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Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....e order. 3. Defendant Nos.1 and 2, in their written statement, denying most of the allegations in the plaint, specifically contended that the suit was not maintainable and that it was also bad for defect of party. Their further defence was that on receipt of a report from the Examination Centre C......f 1986 (Barisal) Judgment Bimalendu Bikash Roy Chowdhury J.- A suit being Title Suit No.138 of 1982 out of which this rule in Civil Revision No.818 of 1990 has arisen was instituted by opposite party No.1 Md. Firoj Alam, a student of Udbodhan High School at Jhalakati as plaintiff in the Court ..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....dge affirmed the order of the learned Joint District Judge with the observation that if the plaint was not properly signed or verified, the Court had jurisdiction to allow the plaintiff to remove the defect at a later stage. The District Judge also observed that the question of maintainability of a ......r the plaint (b) amendment is necessary for the purpose of determining the real question in controversy between the parties and (c) amendment if allowed would in no way cause injustice to the adverse party. Amendment of the plaint as sought for has been quoted hereinbefore, a reading of which it app..Category: Civil Law | Date: | Hits: 86
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......n principle may be stated as follows: (i) If, as I think was the case in Davies V Mann, one of the of the parties in a common law action actually knows from observation the negligence of the other party, he is solely responsible if he fails to exercise reasonable care towards the negligent plaint..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......ated 16.5.87 passed by the Upazila Magistrate, Teknaf in GR Case No.35 of 1986. 2. The learned Upazila Magistrate by the said order dated 16.5.87 rejected the naraji petition filed by the opposite party No.2 against the final report submitted by the police and accepted by the said Magistrate on 1..Category: Criminal Law | Date: | Hits: 78
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
....der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29.......e after another simultaneously that will meet the ends of justice. In the case of M/s Ayat Ali Bhuiyan and Company Ltd. Vs. Janata Bank, 40 DLR 56, a Division Bench of this Division, to which I was a party, expressed somewhat similar view relying on section 151 CPC. In the light of the aforesaid dec..Category: Procedural Law | Date: | Hits: 51
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......g aside the ex parte decree passed by the trial Court on 6.11.1980 in Title Suit No.371 of 1977. 2. The petitioner instituted the aforesaid Title Suit for permanent injunction against the opposite party No.1 and 7 others in respect of 0.50 acres of land appertaining to CS Plot No.389 of CS khatia..Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......the plaintiff with the help of the Deputy Commissioner to make the suit infructuous and the plaintiff moved and application for addition of the Magistrate an the Deputy Commissioner, Narayanganj as a party in the suit and filed an application for temporary mandatory injunction praying for restoratio..Category: Property Law | Date: | Hits: 389
Abdul Jabbar Vs. State and Pradip Kumar Biswas, 1991, 20 CLC (HCD)
....opy of this order to Mr. Shafiqul Islam, Chief Metropolitan Magistrate, and Khulna immediately for his future guidance and instructions. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 21.......Pradip Kumar Biswas………………………Opposite Parties Judgment January 21, 1991. Lawyers Involved: Shaheed Alam, Advocate ‑ For the Petitioner. Not represented- the Opposite party. Contempt Petition No.1 of 1991 in Criminal Revisional No.972 of 1990. Judgment Anwar..Category: Criminal Law | Date: | Hits: 84
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
.... 6. In view of the said provision of the Constitution the legislature had no other alternative but to amend the original Article 4 of PO No.17 of 1973 by Ordinance No.47 of 1986 to remove its legal defect and to make appropriate provision conforming with the clear provision of clause (3) of Articl......and other members elected on nomination of Jatiya Party, as has been stated in the petition, are deliberately refraining from making and subscribing oath or affirmation for political reasons as their party has been badly defeated in the General Election. 8. Mr. Mohammad Mohsen Rashid, the learned..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
