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Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)
....ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......7, 2010. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 54 of 2009. (From the judgment and order dated the 16th day of June, 2008......ple’s Republic of Bangladesh is directed against the judgment and order dated the 16th day of June, 2008 passed by the High Court Division in Civil Revision No.2102 of 1995 making the Rule absolute remanding the suit to the Court of Appeal below for holding fresh trial in the light of observation ......ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598...Category: Property Law | Date: | Hits: 31
Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)
....ns made on behalf of the heirs of defendant No.20 that the matter be remanded to the trial Court with a direction upon the Advocate Commissioner to allot saham in their favour. In view of the joint prayer, the High Court Division discharged the rule and directed to the trial Court to allot saham i......…….........Respondents Judgment December 14, 2009. Lawyers Involved: Md. Mazibar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No. 1344 of 2009. (From the Judgment and order dated 23rd March, 2009 of a Si......the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593.......the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593...Category: Property Law | Date: | Hits: 23
Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)
.... application for issuance of certificate of title under Section 33(7) of the Artha Rin Adalat Ain, 2003 and the learned Judge, Artha Rin Adalat No.1, Dhaka by his order dated 14.03.2006 allowed the prayer and by his order dated 14.03.2006 issued the impugned certificate of title under Section 33(7......Involved: Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos.3-12. Not represented-Respondent Nos.1-2. Civil Petition for Leave to Appeal No.299 of 2009. (From the judgment and order dated 06.01.2009 passed by the H...... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548....... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548...Category: Civil Law | Date: | Hits: 73
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....om date. The learned Judges also directed the police authority not to arrest the accused petitioner Nos.2-14 in the meantime with a further direction upon the Sessions Judge, Pabna, to consider their prayer for bail, if preferred by them. 8. Being aggrieved by the above Order dated 08.12.2009, pa......, Advocate-on-Record- For the Petitioner. Abdul Majid, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos.2-14. Criminal Petition for Leave to Appeal No. 28 of 2010 (From the Judgment and order dated 08.12.2009 passed by the Hi......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ..Category: Criminal Law | Date: | Hits: 68
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....he Code the court below committed an error of law in allowing Miscellaneous Case No.13 of 1987 under Order 9, rule 4 of the Code. (ii) The case being filed out of time by 5 days and there being no prayer for condonation of delay and the delay having not been condoned, court below committed an err......Huq J.- The fate of this Civil Revision Petition hinges on answer to the following core question, whether a Miscellaneous Case under Order 9, rule 13 of the Code of Civil Procedure which was directed for restoration of a suit on setting aside an ex parte decree, dismissed for default can be restored......f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284.......f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284...Category: Procedural Law | Date: | Hits: 83
....o. 4673 of 1991.
Judgment
Gour Gopal Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question.
2. Short facts relevant for the p...... of 1991.
Judgment
Gour Gopal Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question.
2. Short facts relevant for the purpose ...... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280....... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280...
Category: Civil Law | Date: | Hits: 91
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
....arty Nos. 1 to 6 in effect, were trying to establish the genuineness of the registered sale deed dated 23-10-1983 The learned Senior Assistant Judge by the order dated 6-7-1992 allowed the subsequent prayer of the defendant-opposite party Nos.1 to 6. The genuineness of the said registered sale deed ......r Assistant Judge, 2nd Additional Assistant Judge Court, Sadar, Noakhali allowing comparison of disputed document against which another suit is brought with plaintiffs signature disputed in the suit, for obtaining opinion of the Handwriting Expert in Title Suit No. 461 of 1990 2. The petitioner a...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259....... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259...Category: Procedural Law | Date: | Hits: 85
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
.... application under section 4 of the Partition Act. 2. Plaintiff-opposite party No.1 has filed the aforesaid Title Suit No. 3 of 1983 in the Court of the Subordinate Judge, 2nd Court, Dhaka with a prayer for partition on the allegations, inter alia, that one Akhtaruzzaman owned and possessed 2½ ......us Case No. 29 of 1995 arising out of a partition suit being Title Suit No.3 of 1983 rejecting an application under section 4 of the Partition Act. 2. Plaintiff-opposite party No.1 has filed the aforesaid Title Suit No. 3 of 1983 in the Court of the Subordinate Judge, 2nd Court, Dhaka with a pra......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256...Category: Property Law | Date: | Hits: 113
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....he said area. But the respondents are withholding granting of the said licence to the petitioner. The petitioner put an application for amendment sought to incorporate Nandi Para Union as well in the prayer portion. 32. In Writ Petition No.3592 of 1998 Rule was issued calling upon the respondent ......1999 and Writ Petition Nos. 1660, 3423, 3823, 3029, 3312, 3214, 3945, 3326, 3622 of 1998 and Writ Petition No. 4946 of 1997. Judgment Md. Fazlul Karim J. - These Rules are taken up for hearing together and disposed of by the Single Judgment as the common question of law and facts ......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...Category: Constitutional Law | Date: | Hits: 109
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
....ing written objection but no written objection was filed and the injunction matter was fixed on 15-2-1998 and on the said date in the absence of the defendants the learned Assistant Judge allowed the prayer for injunction and an order of ad interim injunction passed on 27-11-1997 was made absolute w......nd the decision taken in the meeting removing the plaintiff from the managing committee and the co-option of the defendants in the managing committee is illegal void and without lawful authority, and for further declaration that the initiation of the enquiry against the plaintiff by the defendant No...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229....... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229...Category: Administrative Law | Date: | Hits: 146
....d for ad-interim mandatory injunction for a direction upon the defendant Nos.1 to 3 to restore possession of the suit land to them pending hearing of the said application. The trial Court allowed the prayer by its order passed on the same date as impugned in earlier Rule and directed the Waqf Author......one after another, and is now being disposed of by this order.
