering the evidence on record. The learned advocate for the appellants raised a question about recording G.D. Entry dated 02.01.1994 (Exhibit-15). According to him that G.D entry s..Category: Criminal Law | Date: | Hits: 170
....eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
......eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
......e petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
......- For the Respondents.
Writ Petition No.6992 of 2005.
with
Writ Petition No.4663 of 2005.
Judgment
SM Emdadul Hoque J.- In these 2 (two) Writ petitions, similar facts and common question of law having been involved, those are heard analogously and are being disposed of by this ..
Category: Fiscal/Taxation Law | Date: | Hits: 220
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....ality of an order of restoration of a suit earlier decreed ex parte, fitness of things requires an extensive treatment of the plaint. 3. The suit is for declaration of title and recovery of khas possession of 5.18 acre land described in schedule "B" of the plaint which forms part of 7.25 acre l......toration of a suit earlier decreed ex parte, fitness of things requires an extensive treatment of the plaint. 3. The suit is for declaration of title and recovery of khas possession of 5.18 acre land described in schedule "B" of the plaint which forms part of 7.25 acre land in Mouza Sahar Dhaka......nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......istant Attorney-General - For the Opposite Party No.1. Civil Revision No.3266 of 2008. Judgment Md. Moazzam Husain J.- This rule was issued at the instance of the plaintiffs calling in question the Judgment and order dated 11.3.2008 passed by the joint district judge, 3rd Court, Dhaka..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......s that the issuing date of notice must not exceed 15 (Fifteen) days and notice can very well be given 7(Seven) days time and since no breach of the provision of law is manifestly initiated notice the question of quashing the proceeding on the point of giving notice demanded payment of amount within ..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......, it was an illegality and objection having been filed in Court, although after period of limitation, but when the arbitration itself suffers from many illegalities, the delay can be condoned. On the question of furnishing security submitted as claimed by the opposite party, the learned judge observ..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....e holder-Bank filed a written objection praying for dismissal of the aforesaid claim case, but the learned Judge of the Executing Court, without proper investigation into the claim of ownership and possession, allowed the Misc. Case and released the attached property of the auction sale by the imp......e claimants and in all other respects, as if they are party to a suit. Thus, it was incumbent upon the Court below to examine witness and admit documents in proof of the alleged claim on the disputed land after obtaining evidence, decision in this regard is necessary to be arrived at. 8. The Orde......isional Jurisdiction) Present: Khondker Musa Khaled J SH Md. Nurul Huda Jaigirdar J Bank of Small Industries & Commerce Bangladesh…………………..Petitioner Vs. Shahabuddin Ahmed……………………Opposite-Parties Judgment March 14, 2012. Result: The ru...... preferred. However, when it is apparent on the face of the record that gross illegality has been committed by the Court below, it must have to be rectified for ends of justice. 10. So far the question of limitation of the Execution Case is concerned, we hold the view that neither the particu..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
.... of land measuring 25.69 acres appertaining to several khatians of Mouza No.173 within Police Station Bagerhat belonged to him and his co-sharers by virtue of oral settlement from the landlord, taken possession of in the year 1353 B.S. and since then he and his co-sharers have been possessing the la...... before the Sub-Divisional Magistrate Bagerhat on 30.11.76 for drawing up a proceeding against the second party under section 145 of the Code of Criminal Procedure on the allegation that an area of land measuring 25.69 acres appertaining to several khatians of Mouza No.173 within Police Station Ba......own the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......s order would be that a party who is shown to be in possession at the date of the order is to be retained in possession and not to be dispossessed inviolation of Court's order by any party till the question of title is decided by a civil Court. The further effect of the order would be that the bur..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
....ment he had some interest in, or was possessed of, the property attached. Rule 60 provides that where upon investigation, the Court. is satisfied that such property when attached was not in the possession of the Judgment debtor, it shall make an order releasing the property. 8. In the case ....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......This Case is also Reported in:35 DLR (HCD) (1983) 77. ....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ..Category: Procedural Law | Date: | Hits: 146
Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)
....umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......D) (1983) 351. ......he Petitioner. No one – For the Respondent. Civil Order No.246 of 1383. Judgment Mustafa Kamal J.- This is an application u/s. 115(1) of the Code of Civil procedure calling into question the Judgment and decree dated 30 6.83 an 17.7.8.3 respectively passed by the learned Subo..Category: Property Law | Date: | Hits: 73
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......olitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......if the delivery of the goods is made not as a result of any dishonest inducement then no offence of cheating is committed. In a case of supply of goods on premise to pay its price the all important question to be determined is whether the intention not to pay the price was there when the promise w..Category: Criminal Law | Date: | Hits: 67
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....he detenue under section 54 Cr.P.C. on 22nd October, 1984 and thereafter submitted the report to the Chief Metropolitan Magistrate, Chittagong stating that for recovery of arms suspected to be in the possession of the detenue interrogation was necessary and accordingly made prayer for remanding the ......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......ult, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......R (AD) 1 it hasbeen held by the Appellate Division as follows:- "We are in agreement with the view of Supreme Court of Pakistan in Rowshan Bijaya Shawkat Ali Khan's case (18 DLR (SC) 214) on this question. We, therefore, find that an illegal order of detention can not continue by a subsequent ..Category: Criminal Law | Date: | Hits: 78
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....f time but an area of 17.35 acres appertaining to Khatian Nos.394, 113 and 92 of Mouza Kafrul remained unutilised, of which the petitioners claim to own an area 2,6097 acres. They also claim to be in possession of the lands by constructing homestead, sheds and structures and by exercising acts of ri...... 102 of the Constitution the petitioners seek issuance of Rule against the respondents directing them to show cause why Memo No.BD/LC/92‑28/95/43 dated 25‑1‑96 directing them to vacate the case land should not be declared to be illegal and without lawful authority. 2. The petitioners challe......tructures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......yet been received. 6. Mr. Abdul Hameed Chowdhury, the learned Advocate for the petitioner, submits that since the extension and development of the said airport was completed long ago, the lands in question were not used for the purpose it was acquired and still lying in occupation and possession ..Category: Property Law | Date: | Hits: 67
Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
....ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ......e Court of Assistant Judge, Nangolcot, Comilla under section 96 of the State Acquisition and Tenancy Act, 1950 impleading the preempted and others as opposite parties for pre-emption of 3 decimals of land described in the schedule of the application. 3. Eventually, on 24-7-2001 the Miscellaneous ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Amena Begum…………………………………………Petitioner Vs. Md. Ruhul Amin and others………………Opposite Parties Judgment November 26, 2008. Result: The ......nvolved: Md. Akteruzzaman, Advocate — For the Petitioner. No one appears — For the Opposite Parties. Civil Revision No.4733 of 2004. Judgment SM Ziaul Karim J. - This Rule calls in question the legality and propriety of the judgment and order dated 31-5-2004 passed by the learned ..Category: Procedural Law | Date: | Hits: 133
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......ssain, Advocate - For the Petitioner. Imam Hasan, Advocate - For respondent No.2. Writ Petition No.3811 of 2006. Judgment Zinat Ara J.- In this writ petition, the petitioner called in question the legality of the order No.18 dated 20-4-2006 passed by the learned Judge of the Artha Ri..Category: Civil Law | Date: | Hits: 176
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......er by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ...... petitioner, ( a class III employee), has every power to transfer him from one place to another as such the transfer order being passed under the statutory power of the Director General there is no question harassment of the petitioner. Relying on the case of Mujibur Rahman Vs. Government of Bangl..Category: Administrative Law | Date: | Hits: 455
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