.... as in the present case, that, on the face of the documents produced and Received in evidence without objection, the detention was illegal, the whole basis of the sub‑section and the presumption of defectiveness go and the prosecution must fail". In the Case of Anisminic, Ltd. Vs. The Foreign C......ved: "There can be no disobedience of a void order, as such order in the sense of an order determining the parties rights or liabilities, does not exist in law and unless the order is binding on a party, he is at liberty to ignore or disobey it …. …. … The crucial question in this case, the..Category: Criminal Law | Date: | Hits: 88
Mustafizur Rahman @ Mustak Vs. State, 2011, 40 CLC (HCD)
....t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t March 16, 2011. Criminal Miscellaneous No.13512 of 2007. Lawyers Involved: Md. Zulfiqur Matin, Advocate-For the petitioner. Bashir Ahmed, Assistant Attorney General-For the Opposite party. Judgment AKM Asaduzzaman J. - This rule was issued calling upon the opposite party to s..Category: Criminal Law | Date: | Hits: 68
Md. Mahmudur Rahman alias Rasel and others Vs. State, 2011, 40 CLC (HCD)
....e and reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......tion) Present: AKM Asaduzzaman J Md.Ashraful Kamal J Md. Mahmudur Rahman alias Rasel and others…….……Petitioners Vs. The State………………………………….Opposite party Judgment March 19, 2011. Lawyers Involved: Md. Ahsanullah, Advocate -For the petit..Category: Criminal Law | Date: | Hits: 71
Md. Rahim Biswas Vs. State, 2011, 40 CLC (HCD)
..../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......resent: AKM Asaduzzaman J Md. Ashraful Kamal J Md. Rahim Biswas alias Rahim Biswas alias Abdul Rahim……………Petitioner Vs. The State……………………………….Opposite party Judgment March 30, 2011. Lawyers Involved: Indrajit Kumar Moullick, Advocate-For t..Category: Criminal Law | Date: | Hits: 67
Md. Ismail and others Vs. State, 2011, 40 CLC (HCD)
....rgone with fine as stated above. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......scellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Md. Ismail and others ……………Petitioners Vs. The State ……………………………...Opposite party Judgment March 30, 2011. Lawyers Involved: Md. Abdul Kader Bhuiyan, Advocate-For t..Category: Criminal Law | Date: | Hits: 77
Kalim Mollah @ Siddique and others Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......aman J AKM Zahirul Hoque J Kalim Mollah @ Siddique and others…….……………Petitioners Vs. The State …………………………………………………………….Opposite party Judgment March 13, 2011. Lawyers Involved: SM Shafiqul Islam, Advocate-For the pet..Category: Criminal Law | Date: | Hits: 80
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......ner No.1) filed the said application for review of the judgment and order dated 24.03.2009 passed in Writ Petition No.10371 of 2006. It was asserted in the said review application that the opposite party Nos.1 and 2 filed the Writ Petition No.10371 of 2006 against the respondent Government, challe..Category: Property Law | Date: | Hits: 85
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......itle and possession in the 12 annas share in the suit tank and also found that the suit was not barred by Section 11 of the Code of Civil Procedure since the plaintiffs or their predecessors were not party in Title Suit No.17 of 1957. The trial Court, therefore, decreed the suit declaring title of..Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......ement Clinker Grinding Company Ltd. and TK Oil Refinery Ltd. should be made parties and the arbitration proceeding should be proceeded against and accordingly those two companies were added as second party Nos. 2 and 3. Thereafter, 27-8-1995 was fixed for hearing but on that day Mr. HK Abijul Hye th..Category: Alternative Dispute Resolution | Date: | Hits: 182
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......10th November, 2008 and they joined to their respective posts and the recommendation of the PSC has duly been acted upon and that as those appointees have not been impleaded in the writ petition as party, the petitions are not maintainable. 5. The High Court Division observed that the second ..Category: Constitutional Law | Date: | Hits: 247
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ...... 1993. Cases Referred To- Serajul Islam Vs. Mizanur Rahman, 29 DLR (SC) 82. Lawyers Involved: Mihir Kanti Mazumder, Advocate- for the petitioners. SK Sinha, Advocate- for the opposite party. Civil Revision No.1003 of 1991 (Dhaka) Civil Revision No.6 of 1988 (Sylhet) Judgmen..Category: Property Law | Date: | Hits: 101
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