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Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......This Case is also Reported in: 58 DLR (2006) 335.......or and the merit of the case as a whole and acquitted the accused persons including the child. In consideration of the merit of the case it was further held that the retrial of the child would not be proper in the facts and circumstances of the case. 26. Turning back to the question of legality o......nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335...Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....rned Advocate for the plaintiff, referring the case of Md. Ibrahim Vs. Md. Alauddin and others reported in 27 DLR 413 submits that it is hit by Order VI, rule 7 of the Code of Civil Procedure being a complete departure from the material fact as stated in the written statement and, as such, his submi......nal Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rais Uddin J Nil Sen Singh…………………………………………………………...Petitioner Vs. Radha Mohan Singh and others …………………………………Opposite Parties. Judgment April 24, 2006. ......bordinate Judge, Mouivibazar, which was subsequently transferred to the Court of Joint District Judge, First Court, Mouivibazar, for partition of his 2/3 rd share out of 2.782/3 acres in the schedule properties. 3. The case of the plaintiff, in short, is that Babu Ram Singh was the owner of the s......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326....... This Case is also Reported in: 58 DLR (2006) 326.......d obtained a decree dated 1 7-11-1984. It was specifically stated that the defendant appellants were not residing at the addresses shown in the plaint rather they were residing at Dhaka. There was no proper service upon them as summons was fraudulently suppressed. 3. The defendant contested the s......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326...Category: Property Law | Date: | Hits: 83
.... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343.......Original Jurisdiction)
Present:
Tariq-ul-Hakim J
Afzal Hossain Ahmed J
Faruque Hasan…………………………………………………...Petitioner
Vs.
Titas Gas Transmission and Distribution Company Ltd. and others……..Respondents
Judgment
August 16, 2005.
Cases......t at Demra, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as to this Court may seem fit and proper.
2. In Writ Petition No.9 of 2002 Rule Nisi has been issued calling upon the respondents t...... injunction. In case of violation of the statutory provision of section 47B of the IRO if a Trade Union leader is compelled to go to the Labour Court and wait for a decision in this regard till final adjudication of the case, then he will be prevented from carrying out his functions as Trade Union G..
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......riminal Revisional Jurisdiction) Present: Md. Anwarul Haque J Farah Mahbub J Abdul Ahad…………………………………………………………Accused Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment O...... of the petitioner in Criminal Appeal No. 86 of 1987 arising out of CR Case No. 206 of 87 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts leading to disposal of the Rule are as follows: Opposite-party No.2 Abdur Rah......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...Category: Criminal Law | Date: | Hits: 60
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......This Case is also Reported in: 58 DLR (2006) 306.......ted as follows; The predecessors of the plaintiffs and defendant Nos. 1 and 2 Kazi Abul Kashem filed Title Suit No. 153 of 1992 in the Court of Subordinate Judge, First Court, Dhaka claiming the suit property to have been acquired by him in the benami of his two sons defendant Nos. 1 and 2 namely, K......be suspicious or unauthentic or spurious. Hence, we are of the view that the learned trial Court had rightly admitted the said documents into evidence for ends of justice and for proper and effective adjudication of the suit. It is clear from the above view that the learned Joint District Judge has ..Category: Property Law | Date: | Hits: 131
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
.... an appeal lies as an appeal from an order, or (b) any order of dismissal for default. Explanation.— A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may b......¦â€¦â€¦â€¦â€¦.Petitioner Vs. Md. Moniruzzaman …………………………………………………..Opposite Party. Judgment July 19, 2005. Cases Referred to- S. Azizul Hassan and another Vs. Malik Ghulam Muhammad, 1971 SCMR 123; Shankar Rao and others Vs. Raghunath Rao, AIR ......the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court fails to do so; (c) Where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on ......o quote the relevant provisions of the sections and Order of the Code referred by them. Sub-section (2) of section 2 of the Code is as follows: "(2) "decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of..Category: Procedural Law | Date: | Hits: 90
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
.... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......Rule was issued under section 561A of the Code of Criminal Procedure at the instance of accused petitioner Md. Amin Uddin calling upon the sole state opposite party represented by Deputy Commissioner and District Magistrate, Brahmanbaria to show cause as to why the proceedings or Nari-o-Shishu Nirja...... 2000 as amended, now pending in the Court of Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria should not be quashed or to pass such other or further order or orders as this Court may seem fit and proper. 2. Pending disposal of the Rule further proceedings as above was stayed. 3. Rule was m...... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ..Category: Criminal Law | Date: | Hits: 48
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......e & others ……………………………………………...Accused-Opposite Parties. Judgment August 29, 2005. Cases Referred to: 18 DLR (SC) 474; 6 BLC 17; Nur Elahi Vs. State and others, 8 DLR (SC) 474. Lawyers Involved: Md. Shamsul Huda, Advocate—For the Petitioner.......s Court witnesses under section 540 of the Code of Criminal Procedure to be examined in Sessions Case 28/2001 should not be set aside or pass such other order or orders as this court may deem fit and proper. Rule was made returnable within 4 weeks. 2. Pending hearing of the Rule further proceedin......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ..Category: Criminal Law | Date: | Hits: 41
Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)
....imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ......is Order is also Reported in: 19 BLT (AD) (2011) 52. ......on to examine a witness, is an exceptional one and should be used carefully and only after being fully satisfied that there is no other way to examine the said witness whose evidence is necessary for proper disposal of the suit. An occasional illness or temporary infirmity is not enough to allow a c......imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ..Category: Civil Law | Date: | Hits: 82
