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Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....g Officer, Presiding Officer, Hon'ble Speaker and the Election Commissioner as parties to the election petition. The petitioner also in violation in Article 51 of the People's Order 1972 made several prayers in the Election Petition but according to Article 51(2), the petitioner can claim any of the......- By this application under Article 58(a) of the Representation of the People Order No. 155 of 1972 (PO 155 of 72) the petitioner Dr. Alauddin Ahmed, respondent No. 4 of this election petition, prays for dismissal of the election petition No. 2 of 2001 pending before this Court stating, inter alia, ......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....ree) points before me. Firstly, he submits that there being no prescribed time limit for filing and deciding the partition suit the learned Assistant Judge, committed an error of law in rejecting the prayer for amendment under Order VI rule 17 of the Code of Civil Procedure inasmuch as the purpose o......hile considering its judgment, if any, ambiguity or omission is noticed. The power can be exercised suo motu and also at the instance of a party………………………….(13) A suit for partition remains pending till passing of the final decree. There would be obviously no bar to t......oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ..Category: Property Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
....to the Court the whole truth, but now they are willing to give the truth to the Court. 6. The Nari‑o‑Shishu Nirjatan Daman Tribunal, Rangpur by his impugned order dated 10-7‑2002 allowed the prayer under section 540 Cr.P.C. without assigning any reason whatsoever. 7. Being aggrieved by t......t of an order dated 10‑7‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Tribunal, Rangpur in Nari‑o‑Shishu Nirjatan Daman Case No. 455 of 2001, allowing an application by the prosecution for re‑calling 6, witnesses already examined and discharged by the Court. 2. The prosecution ca...... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ...... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ..Category: Criminal Law | Date: | Hits: 37
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
....presence. He further stated that the bags were not in Court on that day. He further stated that the word "Phensidyl" was written on the body of the bottles. 20. PW 7 Shujan stated that after Jumma prayer while he was at bazaar the occurrence took place. He got the news that a man was caught with ......ed 19‑4‑1999 passed by the Special Tribunal No. 1, Narshingdi, in Special Tribunal Case No. 40 of 1998 convicting and sentencing the appellant under section 25B(2) of the Special Powers Act, 1974 for a period of 5 years and to pay a fine of Taka 1000 in default to suffer RI for 3 months more. ...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ..Category: Criminal Law | Date: | Hits: 43
.... Public Prosecutor instead of Public Prosecutor Mr. Altaf Hossain. Since the learned Advocate Mr. Abdul Baset Majumder, Mr. Abu Sayeed Sagor and Chowdhury Sanwar Ali appeared in Court and opposed the prayer for bail being appointed by the informant party they should not act as Public Prosecutor or s......of the Supreme Court of Bangladesh. He was appointed as Special Prosecutor in pursuance of the order dated 8-5-97 passed by the Appellate Division of the Supreme Court of Bangladesh in Civil Petition for Leave to Appeal No.350 of 1997. In compliance of the said order the petitioner along with anothe......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
....ed house and that the case house originally belonged to Begum Nessa Bibi who sold the same to Ali Akbar their predecessor, in which they are in possession. From the judgment, it also appears that the prayer of the petitioner for amendment of the petition dated 7-9-97 for reading the name of the vend...... they are paying rent to the government. While they were living peacefully in the case land a notice was served upon their predecessor on 22-12-82 who after receipt of the notice filed an objection before the respondent No.3. Respondent No.3 by its letter dated 3-1-83 rejected the objection filed by......f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67...
