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Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)
....hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......ti, in Title Appeal No.42 of 1990 thereby setting aside the judgment and decree dated 31-3-90 passed by the learned Senior Assistant Judge, Jhalakati, in Title Suit No.203 of 1987. 2. The opposite party as plaintiff filed Title Suit No.203 of 1987 in the Court of the learned Senior Assistant Judg..Category: Procedural Law | Date: | Hits: 72
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......egations made in the said case but did not oppose the prayer for depositing the rent without any prejudice being caused to her. The rent controller by order dated 31-10-92 allowed the tenant opposite party to deposit rent without passing any order on the prayer as to non-issuance of the rent receipt..Category: Property Law | Date: | Hits: 64
Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
.... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62.......vocate - For the Petitioners. H N Nandi, Advocate - For the Opposite Party. Civil Revision No. 3897 of 1996. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 13-11-96 passed by the learned Additional Dis..Category: Employment/Service Law | Date: | Hits: 101
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....ption of the case land under section 96(4) of the State Acquisition and Tenancy Act as co‑sharers by inheritance. In their written objection also it was specifically stated that the case is bad for defect of parties since Ebad Ullah, Afaiot Ullah, Rois Ullah, Meher Ullah, Jalima Bibi, Maremchand B......a 500.00 for improvement of the case land and that the pre‑emptor is not co-sharer as alleged of the case holding and as such the prayer for pre‑emption was liable to be rejected. 6. Opposite party No.1 Md. Modhu Mia, of the said petition also contested the prayer for pre-emption by filing a..Category: Procedural Law | Date: | Hits: 70
Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)
....er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......property described in schedule (Ga) of the plaint at Taka. 7, 50,000.00 and had received in all Taka 1, 60,000.00 as earnest money. 5. Learned Subordinate Judge rejected the prayer for addition of party on the ground that the property was mortgaged. 6. Heard Mr. Alaluddin and Mr. MA Azim Khair..Category: Procedural Law | Date: | Hits: 67
Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)
....n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ......n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ..Category: Criminal Law | Date: | Hits: 74
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......Abdul Wadud Bhuiyan, Additional Attorney-General-For the Opposite Party. Civil Revision No. 2766 of 1994. Judgment Mahmudul Amin Choudhury J. - This Rule was issued calling upon the opposite party to show cause why the order Date 29-6-94 passed by the Subordinate Judge, 3rd Court, Dhaka in ..Category: Alternative Dispute Resolution | Date: | Hits: 245
....petent to entertain the complaint case and rightly rejected it on technical ground of being time barred without entering into merits of the case.
15. Rejection of the said application on technical defect dose not, however, affect the merit of the case as there was no scope for the Court to go int......gation. (Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, 44 DLR (AD) 140. More so, where a statute requires a notice to be given before taking any action, service of notice to the concerned party, in that case becomes mandatory and failure to comply with this requirement renders such actio..
Category: Limitation Law | Date: | Hits: 175
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......6 of the Code of Criminal Procedure. There have been other incidentals points raised in this case which will be disposed of in course of the judgement. 3. The relevant facts are that, the opposite party No.2 Moulana Md. Yusuf an inhabitant of Gopalganj filed a petition in the Court of Magistrate ..Category: Criminal Law | Date: | Hits: 70
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ..Category: Criminal Law | Date: | Hits: 105
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......tion as complicated question of title was involved in the suit, when no prayer for establishment of tide was made by the plaintiffs. Mr. Kamal-Ul-Alam, the learned Advocate appearing for the opposite party Nos.4 and 5 (Defendant Nos.10 and 11) submitted that his clients preferred Partition Appeal No..Category: Civil Law | Date: | Hits: 86
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......of 1992. Judgment Md. Sirajul Islam J. - This Rule at the instance of the defendant-petitioner under section 25 of the Small Cause Courts Act was issued calling upon the plaintiff-opposite party to show cause as to why the judgment and order dated 19‑5‑92 passed by the Senior Assistan..Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......3. Judgment AM Mahmudur Rahman J. - This Rule is against the judgment and order of reversal of the lower appellate Court in an election petition case directing re‑election. 2. The opposite party 1 filed Election Petition case No.6 of 1992 before the Election Tribunal, Mymensingh against t..Category: Election Law | Date: | Hits: 148
Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......r. On the following day the learned Magistrate after hearing the lawyers of the Second Party stayed the operation of his order till final hearing and decision. 3. As against that order the first party filed a motion in the Court of Sessions Judge for making a reference under section 438 of the ..Category: Criminal Law | Date: | Hits: 69
Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)
....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......esent: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J Humayuun@ Humayun Bepari…………………Appellant Vs. The State………………………………………………Opposite party Judgment March 7, 2011. Result: The appeal is dismissed. Lawyers Involved: N..Category: Criminal Law | Date: | Hits: 112
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....notice issued on 29.5.2007 was meant for the financial year 2006-2007. But during trial charge was framed from the financial years 1988-1989 to 2006-2007. Therefore, the charge suffered from inherent defect. Subsequently the impugned judgment of conviction and sentence was passed based on defective ......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..Category: Criminal Law | Date: | Hits: 108
.... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
......o refer to the provision of section 34 of the Arbitration Act to see when the suit is to be stayed within the meaning of the section. Section 34 of the Arbitration Act may be set out:
“Where any party to an arbitration agreement or any person claiming under him commences any legal proceedings a..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
.... proceeding for detention itself, because it deprives the detenu from making necessary representation to the Advisory Board. Mere placing the case before the Advisory Board does not remove the said defect. Due to non-service of grounds the detention order made under section 3(1) of the Special P...... on the above point. 11. It is the settled principle of law that requirements of law provided for preventive detention must be strictly followed and scrupulously complied with and failure on the party of the detaining authority to comply with the mandatory requirements of law will render the de..Category: Criminal Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219.......Magistrate, Rajshahi on the allegation, inter alia, that the petitioner is an inhabitant of Begum Rokeya Road, Hatem Khan, Ward No.7, Municipal Holding No. 393 in the town of Rajshahi. The opposite party Nos. 1 and 2 namely, Golam Mostafa @ Dulal and Mst. Zaheda Banu Bibi live adjacent south of hi..Category: Criminal Law | Date: | Hits: 70
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....he Rules of Business. It has been held that if making and signing of a Government order do not conform with the provisions of the Constitution and the Rules of Business, then it suffers from inherent defect and cuts at the very root of an executive action. It becomes an executive order without appar...... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210...Category: Civil Law | Date: | Hits: 87
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