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Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......defendant in execution of the decree for specific performance of contract and when there is dispute of title over such property it will not be just and proper on the part of the Court to oust a third party from his possession. Faced With such circumstances the Court below rightly refused to exercise..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......Misc. case which were dismissed for default. The defendants opposite parties brought the Misc. case only to harass the plaintiff. Every access of justice must not be misused as license to a litigant party resorting to proceedings after proceeding to have his affairs settled in the manner he wishes ..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......ated 23.02.2011 the Rule was disposed of with direction upon the parties “to strictly follow the terms and conditions of the solena{jcomments off}ma and violation of any term of the solenama by any party shall be treated as contempt of court. The petitioner is further directed to receive the entir..Category: Family Law | Date: | Hits: 327
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......is directed to pay the lease money for the 1418 BS in due course at the rate to be fixed by the respondents before 14.04.2011 and failing which the respondents will be at liberty to give lease to 3rd party in accordance with law. 3. The relevant facts of the case, in brief, are that the writ-peti..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)
.... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185....... impartiality of the respondents as Upazilla Election Officers being necessary for holding an impartial Election and there having been allegation that they have alleÂgiance to a particular political party, which allegation having not been controverted, the Administrative Appellate Tribunal erred in..Category: Administrative Law | Date: | Hits: 188
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......directed against an order dated 28.6.86 passed by Mr. Manjur Kader, Upazila Munsif, Banaripara in Title Suit No.12 of 1985 refusing to dismiss the suit as being barred by res judicata. 2. Opposite party No.1 namely, Abul Hashem Howlader being a plaintiff brought the suit praying for declaration o..Category: Property Law | Date: | Hits: 80
Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)
.... the opposite party never paid any sum nor did they promise to pay Rs. 6000/‑, the claim of the petitioners is barred by limitation, the Miscellaneous Case under section 10 of the Act suffered from defect of parties as the contractor of the opposite party and the owner of the cargo who, were neces......er section 10 of the Workmen's Compensation Act,1923 claiming Rs. 6000/‑ on the allegations, inter alia, that they were heirs of one Manu Mia, a labourer in the Chittagong Jetty, under the opposite party M/s Quickways Agency. The said Manu Mia made an accident and sustained injuries while he was l..Category: Labour and Industrial Law | Date: | Hits: 98
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......ith dire consequences at Kowkhali on 5.10.68 alleging that he will finish us by starting false case against us under section 395 PPC and under the provisions of the DPR either by themselves or by the party men. (iii) In paragraph 14. "That the said Advocate Mr. Abdus Sobhan also lodged a false..Category: Civil Law | Date: | Hits: 89
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
....Judge, Daudkandi Upazila. The purchaser, opposite party No. 1 here opposed the application by filing a written objection in which, among others, an objection was taken on the plea that it was bad for defect of parties. As the objection was taken without disclosing any name an interrogatory was serve......are pre‑emptors in an application for pre‑emption under section 96 of the State Acquisition and Tenancy Act, pending before the learned Assistant Judge, Daudkandi Upazila. The purchaser, opposite party No. 1 here opposed the application by filing a written objection in which, among others, an ob..Category: Procedural Law | Date: | Hits: 81
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312.......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312...Category: Criminal Law | Date: | Hits: 61
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301.......visional application under section 115 of the Code of Civil Procedure an order granting past maintenance along with other relief to a divorced wife and her son has been challenged. 2. The opposite party of this revisional application filed a suit before the learned Munsif, Fulbaria Upazila, in th..Category: Family Law | Date: | Hits: 253
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......or the Petitioner. AY Masihuzzaman, Advocate ‑ For the Opposite Party. Civil Revision No. 832 of 1990. Judgment Mainur Reza Chowdhury J. - This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 18.4.90 passed by the District Judge, Dha..Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....amined the decision reported in 37 DLR at page 66 where a Division Bench of this Court has referred to the Privy Council decision reported in AIR 1936 Privy Council at page 253 holding that incurable defect cannot be cured by subsequent examination of the Magistrate. In that case before the Privy Co......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ..Category: Criminal Law | Date: | Hits: 74
....lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......cision of two disinterested persons as arbitrators of whom one shall be appointed in writing by each of the parties within two calendar months after having been required to do in writing by the other party. If either party shall refuse or fail to appoint an arbitrator within two calendar months afte..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......ent suit for declaration that the orders of the defendant No. 1 dated 6‑8‑1987 are illegal, null and void and the plaintiffs are the lawful owners of the suit property.
3. Defendant‑opposite party No. 5 and the present defendant‑petitioner contested the suit by filing written statement. I..
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......itted on the next day, was beyond time and as such, the case was liable to be stopped and the accused persons released as per provision of section 167(7) Cr.P.C. The learned Advocate for the opposite party, on the other hand, contends that the law contemplated completion of the investigation by the ..Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......or petitioner obtained the present Rule. 3. Only one issue was framed by the learned Munsif, namely, whether the Misc. Case was barred by limitation. The pre‑empted kabala, by which the opposite party No. 4 sold the case land to opposite party Nos. 1‑3, admittedly strangers, is dated 4‑10â€..Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......se and that upon dispute between the parties over the land there was a proceeding under section 145 of the Code of Criminal Procedure restraining both parties from entering the land and the informant party in violation of the same went to take forcible possession of the land when the bargadars of ac..Category: Criminal Law | Date: | Hits: 61
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......asis of the alleged contemptuous statements made by them in the four applications filed for transfer filed in the above miscellaneous cases. 3. It may be pointed out that contemner No. 2 was not a party to the applications under section 24 C.P.C. in the above miscellaneous cases although, fie dep..Category: Criminal Law | Date: | Hits: 64
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