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.... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610.......evision application under section 115 of the Code of Civil Procedure against order No.87 dated 10-5-2000 passed by Subordinate Judge, 1st Court, Bogra in Other Class Suit No.78 of 1987 by which their prayer for vacating stay was refused.
2. It is stated that on 25-9-85 the petitioners instituted ..
Category: Civil Law | Date: | Hits: 81
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......ntiff well as defendant Nos.3 and 5 filed hazira but defendant No. 4 prayed for adjournment of hearing of the suit. 5. The learned Subordinate Judge by his impugned order dated 4-11-80 allowed the prayer of the defendant petitioner for adjournment with Taka as CP cost payable to the plaintiff fix..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....the conviction reached finality by the pronouncement of the last Court these contentions have become academic. 11. The point next argued by Mr. Nabi is of paramount importance. It is argued in the alternative that the disqualification as contemplated under Article 66(2)(d) of the Constitution wil...... It also appears that immediately after issuance of the Rule Mr. M Amir-ul Islam, Senior Advocate, appeared in Court by filing a power on behalf of the respondent No.1 and in consideration of his prayer the Court observed that question of disqualification of the petitioner was not considered, th..Category: Constitutional Law | Date: | Hits: 202
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......f the Bengal Tenancy Act for preemption of a transfer way by of Heba-bil-Ewaz. The deed was nominally valued at Taka 1,000 for the purpose of registration but the consideration for the transfer was a prayer mat, a piece of Tasbi and a piece of Holy Quran. The application was allowed by the Munsif an..Category: Property Law | Date: | Hits: 68
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......int and that the decree holder petitioner may be allowed a decree for specific performance of contract in respect of the said house. The learned Subordinate Judge by order dated 24-5-1989 allowed the prayer for amendment of the plaint and schedule ‘Kha’ property has been included in the plaint. ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......te was created and that if possession of the hat is taken over from the plaintiff, it would suffer irreparable loss and injury. 3. Defendant-opposite Party No.1 filed written objection against the prayer for temporary injunction. Their case is that the plaintiff was the owner of the hat in questi..Category: Property Law | Date: | Hits: 105
.... loan from one Non-Government Organisation namely Manabik Shahajja Sangstha and is working in a sweater factory at Mirpur, Dhaka, and that since issuance of the Rule till date she was not offered any alternative accommodation by the Government and that the basti people should not be evicted without ...... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
....ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.......respondents did neither complete the transaction nor hand over the physical possession of the property in favour of the petitioners in spite of compliance of all the terms by them. They made repeated prayers for completion of the transaction but having failed in this respect, a notice demanding just..
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......Original Order No. 75 of 1984 with Civil Rule No. 205 (fm) of 1984. Judgment Ranadhir Sen J.- This appeal is directed against the order dated 11-4-84 of the learned Subordinate Judge refusing a prayer for temporary injunction in mandatory form. 2. The plaintiff filed the suit for declaratio..Category: Others | Date: | Hits: 132
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......General — For the State. Criminal Appeal No.2681 of 1998. Judgment Kazi Ebadul Hoque J. - This is an application for bail of the appellants. The appeal is against the order of rejection of prayer for bail by the Special Tribunal on 2-11-98. Appellants previously filed Criminal Appeal No.5..Category: Criminal Law | Date: | Hits: 35
Zahur Ahmed Vs. Commissioner of Customs and other, 1999, 28 CLC (HCD)
....ioner Vs. Commissioner of Customs and other………......Respondents Judgment February 3, 1999. Result: The Rule is discharged. Writ petition is not maintainable when there is alternative forum for seeking remedy by way of appeal. Mere allegation of violation of the provision......ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
.... relegate the same to the bench officer and allow the accused to continue as before. If the Sessions Judge fails to consider the prayer for bail on merit due to heavy pressure of work he has no other alternative but to send the accused to jail custody. The practice of allowing the accused to continu......were arrested from or near the place of occurrence in the absence of any specific allegation against them the petitioners could not be charged with abetment of murder and, as such, rejection of their prayer for bail was not proper exercise of judicial discretion on the part of the learned Additional..Category: Criminal Law | Date: | Hits: 33
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......ions of Specific Relief Act. Defendant No. 1 was not evictable from the suit property. 8. His definite case was that defendant Nos. 2 and 3 acquired the suit land for Mirpur satellite town. On the prayer of Mohammad Jabbar the suit plot was on 17-9-63 allotted to him and delivered possession. Sai..Category: Property Law | Date: | Hits: 83
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ...... Court could have pointed out in the report of the Commissioner. This kind of disposal by a judicial officer of the rank of a District Judge is very unfortunate. 25. It further appears that on the prayer of defendant No. 17 the appellate Court has ordered to allot a share to said defendant. Defen..Category: Property Law | Date: | Hits: 70
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......porary injunction was rejected and ad interim injunction was vacated. Said defendant Nos. 5, 6 and Akmal then presented FMA No. 17 of 1983 before this Division and obtained an order of stay rejecting prayer for injunction in Civil Rule No. 137 (FM) of 1983. Then in April, 1983 defendant No. 3 again,..Category: Property Law | Date: | Hits: 71
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......or less supported the prosecution case in his examination-in-chief. During cross-examination on behalf of the condemned prisoner, he says that he went to the place of occurrence after Azan for Magrib prayer and he was at a distance of 50 cubits from the deceased. He further says that PW 2 was not wi..Category: Criminal Law | Date: | Hits: 49
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....-exhaustion of the remedy of arbitration. Rejecting the contention of the respondents, the Appellate Division held as follows: "With regard to the availability of arbitration and civil suit as an alternative remedy, Article 102 of the Constitution provides that if there is "no other equally effi......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ile the present writ petition and obtain the Rule. He also submits that since the respondent No. 7 is found to be the highest bidder, lease of the said Cattle Hat should be granted to him, or, in the alternative, there should be a fresh tender. The learned Assistant Attorney-General however, submits......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..Category: Others | Date: | Hits: 114
.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......e dismissed for default while the sole plaintiff died earlier to that order. At best the learned Assistant Judge could pass the order of abatement instead of passing the impugned order, rejecting the prayer under section 151 of the Code of Civil Procedure.
8. Mr. Md. Moksed Ali referred 1985 BLD ..
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......oof lies in this case. The plaintiffs claim that they are citizens of India whereas the alleges that they are citizens of Pakistan. Ordinarily, it is for the plaintiff to prove the facts on which his prayer for relief is based. But if the plaintiffs are able to prove that they were citizens of India..Category: Immigration and Citizenship Law | Date: | Hits: 190
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