Category: Property Law | Date: | Hits: 28
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....the matter, the Rule is discharged for non-prosecution so far as these 7 petitioners and other excluded candidates except the aforesaid five petitioners. In the circumstances, we have to consider the prayer of the petitioner Nos. 3, 6, 7, 8 and 11. It appears that all these five petitioners in respo......64 Cal 265, 272; Shearer vs. Shield 1914AC 808; Dr. Nurul Islam vs. Bangladesh 1981 BLD (AD) 140 = 33 DLR (AD) 201; Mansurul Aziz and another vs. Secretary, Ministry of Land Administration and Land Reforms and others 1981 BLD (AD) 75; Khondker Moshtaque Ahmed vs. Bangladesh 1982 BLD (AD) 39 =34 DLR ...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... they cannot claim alternative plots as of right. The petitioner must first establish their right before invoking Article 27 of the Constitution. 12. Having examined the Rule issuing order and the prayer made in the writ petition it appears that the petitioners sought for a direction upon the res......he respondents to show cause as to why they should not be directed to refrain from transacting any business on the provisional list Annexure D, pending disposal of the applications of the petitioners for rehabilitation plots of Mouza Bailjuree corresponding to Sector 11 of the Uttara Residential Mod......petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178...Category: Property Law | Date: | Hits: 34
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....e the suit on the assumption that the pathway was not sufficiently identifiable. 14. He also submitted that even in the deed of defendant No. 5 existence of the pathway was stated and on the prayer of the plaintiff for admission of a copy of said deed of defendant No. 5 was allowed by this ......um Saheda Nur……………………..Opposite-Parties Judgment February 15, 2007. Result: The Rule is made absolute Right to easement If a pathway is used for egress and ingress from his (her) land by anybody for more than twenty years as an easement, nob......er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ..Category: Property Law | Date: | Hits: 30
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....ment for 7 (seven) months. After recovery from illness he by a letter dated 22-3-1990 requested the defendant No.4 to cancel his transfer order but the defendant No. 4 instead of considering his such prayer by a memo dated 3-4-1990 asked him to join in his new place of posting in the Khulna Branch o......f, are that the opposite party No. 1 as a plaintiff filed Other Class Suit No. 196 of 1992 in the Court of the Senior Assistant Judge, Mymensingh Sadar in which the petitioner was the defendant No. 3 for declaration that the order of dismissal of the plaintiff-opposite party No.1 from the service vi...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....ubmits that admittedly the petitioner company took loan from the respondent bank. Hence, in default the bank in its turn has the right to recover the said dues in accordance with law. However, on the prayer of the petitioner-company the respondent bank has rescheduled the loan amount on a number o......respondent No. 2, Banking Division (Annexure E) and/or such other or further order or orders passed as to this court may seem fit and proper. 2. To appreciate the points that have been canvassed before us, it will be convenient to narrate briefly, the material fact in chronological order. 3. T......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ..Category: Civil Law | Date: | Hits: 133
Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
....e legality of the notice for auction sale of the properties of the petitioners, published in the Daily Jugantor on 20.07.2005 and all subsequent actions taken by the Eastern Bank Limited and on their prayer, a rule was issued upon the respondents and all further actions pursuant to the auction notic......n-Record-For the Petitioners. Not Represented-the Respondents. Civil Review Petition No. 82 of 2009. (From the Judgment and order dated 29.04.2009 passed by this Division in Civil Petition for Leave to Appeal No. 524 of 2009). Judgment ABM Khairul Haque J.- This is a petition for r......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185.......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185...Category: Civil Law | Date: | Hits: 85
....la was pending. It is stated that at that time the petitioner nevertheless apprehended that the respondent would at any time prevent the petitioner from so operating. This constituted the basis for a prayer to be made in this Application that along with the issuance of the Rule a direction be also m......
Salma Masud Chdwdhury J
Syed Refaat Ahmed J
MGH Infocomm Ltd......................................Petitioner
Vs.
Bangladesh, represented by Secretary, Ministry of Information....Respondent
Judgment
December 14, 2006.
Cases Referred To-
R......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131...
