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Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......ree dated 13.05.2009 passed by the High Court Division in First Appeal No.181 of 2004 dismissing the appeal and affirming the judgment and decree dated 13.05.2008 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No. 59 of 1994 decreeing the suit. 2. The facts leading to ..

Category: Property Law | Date: | Hits: 72

Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......of law, the case shall be referred for decision by a Full Bench". 9. Rule 7 of this Chapter provides that every decision of a Full Bench shall be treated as binding on all the Division Courts, and Judges sitting singly, upon point of law or usage having the force of law determined by the Full Ben..

Category: Constitutional Law | Date: | Hits: 247

Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)

....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......t) Judgment KM Hasan J.- The rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 10.8.87 passed by Mr. Md. Sirajul Islam, Subordinate Judge, Habigonj in Misceilaneous Appeal No.49/85 confirming the judgment and order dated 24.4.85 pas..

Category: Property Law | Date: | Hits: 101

State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)

....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......ew to be examined and those few cited witnesses included that 9 years old boy Abdul Hoque being witness No.17 in the charge sheet but we find to our surprise that on the same day the learned Sessions Judge recorded in his order dated 20.11.89 that the public prosecutor submitted before the Court tha..

Category: Criminal Law | Date: | Hits: 76

Mohsin Kabir (Rupan) Vs. Government of the People's Republic of Bangladesh and others, 1991, 20 CLC (HCD)

....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ...... release of the disputed property. Annexure A of the application filed by Respondent  No.3 Khairunnessa on 8.7.91 praying for vacating the order of status quo passed an 17.6.91 by the learned Single Judge sitting during the vacation is the judgment dated 19.9.88 passed by the Court of Settlement in..

Category: Property Law | Date: | Hits: 86

Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)

....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......ppellate Decree No. 198 of 1975. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the defendants is directed against the judgment and decree dated 26.4.73 passed by the Subordinate Judge, 2nd Court, Faridpur in Title Appeal No.58 of 1971 allowing the appeal and setting aside the j..

Category: Property Law | Date: | Hits: 88

Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)

....at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... warrant of arrest in an execution case under the Ain (reliance placed on 13 BLC, 391; 14 BLC, 107 and 716). In some other cases we have also taken the same view. In view of the above, the learned Judge of the executing Court has committed no illegality in passing the impugned order and there is ..

Category: Civil Law | Date: | Hits: 84

Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)

....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......earned Munsif decreed the suit on contest by his judgment and decree dated 30.4.77 and 9.5.77 respectively. On appeal filed by the Present opposite party who was the defendant the learned Subordinate Judge dismissed the appeal being Title Appeal No. 40 of 1977 by his judgment and decree dated 4.3.19..

Category: Property Law | Date: | Hits: 90

Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)

....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......- For the Respondents. First Appeal No.192 of 1999. Judgment Shahidul Islam J.- This First Appeal has arisen out of the judgment and decree dated 12-11-1998 passed by the learned Subordinate Judge, 2nd Court, Narayanganj, in Title Suit No. 344 of 1994 decreeing the suit. 2. The responden..

Category: Property Law | Date: | Hits: 74

Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......ated judgment disposes of both of them. 2. In both the Writ Petitions, Rules Nisi were issued calling upon the respondents to show cause as to why the orders dated 17-4-2002 passed by the Sessions Judge, Bhola in miscellaneous Case Nos. 174 and 175 of 2002 should not be declared to be without law..

Category: Anti-Corruption Laws | Date: | Hits: 200

Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)

.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......rt of Munsif, Manikgonj. 2. The Additional Deputy Commissioner(Rev) Manikgonj on behalf of Monoj Kumar Sarker alias Moinal Sarker filed Partition Suit No.64 of 1986 in the Court of the Subordinate Judge, First Court, Manikgonj claiming a share therein stating that Monoj Kumar Sarker, a co-sharer ..

Category: Property Law | Date: | Hits: 68

Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ...... this section shall invalidate a proceeding by reason of its being taken in a wrong Court." 11. Mr. Khondker submits that this Supreme Court of Bangladesh is a creation under the Constitution and Judges of this Court are appointed under the Constitution. When a proceeding becomes pending before ..

Category: Company Law | Date: | Hits: 193

Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)

.... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279.......vision No.1027 of 1982. Judgment Kazi Ebadul Hoque J.- This Rule issued on 4.6.82 is at the instance of the plaintiff challenging the judgment and decree dated 24.2.82 passed by the Subordinate Judge, 1st Court, Patiya in Other Appeal No.3 of 1980 reversing the judgment and decree passed by th..

Category: Property Law | Date: | Hits: 57

State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)

....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267......., Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malik and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj in Sessions Case No.21 of 1987 and have been found guilty under sections 302/149 ..

Category: Criminal Law | Date: | Hits: 111

Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)

....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......The complainant petitioner being aggrieved by that order of the learned Magistrate moved a revisional application under sections 435/439A of the Code of Criminal Procedure before the learned Sessions Judge, Munshiganj which was finally heard and allowed by the learned Sessions Judge, Munshiganj by h..

Category: Criminal Law | Date: | Hits: 88

Joirunnessa and others Vs. Abdul Matalib being dead his legal heirs; Alta Begum and others, 2009, 38 CLC (AD)

....rder of Trial Court is liable to be restored and accordingly restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 302.......ment and order dated the 8th day of November, 1998 passed by the High Court Division in Civil Revision No. 1697 of 1994 discharging the Rule affirming those dated 27.02.1994 passed by the Subordinate Judge, 1st Court, Sylhet in Miscellaneous Appeal No.38 of 1990 allowing the appeal granting temporar..

Category: Property Law | Date: | Hits: 65

Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)

.... dif­ferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......dated the 12th day of August, 1999 passed by the High Court Division in Civil Revision No.1407 of 1991 making the Rule absolute setting aside those dated 11.04.1991 passed by the Additional Assistant Judge, 3rd Court, Chittagong in Other Suit No. 66 of 1990 transposing the appellant, a defendant to ..

Category: Property Law | Date: | Hits: 65

Meghna PET Industries Limited and another Vs. 2nd Court of Artha Rin Adalal and another, 2009, 38 CLC (AD)

....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. ......he event of failure of the sponsors of Meghna PET Industries Limited to buy back the shares from IPDC as per agreement the matter shall be referred to arbitrator. It accordingly held that the learned Judge of Artha Rin Adalat concerned committed no illegality in rejecting the appellant’s prayer fo..

Category: Civil Law | Date: | Hits: 78

Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)

....s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......unning hotel business in the first floor of the said premises as tenant of Begum Jahura Hossain. Informant Alfazuddin and his bother instituted SCC Suit No. 58 of 1979 in the 3rd Court of Subordinate Judge, Dhaka for ejectment of the petitioners from the said premises. With a view to grab the suit p..

Category: Criminal Law | Date: | Hits: 83

Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)

.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......Advocate ‑ For the Respondents. Second Appeal No. 192 of 1966. Judgment Abdul Bari Sarker J. - This appeal is directed against the judgment and decree passed by Mr. Sk Sanyal, Subordinate Judge, Additional Court, Jessore, in Title Appeal No. 6 of 1963 affirming those passed by Mr. Q Shar..

Category: Property Law | Date: | Hits: 70