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Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)
....to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......wdhury and Md Ekramul Hoque, Advocates ‑ For the Opposite Parties. Civil Revision No. 380 of 2003. Judgment Md Abdur Rashid J. - Brother and mother obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 19‑1‑03 p..Category: Property Law | Date: | Hits: 69
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....gh was burned down by accidental fire. Besides, there was no reason for registration of the deed by Abdul Kader in Mymensingh. We have closely examined the deed. We find the writings on the deed very fresh and of recent origin. So, we do not have any hesitation to affirm the finding of the learned J...... 15 decimals were acquired in LA Case Nos. 40A and 40B of 1989‑90 and they got the compensation as per award. Obaidul Islam made a waqf of 35 decimals of land and on 4‑6‑88 and 27-8‑89 made applications for supplementary list with the Engineer Obaidul Islam Waqf Estate being EC No. 16392. ..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......st against the defendants 1-3 with costs and ex parte against the rest without costs. The plaintiff do get Tk. 97,750/- with interest @15% per annum till realisation." 3. The petitioner filed an application in the said Money Suit slating that the plaintiff has not filed any Execution Case again..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....of 20 days from today after which they will have to surrender to custody to serve out the sentence. In the result, this Rule is discharged but this would not preclude them from coming out with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send d...... Shamsul Hoque Chowdhury - For Opposite Party No.2. Basaratul Moula - For the State. Criminal Revision No. 348 of 1986. Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application made under sections 435 and 439 of the Code of Criminal Procedure and is directed agai..Category: Criminal Law | Date: | Hits: 95
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......roceeding by or under any law, the period between the 1st day of March, 1971 and the 1st day of March, 1972 (both days inclusive), shall be excluded.” 7. Provisions of section 4 has no manner of application to a case where the tenants deposit the arrear rents in the Office of the Controller at ..Category: Property Law | Date: | Hits: 66
.... which having been found not satisfactory the petitioner corporation placed him under suspension by letter dated 19.8.82. A charge of misconduct was framed against him and he was asked to show cause afresh. The respondent No.2 submitted reply denying the allegations, but the petitioner-corporation......iling in an appropriate Court by its order dated 24.4.84. Thereafter the respondent No.2 filed the present complaint case in the 2nd Labour Court at Dhaka on 16.6.84. The respondent No.2 has filed an application under section 14 of the Limitation Act and has stated that the lime taken from 10.4.83..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......o. JM/420 cancelled the licence of the plaintiff under section 22 of the Bangladesh Cinematography Rules, 1972, hence the suit. 4. After filing of the suit on 25‑6‑2002 the petitioner filed an application for temporary injunction under Order XXXIX, rules 1 and 2 read with section 151 of the C..Category: Property Law | Date: | Hits: 62
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......eneral - For the Opposite Party. Criminal Miscellaneous Case No. 5841 of 2003. Judgment AKM Fazlur Rahman J. - This Rule was issued at the instance of accused‑petitioner Basiran Bewa on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to ..Category: Criminal Law | Date: | Hits: 81
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140....... plaintiff petitioner, submits that the trial Court committed a patent illegality in entertaining the miscellaneous case under Order 9 rule 13 of the Code of Civil Procedure inasmuch as the aforesaid application does not come within the ambit of Order 9 rule 13 of the Code of Civil Procedure inasmuc..Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....his country, the Government of the People’s Republic of Bangladesh being confronted with the stupendous task of restructuring the Government machinery and re-organisation of its staff including the fresh appointees in the service of the Republic by the Mujibnagar Government, commonly known as Muji...... Azizul Hasan, Advocate - For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney-General - For the Respondents. Writ Petition No.1541 of 1997. Judgment Md. Mozammel Hoque J.- This is an application for review of the Judgment dated 4-6-97. It is submitted by the learned Advocate that th..Category: Administrative Law | Date: | Hits: 183
.... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134....... and decreed the suit in respect of deed dated 18-2-80 i.e. for 0.741/2 acre of land only.
13. Being aggrieved by the judgment and decree of the appellate Court the plaintiff-petitioner moved this application in revision and obtained the present Rule.
14. Hasan Foez Siddique, the learned Advoc..
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......led the suit for recovery of 7,86,28,200.35 on 1-1 1-95. The suit was registered and the Court passed order for service of fixing 1-7-96. 3. After institution of the suit the respondent 1 filed an application on 14-11-95 under Order 38, rule 5, CPC for attachment before judgment stating that the ..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......mruzzaman, Advocates ‑ For the Opposite Parties. Civil Revision No. 4280 of 2003. Judgment Md Abdul Aziz J. - This Rule has been issued at the instance of the defendant‑petitioners on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite parties to..Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......earned Artha Rin Adalat found that the present petitioner (who was the defendant in the Artha Rin Adalat Suit) committed forgery and used forged documents in the suit. Subsequently, the bank filed an application before the Artha Rin Adalat praying for lodging a complaint against the defendant-petiti..Category: Criminal Law | Date: | Hits: 82
....in error in the impugned decision occasioning failure of justice and thus, on such ground the suit may be sent back-on remand to the trial Court for deciding it on all points after holding the trial afresh.
33. On the other hand, Mr. Mahbub the learned Advocate relying on the decisions reported i......nction and alternately for khas possession on setting-aside an order of requisition of the suit property under section 3 of the (Emergency) Requisition of Property Act, 1948. Plaintiffs also filed an application under Order 39 Rules 1 and 2 read with section 151 of the Code of Civil Procedure for te..
Category: Property Law | Date: | Hits: 64
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......l Code read with section 5(2) of the Anti Corruption Act, 1947. The petitioner appeared before the Court and obtained bail from the Chief Metropolitan Magistrate. Thereafter the petitioner moved this application and obtained the present Rule. 4. Mr. AKM Ali, the learned Advocate appearing on beha..Category: Criminal Law | Date: | Hits: 93
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....n seisin of the matter. He further submits that the Court of Sessions Judge Chittagong erred in law in not setting aside the order dated 15.01.2008 on the ground that Naraji petition is regarded as a fresh complaint and the order dated 15.01.2008 accepting the Naraji petition and directing the RAB t......jumder and Mr. Md. Ohiullah, Advocate - For the petitioner. Mr. AKM Shafiuddin with Mr. Md. Siraj, Advocate - For the opposite party No.2. Criminal Miscellaneous Case No. 6294 of 2008. (An application under section 561A of the Code of Criminal Procedure, 1898 for quashment of proceedings ..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
....he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ......Rin Adalat have contended that in auction sale proceeding in execution of decree, if any 3rd party makes any claim as to the auction sold property or over the property to be auction sold and files an application as 3rd party claimant the legal obligation of the claimant is that he has to furnish a s..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......ower Hossain, Deputy Attorney General, Mr. Zafor Immam, Assistant Attorney General and Mr. Md. Moslemuddin, Assistant Attorney General - For the Respondents. Writ Petition No. 6488 of 2008. (An application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh.)..Category: Constitutional Law | Date: | Hits: 264
....ect of the principle of res judicata under section 11 of the Code of Civil Procedure is generally to impart finality to a judicial decision. After final decision of a case that cannot be reopened for fresh adjudication
19. Purport of the terms and conditions as enunciated in the section for appli......yan, learned senior Advocate, on the other hand, submitted that as none of the issues raised in the present suit was ever adjudicated and finally decided in the earlier suit so there was no scope for application of constructive res judicata.
16. In support, he cited Venkataratnama and others Vs. ..
Category: Civil Law | Date: | Hits: 92
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