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Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
....st Court of Settlement, Dhaka passed in Settlement Case No.362 of 1989 dismissing the case for non prosecution at the instance of respondent No.5 without discussing the matter on merit. 3. Short facts of the petitioners case are that the case property originally belonged to one Janaki Ballav Du......Case is also Reported in: 64 DLR (HCD) (2012) 378. ......following matters, namely:- (a) Summoning and enforcing the attendance of any person and examining him on oath; (b) Requiring the discovery and production of any document; (c) Requiring evidence on affidavit; (d) Requisitioning any public record or copy thereof from any office; and ..Category: Property Law | Date: | Hits: 66
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....ether notices/summons were properly served or not or whether the petitioner was a guarantor/ mere a shareholder of the borrower company or borrowed money from the bank or not are disputed question of facts and for which remedy lies in the Civil Court and, not under summary Writ Jurisdiction............... High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mir Niaz Mohammad……………………Petitioner Vs. Additional District Judge and others…………………….Respondents Judgment August 9, 2007. Result: The Rul......he respondent-bank, by filing an affidavit-in-opposition opposes the Rule. The learned Advocate in the course of his argument after placing the impugned Judgment and decree of the Bankruptcy Court as evidenced by "Annexure-B" to the writ petition relying on the decisions reported in 5 MLR (AD) 297, ..Category: Procedural Law | Date: | Hits: 114
.... Joint District Judge, 1st Court and Artha Rin Adalat, Feni in Execution Case No.3 of 1995 rejecting the application of the appellant under Order XXI Rule 90 of the Code of Civil Procedure.
2. The facts of the case in brief are that the respondent No.1 Bangladesh Shilpa Bank (BSB), Maijdi Branch,......Appellate Jurisdiction)
Present:
Sheikh Abdul Awal J
M. Moazzam Husain J
Awlad Hossain………………………Appellant
Vs.
Bangladesh Shilpa Bank (BSB), Maijdi Branch, Noakhali and others………………………Respondents
Judgment
April 29, 2010.
Result:
The ap...... provision of Order XXI, rule 84 of the Code of Civil Procedure person does not mean 1st bidder or highest bidder, it includes all the bidders.
9. Drawing our attention to order dated 28.8.2003 as evidenced by "Annexure-X" to the injunction petition Mr. Nur submits that boynama has been issued by..
Category: Civil Law | Date: | Hits: 145
Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)
.... concluded within 360 days from the date of receipt of the case but in this particular case more than 412 days have elapsed before the impugned order was passed. Having considered the facts and circumstances of the case and the relevant provisions of section 339C(4) of CrPC we find t......tate. Criminal Appeal No.1888 of 1994, Criminal Revision No.1504(R)1994. Judgment Md. Fazlul Haque J.- This appeal under section 30 of the Special Powers Act is directed against the Judgment and order dated 5‑10‑94 passed by the Special Tribunal No.3 Dhaka in Special Tribunal Case No.34...... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ..Category: Procedural Law | Date: | Hits: 72
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....Nos. 759 of 1993, and 760 of 1993 with Writ Petition Nos. 762 of 1993, 763 of 1993 and Writ Petition No.764 of 1993. Judgment Md. Mozammel Hoque J.- Since identical questions of facts as well as law are involved in these seven writ petitions, namely, Writ Petition Nos.757/1993,......This Case is also Reported in:48 DLR (HCD) (1996) 538. ...... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....র্মে বিবাদীগণের বিরুদ্ধে এক চিরস্থায়ী নিষেধাজ্ঞার ডিক্রী দিতে।” 4. Alleging similar facts the plaintiffs have also filed a petition under Order XXXIX, rule 1 and 2 read with section 15......gh Court Division (Civil Appellate Jurisdiction) Present: MA Hye J Md. Rezaul Hasan J Sonali Bank Limited……………………Defendant-Appellants Vs. Syed Shakhawat Hossain and others…………………………………Plaintiff-Respondents Judgment August 21, 201......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ..Category: Administrative Law | Date: | Hits: 212
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....Ain is to be followed before taking action under section 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ...... This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......Ain is to be followed before taking action under section 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ..Category: Civil Law | Date: | Hits: 159
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....o.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 21-4-2005 respondent No.1 Al-Arafah Islami Bank Ltd., Moulvi ......me Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J SM Ziaul Karim J Setara Begum.......................Petitioner Vs. Al-Arafah Islami Bank Ltd. and others ………………….Respondents Judgment November 20, 2008. Result: The Rul......ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ..Category: Civil Law | Date: | Hits: 139
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
....ed Joint District Judge, Fourth Court, Dhaka, in Title Suit No.281 of 2004 should not be set aside and/pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts leading to this Rule are that on 30-01-2002, opposite party Nos.1 and 2 as plaintiffs institut...... Jamuna Builders Ltd., represented by it's Managing Director, Md. Nurul Islam………………………………………………………Defendant No.22 Petitioner Vs. Abdul Barek Chowdhury and others………………………………………………………..Opposite parties Judgm......prayed for an adjournment as his engaged learned advocate was not in a position to cross-examine the witnesses for his personal difficulties but the Court below after rejecting the prayer, closed the evidence, fixing 17-04-2006 for argument. 5. On 17-04-2006 the petitioner filed two applications,..Category: Property Law | Date: | Hits: 58
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