4. On 29-11-2000 the petitioner in the later Rule as plaintiff instituted the suit against the Waqf Authorities, defendant Nos.1 to 3 for a decree for mandatory injunction for restoration of possession of the suit land measuring 1.00 ......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
....a was absconding. 5. The charge sheet being received by the learned Magistrate it was accepted on 8-1-2000 and warrant of arrest was issued against the absconding accused Labu Mia according to the prayer made by the Investigating Officer in the aforesaid charge sheet. On 10-1-2000 accused Labu Mi......Daily Star dated 11-1- 2001 in the heading of “Four-year-old boy charge-sheeted in Criminal Case” this Rule was issued calling upon the Deputy Commissioner Nilphamari to show cause as to why the aforesaid criminal proceeding against Labu Mia, son of Atiar Rahman should not be quashed. 2. The ...... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ...... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ..Category: Criminal Law | Date: | Hits: 101
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....ale deed dated 15-1-1964 to a hand writing expert for opinion after comparing the LTI of the plaintiff appellant on the disputed sale deed. 4. By the impugned order the appellate Court allowed the prayer and ordered for sending the documents in question for comparing the LTI thereon to be compare......y the Additional Subordinate Judge, Dhaka in Title Appeal No. 48 of 1997. 2. The opposite party No. 1 as plaintiff instituted title suit No. 28 of 1993 in the Court of First Assistant Judge, Dhaka for declaration and cancellation of deed and for permanent injunction. The suit was transferred to t......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214...Category: Procedural Law | Date: | Hits: 90
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....f the price of MS Rod, it is stated that under the terms of the contract, the plaintiff was required to procure all sorts of raw materials including MS Rod. In the interest of work the defendant made prayer to the government for supply of MS Rod and Government approved their prayer and accordingly, ......e defendants against the judgment and decree dated 21-11-1999 passed by the Subordinate Judge, 3rd Court, Dhaka in Money Suit No.12 of 1992 decreeing the suit. 2. The plaintiff instituted the suit for a decree for a sum of Taka 10,85,53,174,99. The plaint Case, in short, is that the plaintiff is ......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ..Category: Civil Law | Date: | Hits: 132
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
.... material allegations made in the plaint. 4. When the suit was thus proceeding the plaintiffs filed an application under Order 39 rules 1 and 2 of the Code of Civil Procedure for injunction with a prayer for temporary ad interim injunction for restraining the contesting defendants from entering i......udgment and order passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of 1997 granting temporary injunction.2. Short facts relevant are that the petitioner and pro forma opposite party Nos.6-13 being plaintiffs instituted Title Suit No.7 of 1997 in the Court of th....... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196........ The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196...Category: Procedural Law | Date: | Hits: 81
Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)
....als were dismissed by judgment and order dated 22nd November, 1973. Thereafter the defendant Nos.8-16 prayed for allotment of saham in the trial court on 26.11.1975 and the trial court rejected their prayer on 22.4.1975. Defendant Nos.8-16 thereafter preferred Civil Revision No.680 of 1976 and the H......r the Petitioners. Syed Amirul Islam, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record- For Respondent No.9. Not Represented-For Respondent Nos. 1-8, 10-33. Civil Petition for Leave to Appeal No. 429 of 2009. (From the judgment and order dated 25.11.2008 passed by the ...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499....... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499...Category: Property Law | Date: | Hits: 17
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....ssed on 01.03.1988. Thus the said suit is barred by principles of res judicata. 5. The plaintiff-respondent filed an application before the trial Court for amendment of plaint for adding a new prayer for a declaration that the patta dated 16.03.1932 is forged, collusive, void and not binding ......……….....Respondents Judgment July 5, 2009. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1179 of 2008. (From the judgment and order dated 25.09.2007 passed by the......judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ..Category: Procedural Law | Date: | Hits: 95
Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)
....s reply denying the material allegation made therein to the effect that on the aforesaid date the duty of the petitioner was up to 10 P.M. and after completion of his duty he went to the Mosque for prayer and then went home and that the petitioner was not aware as to who drove the vehicle and caus......cate-on-Record-For the Petitioner. Badruddoza, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2 & 3. Civil Petition for Leave to Appeal No. 158 of 2009. (From the judgment and order dated 03.06.2008 passed by the ......ay. Security of Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481.......ay. Security of Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481...Category: Labour and Industrial Law | Date: | Hits: 79
....ommissioner, because due to public function, the said witness may not appear before the Administrator of Waqf on the next dates and in that case, the petitioner will be highly prejudiced and his said prayer was verbally rejected and then the petitioner prayed for supplying the written objection file......the Petitioner.
Abdul Wadud Bhuiyan, Senior Advocate instructed by Mrs. Sufi a Khatun, Advocate-on-Record-For Respondent Nos.4 & 6.
Not represented- Respondent Nos.1-3, 5.
Civil Petition for Leave to Appeal No.2067 of 2009.
(From the judgment and order date 23.07.2009 passed by the H......h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474.......h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474...
Category: Trust/Waqf Law | Date: | Hits: 185
Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)
....ich was enlisted as Abandoned Property but in the meantime the petitioner was evicted from the case property. The petitioner then moved the Court of Settlement in Settlement Case No.47 of 1987 with a prayer for releasing the property but without success. Then, the writ-petitioner filed Writ Petition......hman was in possession the same was recorded in his name during S.A. operation in S.A. Khatian No. 194 and S.A. Plot No.772. Abdur Rahman was a Bangladeshi national who was all along residing in the aforesaid holding with other members of his family. While Abdur Rahman was in exclusive possession he......5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179..Category: Property Law | Date: | Hits: 24
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