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Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......s such other or further orders as to this Court may deem fit and proper 2. The short facts for the disposal of the Rule is as follows. 3. One Abdul Mannaf Contractor the predecessor of opposite party Nos.1-8 as plaintiffs filed SCC Suit No.155 of 1985 in the Court of the Subordinate Judge, 1st..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......re is offer and its acceptance backed by obligation and in such circumstances he submits the government functions in the capacity as a trader and if there is any breach of such contract the aggrieved party can sue for damages but cannot invoke writ jurisdiction. 34. Dr. Rafiqur Rahman, the learne..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......directed against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.186 of 1978. 2. Short facts relevant for the purpose of the case are that the opposite party as plaintiff instituted a suit in the 3rd Court of Subordinate Judge. Dhaka being Money Suit N..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......the final sentence passed by the Court either on the appeal or revision in the High Court Division and also on appeal before the Appellate Division pursuant to a leave petition filed by the aggrieved party. Because the hierarchy of Courts established under the law and Constitution has definite purpo..Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
.... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ......titioner. Fazlul Hoque Chowdhury, Assistant Attorney General—For the State. Criminal Miscellaneous Case No. 4587 of 1999. Judgment Md. Munsurul Haque Chowdhury J.- By this Rule opposite party was called upon to show cause as to why the impugned proceeding of Motijheel PS Case No.13 dat..Category: Criminal Law | Date: | Hits: 43
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563....... of the State Acquisition and Tenancy Act, 1950, briefly the Act, as co-sharers in the above t of Senior Assistant Judge for preemption of the land measuring about 55 decimals transferred by opposite party No. 3 and 4 in favour of the petitioner by a deed of sale executed on 4-5-98 and registered on..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....land of mouja Dhakhin Khan under Gulshan PS. There is a clause in the said agreement that in case the title of the vendor in respect of the land as described in the schedule to the agreement is found defective, the vendor shall be bound to execute a sale deed in respect of House No.78, Sultanganj, R......r dated 11-6-2000 of the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Execution Case No.31 of 1997 directing him to make over possession of schedule ‘Kha’ land to the third party opposite party. 2. This Rule arises out of the following facts: Petitioner instituted t..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......y law, the Court can legitimately look into the maintainability of the suit. 12. An interim relief can be granted only in aid of, and as ancillary to, the main relief which may be available to the party on final determination of his right in the suit. If this be the purpose to achieve which power..Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......her seat. The petitioner was at the material time the Secretary General of Jatiya Party. In the said general election Jatiya Party owned 30 seats in the Parliament and Awami League became the largest party in the Parliament. Jatiya Party acting through its acting Chairman, Mizanur Rahman Chowdhury a..Category: Constitutional Law | Date: | Hits: 196
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......he defendant- appellant-petitioner namely, Mr. Abdur Razzaque Mollah is an inhabitant of Bagerhat District and by profession a Barrister-at-Law practicing in London since long. The plaintiff-opposite party No.1 namely, Md. Qayum Mollah is a resident of Bagerhat district and by profession a Contracto..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....rt of Session if it appears to him the case is exclusively triable by the Court of, Session. The Magistrate has no option but to decide whether charge-sheet was properly submitted or whether there is defect of law in the investigation Clause (c) of section 205C provides that a Magistrate shall send ...... the Petitioner Fazlul Haque Choudhury, Assistant Attorney- General -For the Opposite Party. Criminal Revisional Case No.756 of 2000. Judgment Md. Hamidul Haque J.- By this Rule, opposite party was called upon to show cause as to why the order dated 18-7-99 passed by the Magistrate, 1st ..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
.... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......the Petitioner. Nikhilesh Dutta, Deputy Attorney-General — For the Opposite Party. Criminal Miscellaneous Case No. 294 of 2000. Judgment Md. Hamidul Hoque J.- By this Rule, the opposite party was called upon to show cause as to why the judgment, order of conviction and sentence dated 6..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......tion by petitioner in invoking this Court’s Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure whereupon a Rule was issued calling upon the opposite party to show cause as to why judgment and decree dated 26-1-1998 passed by learned Additional Distr..Category: Property Law | Date: | Hits: 83
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ...... not in the form of Protirokha Sonchoy Potro. It does not make any difference in payment, since the bank guarantee is also a recognised mode of payment. To us it seems that there is no law by which a party to a contract may insist that payment should be made according to its dictates. There is no di..Category: Others | Date: | Hits: 132
.... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
......alities of law at the instance of rich clients but for seeking justice in favour of really aggrieved persons in the greater interest of the society and the people. Justice does not lie in favour of a party where no right has been infringed or violated. Merely because petitioner failed to get lease o..
Category: Property Law | Date: | Hits: 102
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
....ni but they have not been impleaded in this suit as party. 5. The learned trial Court on consideration of the material evidence on record dismissed the suit on the ground that the suit was bad for defect of parties as some necessary parties have been left out. The Court of appeal below also dismi...... Abdul Quayum with Md. Moqbul Hossain, Advocates — For the Opposite Parties. Civil Revision No. 2391 of 1994. Judgment M M Ruhul Amin J. - This Rule was issued calling upon the opposite party Nos. 1 and 10 to show cause as to why the impugned judgment and decree dated l2-4-94 passed by..Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......For the State. Criminal Miscellaneous Case No. 2030 of 1908 Judgment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the 11 accused petitioners calling upon the State opposite party to show cause as to why they should not be enlarged on bail in Sessions Case No. 633 of 1996 p..Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192....... to the Main Branch of Janata Bank at Pabna, although it was the Roster duty of accused Ibrahim Hossain Sarker The relevant documents in connection with the collection of money were also given to the party by hand in violation of the definite office instructions and custom of the bank for sending th..Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....said Order empowers a court to allow a plaintiff to institute a fresh suit for the same subject matter of a suit or part of claim if it is satisfied that the suit would fail by reason of some 'formal defect' or for some 'other sufficient grounds'. 19. What is 'formal defect' has not been defined ......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88...Category: Property Law | Date: | Hits: 83
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