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....or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......yers Involved:
JN Deb, Advocate‑For the Petitioner.
Not one appears- For the Opposite Parties.
Civil Revision No. 3699 of 2002.
Judgment
Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why impugned order No.104 dated 10‑6‑2002 passed ..
Category: Property Law | Date: | Hits: 71
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....ensingh who was pleased to disallow the appeal and affirm the judgment and decree passed by the learned Assistant Judge by his judgment and decree dated 2‑5‑2001 holding that the suit was bad for defect of parties, for non- descriptions of other co-sharer interests in 5.67 sataks of ejmali jot......unnahar and while in possession of the said land by growing paddy and making dwelling hut, was forcibly dispossessed from the suit land by the defendants on 9‑6‑1991. 3. The defendant-opposite party No.1 contested the suit by filing written statements and stating that he purchased the suit la..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....ad thus no occasion to claim himself as a co-sharer in the case holding by virtue of the so called exchange. He further found that the preemption petition was not barred by limitation nor bad for defect of parties. He therefore allowed the petition for pre‑emption holding the petitioner to be ....... Civil Revision No. 8766 of 1991. Judgment Sk Rezowan Ali J.- On an application by the petitioner under section 115(1) of the Code of Civil Procedure a Rule was issued calling upon opposite party No. 1 to show cause as to why the Mentioned judgment and order dated 11‑3‑1989 passed by t..Category: Property Law | Date: | Hits: 79
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ..Category: Criminal Law | Date: | Hits: 96
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....that trial by an Additional District Judge who was entrusted with the trial of Artha Rin Suit would be invalid because of this lacuna; II. Whether the writ petition itself suffers from incurable defect, inasmuch as the writ petitioner impugned order Nos. 1, 13 and 49 passed by the Artha Rin Ada......ugned orders, since the statute gives the authority specifically to a Joint District Judge. 7. The petitioner in Civil Petition for Leave to Appeal No.1428 of 2011 (writ petitioner) was not made party in the Artha Rin Suit No.7 of 2008 and had filed an application under Order I Rule 10 of the C..Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....cised a jurisdiction not vested in it by law, or have acted in exercise of it’s jurisdiction illegally which have occasioned a failure of justice or breach of some provisions of law or material defect in the decision affecting the ultimate decision, the revisional jurisdiction of the High Co......fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..Category: Civil Law | Date: | Hits: 55
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......racy to commit murder has been framed against the appellant and secondly, the prosecution did not lead any evidence in this regard. Section 120B itself is a penal section which says that whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life, sh..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......rected against the judgment and decree dated 21-8-95 passed by the learned Senior Assistant Judge, Rajshahi Sadar in SCC Suit No.8 of 1992 decreeing the suit. 2. The case of the plaintiff opposite-party in short is, that the defendant-petitioner had been a monthly tenant under the original landlo..Category: Property Law | Date: | Hits: 64
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ...... Class Suit No.325 of 1986 whereby the plaint of the suit was rejected under Order 7 rule 11 of the Code of Civil Procedure. 2. Short facts necessary for the disposal of the Rule are: Opposite party Abdus Sattar as plaintiff instituted a suit in the Court of the Senior Assistant Judge, Sadar ..Category: Property Law | Date: | Hits: 62
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......- For the Opposite Party No.1. Criminal Miscellaneous Case No. 4838 of 1996. Judgment Mahmudul Amin Choudhury J.- This Rule was issued calling upon the Deputy Commissioner, Feni and opposite party No.1 to show cause why the order dated 2-3-1996 passed by the learned Additional Sessions Judg..Category: Criminal Law | Date: | Hits: 83
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......r in principle or on precedent. 21. In the instant case, the impugned order is in Bengali, when translated into English would read in the relevant portion of the judgment, thus: “The opposite party No.1 has denied all these allegations. On the basis of the said allegations, the matter may be..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......7 DLR (SC) 515, Law Reports Appeal Cases 1969 Vol. II page 147, 37 DLR (AD) 161, 34 DLR (AD) 222 and AIR 1940 PC 105. 5. Mr. Zillul Haque, the learned Advocate appearing for the defendant opposite party No.1 the Farazikandi Complex, on the other hand, has contended that there is no illegality in ..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......in Other Suit No.20 of 173 by Subordinate Judge, Rangpur. 2. Facts giving rise to this Rule may briefly be put thus: Petitioner is the defendant in the aforesaid suit instituted by the opposite party as plaintiff for declaration of his title and interest to the extent of 8 annas share in ‘Ka..Category: Property Law | Date: | Hits: 74
Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)
....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ...... Civil Revision No.449 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule a short but important question falls which for determination is whether a transferee of a premises can be added as a party in a suit for ejectment brought by the landlord against the tenants. 2. The opposite‑part..Category: Property Law | Date: | Hits: 49
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......tim is a woman of full age then of course without independent corroboration of her evidence, the prosecution case should not be believed, as because of her full age she may be a willing or consenting party to the game, but when the victim girl is a minor, her evidence if otherwise found to be truthf..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......o observe the principle of natural justice in making the said order or taking the said action, in the absence of any positive legislation dispensing with such observance and must, therefore, give the party affected an opportunity of being heard before the order is made or the action is taken." 32..Category: Employment/Service Law | Date: | Hits: 116
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....o account the then political situation which existed in the Chittagong Hill Tracts and, as such, that cannot be the subject matter of judicial review of this Court. The writ petition was also bad for defect of party as the appropriate parties against whom specific allegations were made, were not imp......the then political situation which existed in the Chittagong Hill Tracts and, as such, that cannot be the subject matter of judicial review of this Court. The writ petition was also bad for defect of party as the appropriate parties against whom specific allegations were made, were not impleaded and..Category: Constitutional Law | Date: | Hits: 219
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......Civil Procedure is directed against the judgment and order dated 22-3-1995 passed by the District Judge, Mymensingh in Miscellaneous Appeal No.14 of 1995 allowing the prayer of the plaintiff opposite party Nos.1-2 for temporary injunction restraining the petitioners and opposite party No.3 (the Addi..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
.... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ......ing that the land appertains to Khatian No.554 and it constituted a residential homestead with adjuncts not connected with agriculture. The petitioner is a co-sharer in the case land and the opposite party No.1 is a stranger and no notice was served about the sale dated 5‑11‑69, as such, the pet..Category: Property Law | Date: | Hits: 52
Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)
....spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ......993 allowing the appeal and setting aside the judgment and decree dated 29‑4‑1993 passed by the Assistant Judge, Batiagata, Khulna in Title Suit No.5 of 1988. 2. Petitioner as well as opposite party Nos.7‑9 as plaintiffs filed Title Suit No.374 of I987 which was Subsequently re‑numbered a..Category: Property Law | Date: | Hits: 51
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