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......vil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rais Uddin J Kabir Ahmed Sawdagar…………………………………….Petitioner Vs. Md. Syed Saifuddin Jaheed and others…………………………Opposite Parties. Judgment March 7, 2006. Case Refe......ant for the purpose Of this case are that the suit land belonged to Md. Ibrahim and RS khatian was prepared in his name who died leaving 3(three) sons and 3(three) daughters and a widow who got their property and they separated their share by agreement held in a salish dated 28-1-1957 and again thei......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......ision (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rais Uddin J Kazi Rashed Akhter Shahid (Prince)…………………Petitioner Vs. Rokshana Choudhury (Sanda)………………………..Opposite Party. Judgment February 27, 2006. Cases Referre......wer amount of the marriage, if any, according to her status cannot be more than 30,000 (thirty thousand). He further submits that the judgment and decree passed by the learned lower Court are neither proper nor in accordance with law and, as such, the impugned judgment and decree caused serious inju......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267.......ivil Appellate Jurisdiction) Present: Md. Mozammel Hossain J Md. Abdul Hye J State…………………………………………Petitioner Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet…………… Contemners-Opposite Parties. Judgment May 24, 2005...... by this Hon'ble Court and that since they tender unconditional apology and undertake that they would not repeat the same thing in the future, the Hon'ble Court may pass any order as it deems fit and proper. 7. We have heard the learned Advocates of both the contemners and the learned Assistant Atto......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....y beginning of the proceeding. We are of the view that exhaustion of hearing procedure as per provisions of section 27 of the Act, for adjudication of both question of law and fact, is required to be completed before passing an order for dismissal of the plaint under section 28(1). From the impugned......in J Zubayer Rahman Chowdhury J MA Salam…………………………………………………………….Petitioner Vs. Additional District Judge & Dewlia Adalat, Chittagong and another…… Respondents. Judgment November 17, 2005. Cases Referred to- Messrs S......respondent No. 1 should not be declared to have been passed without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is the proprietor of M/s MA Salam and Company. The respondent No. 1 is ......ovisions, in respect of bankruptcy matter. It contains, amongst others various provisions, namely, section 2 contains definitions, section 9 enumerates act of bankruptcy, Section 10 contains power of adjudication, section 11 provides for the qualifications of persons who are subject to bankruptcy pr..Category: Civil Law | Date: | Hits: 131
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....avit-in- Opposition on behalf of the respondent Nos. 2 and 3) the relevant portion of which reads as hereunder: "2. Assistant Technical Officers: As soon as any Assistant Technical Officer passes completely AMIE Examination he will forthwith become eligible for appointment as Assistant Engineer....... is also Reported in: 58 DLR (2006) 245. ......nd is of no legal effect and why the respondent Nos. 1 to 5 shall not be directed to withdraw and cancel the same and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. It is the case of the five petitioners that upon obtaining their Diplomas in Engineeri......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ..Category: Employment/Service Law | Date: | Hits: 79
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
.... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240.......for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240.......002 passed by the Joint District Judge, 1st Court, Kishoreganj in Title Appeal No. 372 of 1993 should not be set aside and/or pass such other or further order or orders as to this Court deems fit and proper. 2. Short facts necessary for the purpose of the Rule is that the petitioners as plaintiff...... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240...Category: Procedural Law | Date: | Hits: 93
Shomurunessa and others Vs. Md. Musa Miah and others, 2005, 34 CLC (HCD)
....ce on the part of the petitioner. I do not find any substance in the Rule. In the result, the Rule is discharged without order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ......s to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ......Nos. 1-6 to show cause as to why the delay of 309 days in filing this revisional application should not be condoned and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. None appears to support the Rule. 3. Mr. Md. Ibrahim Mollah, the learned Advocate, ......ce on the part of the petitioner. I do not find any substance in the Rule. In the result, the Rule is discharged without order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ..Category: Procedural Law | Date: | Hits: 96
Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)
....al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227.......cause as to why the portion of impugned order dated 6-10-98 passed in Title Suit No. 59 of 1996 by the Assistant Judge, Muktagacha Court, Mymensingh so far it relates to passing an order of abatement and allowing the petition for substitution of the legal heirs of the deceased defendant is concerned......owing the petition for substitution of the legal heirs of the deceased defendant is concerned should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Before the issuance of the Rule delay of 29 days was condoned. The plaintiff-opposite ......al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227...Category: Procedural Law | Date: | Hits: 106
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
.... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224....... This Case is also Reported in: 58 DLR (2006) 224.......ased the entire share of said Jalal Patwari that was allotted to him in the preliminary decree. So, he could not claim that he was not aware of said decree. In the fitness of things, most natural and proper step for said opposite party No. 1 was to take step for substitution or addition in place of ...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224...Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Rafique Ullah (Md)………………………………………………..Petitioner Vs. Badsha Alam and others..................................Opposite Parties. Judgment August 30, 2005. Cas......pears to have no substance. The learned Advocate, in course of argument, has taken me through the judgments of the Courts below and other evidences on record and submits that both the Courts below on proper findings found that the decree in question in Title Suit No. 30 of 1998 is collusive and frau......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ..Category: Property Law | Date: | Hits: 67
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