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....r section 24 of the Non Agricultural Tenancy Act, an application for amendment to that effect in the cause title of the application with consequential changes was made but the High Court rejected the prayer on the ground, inter alia, that the change sought to be made was not a mere change of one kin......plot by way of purchase. The pre-emptor has been owning and possessing the 0.20 acres by erecting houses thereon. Be that as it may, on 20-12-1998 the opposite party Nos. 2 and 3 transferred the aforementioned 0.15 acres to the pre-emptee-petitioners behind the back and without the knowledge of ......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....ng for the purpose of highrise eighteen-storied building, which was absolutely a personal business of the plaintiff. There is no nexus between the defendant and such expenditure. Subsequently, on the prayer of plaintiff dated 28-121992, the defendant by its office Memo No. RAJUK /Estate/1320 dated......Bank, 54 DLR 310. Syed Noor Md. Shah vs. Fakir Mohammad, PLD 1976 (Karachi 14). Lawyers involved: TH Khan. Senior Advocate with Md. Mosharraf Hossain Sarder and Md. Mainuddin, Advocates-for the Appellant. Abdur Razzaq, Senior Advocate with Mohammad Hossain, Advocate—For the Re......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
.... against judgment and order dated 8-7-2002 passed by Joint District Judge, Court No. 1 at Munshiganj in Miscellaneous Appeal No. 58 of 2000, which affirmed the order of the trial Court dismissing the prayer for preemption. 2. Petitioners made an application under section 96 of the State Acqui......id J Muktar Hossain and others……. Petitioners Vs. A Matin Sarker and others……. Opposite-Parties Judgment January 29, 2007. Lawyers involved: Jafor Alim Khan, Advocate—For the Petitioner. Not Represented—the Opposite Parties. ...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ..Category: Property Law | Date: | Hits: 27
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....y stated in the written statement and therefore some mistakes are necessary to be amended in the interest of justice otherwise, he will suffer irreparable loss and injury. 5. Plaintiff opposed the prayer for amendment of the written statement on the grounds firstly, that after being examined by......f defendant-petitioner is directed against the order No. 83 dated 29-7-2003 passed by the learned Joint District Judge, 2nd Court, Chittagong in partition suit No. 89 of 1996 allowing the application for additional statement and an application for amendment of written statement filed by the defend......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ..Category: Property Law | Date: | Hits: 42
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....ed the facts and circumstances of the case, we find merit in the submissions advanced by their learned Counsels for both sides. The learned Judge of the trial Court will be at liberty to consider the prayer for bail on merit. 39. In the result, all appeals are allowed. The impugned judgment and o......ibunal Case No. 54 of 2003 convicting the appellants under section 9(3) of Nari-o-Shisu Nirjatan Daman Ain, 2000 (hereinafter referred as Ain, 2000) and sentencing each of them to suffer imprisonment for life and also to pay fine of Taka 1,00,000. 2. All these appeals having arisen out of a commo......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ..Category: Criminal Law | Date: | Hits: 33
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....ported in 1 BLC (AD) 40. 14. The point of determination is, whether the petitioner was prevented by sufficient cause from not appearing in the Court in order to face the trial and whether the prayer for condonation of delay is likely to be allowed. 15. In the instant case it is an ad......he State. Criminal Rule No. 175(R) of 2005. Judgment Siddiqur Rahman Miah J.- This Rule has arisen out of an appeal filed under section 10 of the Criminal Law Amendment Act, 1958 for condonation of delay of 4132 days in filing the appeal which is directed against the judgment an......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ..Category: Criminal Law | Date: | Hits: 31
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
....over charge of the office of the Chairman No. 3 Fulbari Union Parishad. The Election Tribunal issued rule of ad-interim injunction directing the opposite party No. 1 and 8 to show cause against the prayer of injunction. The opposite party No. 1 filed objection of 27.8.88. The injunction matter w......n the Election Tribunal constituted under Ordinance 51 of 1983 issue an order of injunction either under Order 39, rule 1 or section 151 of the Civil Procedure Code? This is the main question before this court in this rule. Other questions that incidentally arise are whether this court can i...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
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