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Sree Jibon Sharma Vs. Sreemoti Subasini Sharma and another, 2010, 39 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ......s Involved: Md. Khurshid Alam Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 2207 of 2009. (From the judgment and order dated the 19th day of July, 2009 pas......n Law the decision of the past maintenance is applicable. The provision of the past maintenance is applicable only for the Muslim ladies. But in respect of Hindu ladies there is no such provision for granting past maintenance and as such, the decisions of the High Court Division and the Courts below..Category: Family Law | Date: | Hits: 182
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
....0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ......on or status quo is a civil contempt. Disobedience to an order of injunction or status quo made under Rule 1 or Rule 2 by doing something for a party's unadvantage entitles a Court under its inherent power to bring back that party to a position where it originally stood as if the order passed have n...... (From the Judgment and Order dated 24th March, 2002 passed by the High Court Division in Civil Revision No. 1221 of 1999) Judgment Surendra Kumar Sinha J. - In this appeal leave was granted to consider whether the High Court Division was justified in interfering with the order of mandatory...... 2003. (From the Judgment and Order dated 24th March, 2002 passed by the High Court Division in Civil Revision No. 1221 of 1999) Judgment Surendra Kumar Sinha J. - In this appeal leave was granted to consider whether the High Court Division was justified in interfering with the order of m..Category: Property Law | Date: | Hits: 84
Category: Constitutional Law | Date: | Hits: 126
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....ng in written objection by suppressing this fact they filed Title Suit No. 116 of 1999 before the learned Subordinate Judge 1st Court, Dhaka. It is contended that in injunction matter which is highly discretionary. The law enjoins that the persons seeking injunction must come with clean hands. But h...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ......er restrained the appellants by an order of ad interim injunction from interfering and disturbing with the business, administration and management of the plaintiff No.1 company and from giving effect to the resolution of the Board Meetings dated 15-4-99 and 28-4-99 of plaintiff No. 1 company and the......ations and also filed an application under Order 39 rule 2 of the code of Civil Procedure praying for temporary injunction and the learned Subordinate Judge directed for issuance of a notice and also granted an ad interim injunction as aforesaid. The present appellants on being aggrieved by this ord..Category: Business or Commercial Law | Date: | Hits: 207
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
.... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ......rants any interference by this Court in the exercise of its Civil Revisional Authority under section 115 of the Code of Civil Procedure. 11. In approaching the question the appellate forum and power contained in the Family Court Ordinance, 1985 may profitably be noticed. Forum and Law relatin...... where under maintaining decision recorded by Family Judge in a Family Suit enhanced amount of maintenance of plaintiff and her minor child on reversing decision rendered by Family Judge with respect to amount of maintenance, defendant as petitioner invoked this Court’s Civil Revisional Jurisdicti......d her claim of dower. 5. Learned Family Judge, Bagerhat awarded part decree in favour of plaintiffs. Learned Family Judge awarded amount of Taka 22000.00 as prompt dower to First plaintiff and granted maintenance for First plaintiff and minor child Second plaintiff for an amount of Taka 250.0..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ......with the functioning of the judiciary in its constitutional duty to protect the liberty of the citizen. All their efforts to avoid coming to Court failed due to the Governments aim at undermining the power and authority of the judiciary through intimidation and vilification. The statements were clea...... Md. Mozammel Hoque J Md. Abdur Rashid J Mainul Hosein & others……………..Petitioner Vs. Sheikh Hasina Wazed……………Respondent Judgment October 24, 2000. Cases Referred To- Sir Edward Snelson Vs. Judges of the High Court, PL......them on bail. High Court or Lower Courts, wherever they go, the Court is as if a safe shelter for the corrupt or accused persons. The lawyer who wants bail should be held responsible or the Court who grants bail should be held accountable. So long it could not be done, the criminals could not be giv..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ......the Case may be, but this Court while exercising its jurisdiction of Habeas Corpus under section 491 cannot act either as appellate Court or cannot exercise revisional jurisdiction. In exercising the power of Habeas Corpus, the Court can only determine whether detention of a person is illegal or imp...... Case Referred To- BADC Vs. Kibria and Associates Ltd., 46 DLR (AD) 97. Lawyers Involved: Probir Halder, Advocate- For the Petitioner Faziul Haque Choudhury, Assistant Attorney- General—For the State. Criminal Miscellaneous Case No.6858 of 2000. Judgment...... view of such legal position, we are of the view that the present application is not maintainable and, as such, the Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This C..Category: Criminal Law | Date: | Hits: 33
