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Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......b-lease by a raiyat is thus an encumbrance against a transferee from the certificate purchaser of the raiyat and must be duly annulled before the under raiyat can be ejected. In the facts of the case prayer for ejectment was refused for not having annulled the encumbrances by notice under section 16..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......issioner further held that the respondent did not deposit the money which is to be paid back to the auction purchaser in the event of the sale being set aside. He further held that the respondent’s prayer for setting aside the sale should have been filed initially before the certificate officer wh..Category: Property Law | Date: | Hits: 107
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......nt No. 2. 3. The filing of the suit was followed by an application for temporary injunction under Order XXXIX rules 1 and 2 and section 151 of the Code of Civil Procedure. The temporary injunction prayer was aimed to prevent the defendant No.1 from receiving and defendant No. 2 from paying what i..Category: Civil Law | Date: | Hits: 164
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
.... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ......roja Begum. Half an hour thereafter Firoja Begum went away to the house of her father taking her husband's things in a brief case and one bag without telling anybody anything. That day after the Asar prayer when her husband woke up from sleep and heard about departure of Firoja Begum, he went to the..Category: Criminal Law | Date: | Hits: 44
Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)
....pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298.......Both the cases ended in charge sheet under section 19(a) and (1) of the Arms Act. The cases are now pending before the learned Metropolitan Tribunal No. II for trial. 3. The appellant made several prayers for bail but those were rejected on the ground that the trial may be obstructed and disrupte..Category: Criminal Law | Date: | Hits: 54
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606....... written statement contending, inter alia, that the suit is not maintainable in its present form and that the plaintiff has got no possession in the suit property and the suit for partition without a prayer for khas possession is not maintainable. It is further alleged by the defendant petitioner in..Category: Administrative Law | Date: | Hits: 210
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196.......ve passed any order without lawful authority. In this view of the matter, we do not find any substance in the submission made by the learned Advocate for the petitioner regarding the rejection of the prayer made by the petitioner in the Application Annexure B calling for the two records. 7. There..Category: Property Law | Date: | Hits: 59
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......led Miscellaneous Case No. 40 of 1986 for setting aside the ex parte decree but the said case was also dismissed on 22nd October, 1991 as being time barred. 3. Thereupon, the appellant renewed her prayer for mutation but she was informed that the property was already included in the list of abanÂ..Category: Property Law | Date: | Hits: 65
Korban (Md.) Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....f receipt of this order. The District Magistrate, Dhaka Mr. Md. Abdul Huq is directed to pay a compensatory cost of Taka 5,000 to the detenu. Ed. This Case is also Reported in: 55 DLR (2003) 194.......-General Mr. Zaman Akhtar and MS Kamrun Nessa opposed the Rule. However, both of them conceded that no new grounds have been stated at the time of giving fresh detention to the detenu. As regards the prayer for compensatory cost to the detenu, both the learned Assistant Attorneys-General have argued..Category: Constitutional Law | Date: | Hits: 161
Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)
....e above, we find no subÂstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......n No. 3802 of 2005 making the Rule absolute reversing the judgment and order dated 16.05.2005 passed by the 2nd Court of Joint District Judge, Sirajganj in Miscellaneous Appeal No.14 of 2000 allowing prayer for preÂ-emption, thus, restoring the judgment and order dated 31.01.2000 passed by the Assi..Category: Property Law | Date: | Hits: 39
Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)
...., we find no subÂstance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 998.......nd of suit Khatian and the same was inherited by his heirs long before the disputed mortgage by Tanu Miah and auction purchase by Abdul Huq Bepari; that the suit for partition simplicitor without any prayer for declaraÂtion of title was not maintainable. 5. It appears that Tanu Miah was the owne..Category: Property Law | Date: | Hits: 47
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Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ......ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ..Category: Criminal Law | Date: | Hits: 57
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
.... an appeal under Regulation 47 of the Regulation-1990 before the Board of Members of the Bangladesh Sericulture Board, Rajshahi. But the said office refused to receive the same. Then finding no other alternative, the petitioner sent the appeal by registered post with A.D on 19.01.2002 which was of n......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ..Category: Employment/Service Law | Date: | Hits: 104
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......C.P.C. under this provision a plaintiff ought to be given such relief as he is entitled to get on the facts established upon the evidence in the case even if the plaintiff does not contain a specific prayer for the relief. The judgment of the Court of appeal below is not only based upon misreading a..Category: Property Law | Date: | Hits: 32
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....ived at by the High Court Division is an accorÂdance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931.......7th August, 1992 and thereÂafter the suit was fixed for perempÂtory hearing 22nd April 1995. On 16th July, 1995 the plaintiff filed an application for recording his eviÂdence on commission and the prayer was allowed on 22nd July, 1995. The Advocate Commissioner thereupon submitted commission repo..Category: Civil Law | Date: | Hits: 63
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......proper assessment of the evidence on record came to a wrong and erroneous finding in dismissing the suit of the plaintiff. The learned Counsel further submits that it is a suit for declaration with a prayer for recovery of khas possession. Admittedly the plaintiff No.2 purchased 4½ kathas of land o..Category: Property Law | Date: | Hits: 39
Alauddin Vs. State, 1999, 28 CLC (HCD)
....not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......on for sending the case record to the Senior Special Tribunal for taking cognizance against the accused petitioner under section 4 of the Cruelty to Woman (Deterrent Punishment) Ordinance, 1983. That prayer was rejected by the learned Additional District Magistrate and thereafter the prosecution fil..Category: Criminal Law | Date: | Hits: 29