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Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ...... (AD) 97. Lawyers Involved: Nahid Mahatab, Advocate - For the Petitioner. No one appears - For the Opposite Party. Civil Revision No. 4555 of 1998. Judgment Mamnoon Rahman J.- In an application under section 115(1) of the Code of Civil Procedure, Rule was issued calling upon opposi..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....¨ŕ§¦ŕ§§ŕ§¦/ŕ§ŕ§® dated 2-12-2010 including the names of Paurashavas namely Cox's Bazar, Sadar, Chakaria, Teknaf and Moheshkhali fixing 19-1-2011 for holdÂing Paurashava election without preparing a fresh voter list excluding the Rohingyas, the citizen of Myanmar, should not be declared to have mad......th Writ Petition No.9748 of 2010 are as follows: The petitioner is a voter of Cox's Bazar MuniciÂpality with voter No.221373362050 and being a perÂmanent citizen of Bangladesh has preferred this application in public interest contending, inter alia, that in exercise of power as conferred in sec..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....e reference and allowed. Criminal Appeal 319/89 and sent back the case to the trial Court with direction to afford sufficient opportunity to the defence to cross examine the P.Ws. and then to decide afresh the case according to law. 12. After remand order from High Court Division trial was held b......oth in-chief and crossÂ-examination of both first trial and retrial and having appreciated correctly the evidence arrived at right decision. Cited decision reported in 43 DLR (AD) 25 cannot have any application in the present case. We already noticed above that P.Ws.2‑6 and 8 were present with vi..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......ur Gopal Saha J.-This Rule is directed against the order dated 26‑4‑1988 passed by the learned Assistant Judge Keshabpore, Jessore in Miscellaneous Case No.11 of 1987 rejecting the petitioner’s application for amendment of the pleading by adding a party thereto. 2. The petitioners filed an ..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....n Commissioner which is an office of profit in the service of the Republic and having resigned on 18‑4‑95 as the Chief Election Commissioner is debarred from holding the office as a Judge without fresh appointment and oath and his sitting as a Judge on the concept that he had been in the said of......eruddin Ahmed; Deputy Attorney-ÂGeneral with Md. Altafur Rahman, Assistant Attorney‑General ‑ For Respondent No.3. Writ Petition No.1269 of 1995. Judgment Habibur Rahman Khan J. - On an application filed by Mr. Shamsul Huque Chowdhury Article 102 of the Constitution of the People’s R..Category: Constitutional Law | Date: | Hits: 353
.... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
......The suit was instituted before the Artha Rin Adalat No.2 which was established under the Artha Rin Adalat Ain. The present petitioner who is defendant No.1 entered appearance in the suit and flied an application under Order 7, rule 10 of the Code of Civil Procedure for return of the plaint as the pl..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ...... judgment and decree dated 17-7-95 reversed the decision of the trial Court, and thus being aggrieved, the defendants have challenged the said decision of the Lower appellate Court by this revisional application. 8. Heard Mr. AKM Nazrul Islam, learned Counsel for the petitioner and Mr. Md. Ozair ..Category: Procedural Law | Date: | Hits: 103
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....the reported case, the fact is that cognizance was taken by the Sub-Divisional Magistrate who later on transferred the case to another Magistrate for trial where after examination of some witnesses a fresh cognizance was taken against a new accused and the court proceeded with the trial. It was held......y and Profulla. The case was then investigated and police submitted charge-sheet against petitioners Hafizur Rahman, Abdur Rob and others under sections 302/201/34 of the Penal Code. Thereafter on an application filed by one Md. Shamsuddin the learned Magistrate included petitioner No.2 Fazlul Karim..Category: Criminal Law | Date: | Hits: 102
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in:Â 50 DLR (HCD) (1998) 318. ......rty is not before it, will enquire as to why the affected party is not coming before it and if it finds no satisfactory reason for non-appearance of the affected party, it may refuse to entertain the application. (Emphasis added) 11. We are also of the opinion that this petition is premature in t..Category: Constitutional Law | Date: | Hits: 421
....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......of the State Acquisition and Tenancy Act are same and similar. The learned Advocate failed to produce any decision of any higher Court on the point that in Non-Agricultural Tenancy Act cases separate applications for different transaction, are to be filed. So, we may profitably derive a sense of dir..
Category: Property Law | Date: | Hits: 113
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
....Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......rt in all respects and dismissed the appeal and affirmed the judgment of the trial Court. 7. Against the said judgment and decree of the learned District Judge the plaintiff petitioners moved this application in revision and obtained the present Rule. 8. Mr. Hasan Foez Siddique, the learned Ad..Category: Property Law | Date: | Hits: 85
....be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......le, of natural justice does not arise at all. He further submits that to change its lawyer is the discretion of the Government and since no legal right has been accrued and violated, the present writ application is not maintainable.
8. We have gone through the contents of the LR Manual, 1960 whic..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......r Rahman, is the petitioner. In this writ petition the validity of the Indemnity (Repeal) Act, 1996, and the institution of Dhanmondi PS Case No.10 (10)/1996 have been challenged. It is stated in the application that the accused Colonel Faruqur Rahman is in custody and the petitioner‑mother tried ..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....rk and submit police report as early as possible. Let a copy of the judgment and order be transÂmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ...... Rabbi, Advocate-For the Petitioners. AKM Fazlul Hoque. Advocate-For the Added Opposite-Party No.2. Criminal Miscellaneous Case No.10949 of 2005. Judgment Khandaker Musa Khaled J. - On an application under section 561A of the Code of Criminal ProceÂdure, this Rule was issued calling upo..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... nomination paper on the 6th of January 1969 and the last date for filing the nomination paper there would have been no difficulty for him either to correct the nomination paper filed or to file a fresh nomination paper. We have earlier noticed that the appellant had with him a certified copy of...... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...Category: Election Law | Date: | Hits: 211
....the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417.......ssed by the Subordinate Judge and 2nd Court of Artha Rin Adalat and Commercial Sub-Judge Court, Chittagong in Money Suit No.31 of 1990 (previously Money Suit No.35 of 1989) rejecting the petitioner's application under Order 1 rule 10(2) of the Code of Civil Procedure for being added parties to the s..
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......ndant preferred appeal and the appellate Court by the impugned judgment and decree set aside the judgment and decree of the trial Court and dismissed the suit. Then the plaintiff moved the revisional application before this court and obtained the present Rule. 6. Mr. Sarder Abul Hossain, the lear..Category: Property Law | Date: | Hits: 103
....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......evision No. 28 of 2000.
Judgment
Md. Awlad Ali J.- This Rule arises out of an order dated 30‑9Â-1999 passed by the Assistant Judge, 1st Court, Dhaka in Title Suit No.238 of 1999 rejecting an application under Order VII rule 11 (d) of the Code of Civil Procedure.
2. The opposite parties i..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......d in law in not holding that the transaction is an out and out sale inasmuch as, even if the same is a complete usufructuary mortgage section 95A of the State Acquisition and Tenancy Act will have no application to the transaction which was past and closed. 6. Mr. Syed Ziaul Karim learned Advocat..Category: Property Law | Date: | Hits: 114
....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160.......
3. Abdus Salam, Abdur Rashid Gazi, Golam Mostafa, Hafizun Nesa and four others, Md. Abdus Sobhan and MN Afser Chowdhury having not accepted the award made by the Deputy Commissioner made separate applications for revision of the award being registered in the court of Arbitration and the court of..
Category: Property Law | Date: | Hits: 84
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