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
....f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ...... 353 and 44 DLR (AD) 9 as mentioned above. Their Lordships in the Case reported in 21 DLR (SC) 353 have been held that: “Order XLI, rule 19 of the Code of Civil Procedure gives the requisite power to the appellate Court to re-admit an appeal dismissed for default, “where it is proved that......se No. 37 of 1995 was started. The said miscellaneous Case was dismissed for default on 23-1-1996. The plaintiff-appellant filed an application under section 151 of the Code of Civil Procedure for restoration of the said Miscellaneous Case on setting aside the order dated 23-1-96 which was rejected ......f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ..Category: Property Law | Date: | Hits: 29
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......sdiction of the Court preserved by and mentioned in section 151 of the Civil Procedure Code. The section says: “Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent the......No. 8. The suit was dismissed for want of prosecution. Subsequently, upon an application filed by the plaintiff opposite party No. 8 under Order IX, rule 9 of the Civil Procedure Code, it was ordered to be restored to its original file and number in the Miscellaneous Case No. 17/1990. While ordering......lt with the learned Assistant Judge for dismissing the suit for want of prosecution. It is true that the plaintiff had submitted applications for an adjournment of the hearing, but no adjournment was granted. A party to a suit, by merely submitting an application for an adjournment, is not relieved ..Category: Civil Law | Date: | Hits: 80
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......hich amount was disproportionate to his known sources of income and thereby committed an offence under section (91)(e) of the said Act of 1947. 3. Charge against accused No.2 is that he abused his power as Chairman of Rajdhani Unnayan Kartipakha, briefly RAJUK, and obtained pecuniary advantage fo......993). Abdus Sobhan, Advocate—For the Appellant (In Criminal Appeal No. 1133 of 1993). Majibur Rahman Advocate—For the Appellant (In Criminal Appeal No. 1165 of 1993). M Faruque, Deputy Attorney-General with Abdur Rouf, Assistant Attorney-General; Abul Hossain Azadi, Assistant Attorney-G...... file of Rajuk marked Ext 42 have noticed another fraud. A letter was written by Rajuk to the Additional Deputy Commissioner (LA) Dhaka, to inquire about correctness of the fifteen award certificates granted to the accused Nos.8-15 & 17 obviously expecting favourable reply as those accused were able..Category: Property Law | Date: | Hits: 33
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ......, 2000 based on an order made in June, 99 is absolutely illegal. 10. In this connection, we have also perused the provisions of section 7 of the Special Powers Act. That section deals with the powers in relation to the absconding persons. This section provides that if the detaining authority ...... Judgment July 17, 2000. Lawyers Involved: Munsur Habib with Zainal Abedin and Shahanara Begum, Advocates—For the Petitioner. Fazlul Hoque Chowdhury, Assistant Attorney- General— For the State. Criminal Miscellaneous Case No.3613 of 2000. Judgmen......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ..Category: Criminal Law | Date: | Hits: 29
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......nt Judgment June 12, 2000. Lawyers Involved: Khondker Mahbub Hossain, Senior Advocate with Afzal Hossain, Advocate-For the Petitioner. Syed Mahmud Hossain, Deputy Attorney General—For the Respondents. Writ Petition No. 228 of 1993. Judgment ......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ..Category: Property Law | Date: | Hits: 18
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......d purchase the company’s share worth of Taka 28,86,000.00 on certain conditions. The conditions are that the respondent No. 3 will become the Chairman of the company and all financial and executive power will vest in the Chairman and that BSRS and ICB agreed to reschedule the principal amount of l......oner Vs. United Food Complex Ltd. and another………… Respondents Judgment December 12 & 13, 2000. Cases Referred To- M Moorthy Vs. Drivers and Conductors Bus Service P Ltd (1991) 71 Company Cases 136 (Mad); Faruk (Md) Vs. Abdul Hamid and others 51 D......c limited company which was incorporated on 10-1-81 to carry on business of poultry, fish, dairy, etc. with an authorised capital of 3 crore and a paid up capital of Taka 1,75,000.00. The company was granted a loan of Taka 2,28,70,000.00 by the BSRS the respondent No. 4 by agreements dated 10-6-81 a..Category: Business or Commercial Law | Date: | Hits: 198