.... Suit No.71 of 1992 instituted by the petitioner as plaintiffs for ejectment of licencees being the defendant-opposite parties from certain land. Earlier a Rule was issued on the matter. 3. The facts leading to the Rule are briefly stated below: Case of this plaintiff-petitioners is that a...... asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......tiffs, (3) the status of the defendants as licencees and (4) the relief prayed for and (5) other reliefs if any. 5. During trial both the plaintiff and defendant sides adduced oral and documentary evidence. On consideration of the evidence the trial Court decided that the plaintiffs have failed t..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......rds. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......ands? VI) Whether plaintiffs were entitled to the reliefs as prayed for? 7. During trial plaintiffs examined 3 P.Ws. and the defendants examined 2 D.Ws. and both the parties adduced documentary evidence which were marked exhibits in support of their respective case. 8. Trial Court hearing t..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....d under sub-section (2) of section 32 or for taking cognizance by the learned trial Court as contemplated under subsection (1) of section 32 of the Ami Corruption Act (the Act). 10. In view of the facts and circumstances of the case stated, we are mainly called upon to consider (1) as to whether ......o show cause as to why the proceedings of the said Special Case No. 3 of 2009 under section 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 shall not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. At......s no bar, as in the case under consideration, on interference under section 561A of the Criminal Procedure Code for deciding upon such question. But, when determination of such question would require evidence to be taken in the course of trial, then proper course is to leave such question for determ..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....point when the question is raised. 10. Mr. Santi Ranjan Karmaker, the learned Counsel appearing for the pre‑emptee‑opposite party, frankly concedes that the cited decision fully applies to the facts and circumstances of the present case and he has nothing to dispute the proposition of law lai......at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......Advocate further submits that since this question was never raised before the trial Court and no issue was framed thereon the petitioner did not get any opportunity to meet this objection by adducing evidence. The learned Advocate has drawn my attention to the affidavit duly sworn in by the pre‑em..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ...... ......pposite party Nos.3 to 5 proved and exhibited the kabala dated 23‑4‑59 as well as kabalas dated 5‑4‑86 including the rent receipts as Exhibits‑A to C(3). The trial Court on consideration of evidence on record decreed the suit on finding that the plaintiff‑petitioner purchased the suit la..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
.... 1995 staying the further proceeding of Title Execution Case Nos.6 and 7 of 1994 of that Court till disposal of First Miscellaneous Appeal No.244 of 1994 pending in the High Court Division. 2. The facts necessary for the disposal of this Rule are that the opposite party No.1, Kafiluddin Ahmed as ......This case is also Reported in:49 DLR (HCD) (1997) 569. ...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ..Category: Procedural Law | Date: | Hits: 69
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....le Appeal No. 47 of 1993 and decreeing the suit by reversing judgment and decree dated 1-12-1992 passed by learned Senior Assistant Judge, Noakhali, dismissing Title Suit No. 186 of 1991. 2. Short facts leading to this Rule are, that on 5-5-1991, predecessor of opposite party Nos. 1(a)- 1(e) and ......orted in: 61 DLR (HCD) (2009) 755. ...... Taher (plaintiff No. 1) who narrated the plaint's case, P.W. 2, Kala Mia son of late Munsur Ali, P.W. 3 Kala Mia son of late Sekander Hossain, P.W. 4 Md. Bazlul Hoq, were examined to corroborate the evidence of P.W. 1. They proved their documents which were exhibited and marked as Exhibits 1-5 Defe..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....ence on record both the Courts below allowed the miscellaneous case and that as such, this Court exercising power under section 115(1) of the Code should not interfere with the concurrent findings of facts arrived at by the Courts below. 12. Perused the judgments of the Courts below and the recor...... 27 BLD (HCD) (2007) 180. ......mptee No.2 examined 2.O. P.Ws. The pre-emptor adduced documents which were marked as Exhibit Nos.1-3 and the documents adduced by pre-emptee No.2 were marked as Exhibit A and B. 8. Considering the evidence on record, the trial Court allowed the miscellaneous Case. On an appeal therefrom at the in..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
....ceased Haider Ali went out from the house with the appellant on his call on 3.1.1995 as it has been found from the evidence of P.Ws.11 and 12. Therefore, the learned counsel submits that if these two facts are taken into consideration they manifestly suggest two distinct offences for which there sho......………………………………..Respondent Judgment November 28, 2006. Result: The appeal is allowed. Cases Referred to- State Vs. Azahar Gazi, 23 DLR 32; Abdul Aziz Vs. Sekandar Ali, 50 DLR 111; Siraj Vs. Crown, 9 DLR (FC) 177. State Vs. Khasru @ Syed Mostafa Hossain, 43 ......n witnesses it appears that the defence case is of innocence and that the accused-appellant has been falsely implicated in the instant case at the behest of his inimical quarter. After closing of the evidence the accused-appellant was examined under section 342 of the Code of Criminal Procedure wher..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......sion (CriminalRevisional Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mahmudul Islam Chowdhury…………………………Accused-Petitioner Vs. State and another………………………Opposite-Parties Judgment February 22, 2012. Result: ......to place his argument on the basis of the decisions given in a case Abdul Kader Chowdhury, reported in 28 DLR (AD) 28. He has categorically stated that this case as stands in absolutely lack of legal evidence; as such the very proceeding will be sheer abuse of the process of the Court causing unnece..Category: Procedural Law | Date: | Hits: 59
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....sued by the petitioners were dishonoured. Though in the petition of compliant the fact of payment of the remaining money i.e.Tk.24,33,315 is not expressly admitted, it can be easily inferred from the facts stated in the complaint that it was so paid. 10. So the question before us is whether, issu......d. Emdadul Huq J 1. Baby Masum, son of Ohidur Rahman Bhuiyan……………………….Petitioner 2. Abdul Kader alias Kader, son of late Abdul Jalil Both of partnership producer Messers Light and Sound 47 Bijoy Nagar (2nd Floor) Dhaka 1000……………………….Petitioner Vs. 1. B......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ..Category: Criminal Law | Date: | Hits: 66
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