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....wing manner- “The Court will have to decide in each Case, particularly when objection is taken, not only the extent of sufficiency of interest but also the fitness of person for invoking the discretionary jurisdiction under Article 102 of the Constitution. Ordinarily it is the affected part......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ...... SAN Mominur Rahman J Md Abdul Quddus J Aleya Begum and others…………...Petitioners Vs. Bangladesh and others…………..Respondents Judgment October 30, 2000 Cases Referred To- Olga Tellis and others Vs. Bombay Municipal Corporat......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ...... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......petitioners, after being substituted continued with the proceedings. 3. The plaint Case, in short, is that: 8 annas of plot No. 1522 measuring 0.08 acre and 0.31 acre of plot No. 1524 appertaining to RS Khatian No. 2325 and SA Khatian No. 992 originally belonged to Kashem Ali and Sorju Bala. Othe......eir father. Thereafter, the heirs of only uncle of Kashem Ali executed and registered a sale deed. They mainly contended that as they were in possession of the suit land the vested property authority granted lease of the suit land to them and they are in possession. 9. On the pleadings, various i..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ......e purpose of reinstatement in the office, and (e) Terms and conditions of service prescribed by the rules, regulations or any other form of delegated legislation made by a body under statutory powers are not contractual, but have statutory force and the dismissal or termination of service in ......on) Present: Md. Abdur Rashid J Sonali Bank and others…………..Petitioners Vs. Md. Jalaluddin and another………….Opposite Parties Judgment October 19, 2000. Cases Referred To- 43 DLR 395, 44 DLR (AD) 260; 48 DLR 330; Malik and ......he Supreme Court of Pakistan in Malik and Haq Vs. Muhammad Shamsul Islam, PLD 1961 SC 531 held. “In the absence of any statutory provision protecting the servant it is not possible in law to grant to him a decree against an unwilling master that he is still his servant. A servant cannot be ..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......d order dated 5-7.1998 passed by the petitioner, as the concerned Magistrate, in Miscellaneous Case No. 15 of 1998, should not be expunged and also to show cause as to why the First Class Magisterial power of the petitioner should not be restored with effect from .10-1999, the date of withdrawal of ...... Case Referred To- Captain Gurbakhsh Singh Vs. State, AIR 1960 (Punjab). Lawyers Involved: Dr. Rafiqur Rahman, Advocate — For the Petitioner. Nikhilesh Dutta, Deputy Attorney-General with Md. Mostafa, Assistant Attorney-General-For the State. Criminal Miscellan......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..Category: Criminal Law | Date: | Hits: 29
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......8. Nurul Huq further submits that apart from the provisions of Order 7 rule 11 of the Code of Civil Procedure, considering the facts and circumstances of the Case, the Court can exercise its inherent power in order to settle the dispute for ends of justice. Nurul Huq further submits that in the earl......nd SK Md Morshed, Advocates—For the Opposite Parties. Civil Revision No. 2757 of 1999. Judgment Mozammel Hoque J.- This Rule was issued calling upon the opposite parties No. 1 to 40 to show cause as to why the order No. 12 dated 27-7-1999 rejecting an application for rejectio...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......itself, there is classification of Criminal Courts only. In the Penal Code the term “Court of Justice” is defined in section 20: “20. The words “Court of Justice” denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicia......4 DLR 533; Noor Ahmed Vs. Fariduddin Ahmed and others, BCR 1987 (AD) 152; Idris Ali and another Vs. State 38 DLR 270 M Lutfullah Vs. Bibi Badrunnessa 20 DLR 1019, Nirman Singh Vs. Thakur-III Rudra Protop Narain Singh, AIR 1926 PC 100, Malik Fatch Khan Vs. Nazibullah Khan 9 DLR, WP (Lahore) 40; Than ......uced or given in evidence in such proceeding. Accordingly, we find no substance in the submission of the learned Advocate for the petitioners. The Rule is, therefore, discharged. The stay order granted earlier by this court is hereby vacated. Send down the lower Court records. 21. The ad..Category: Criminal Law | Date: | Hits: 59