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Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)

....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......s. Abdul Quaiyum with Sasti Sarker-For the opposite Parties. Civil Revision No. 1353 of 1997. Judgment Syed Abu Kowser Md. Dabirush-Shan J.- This rule was issued calling upon the opposite party Nos.1 and 2 to show cause as to why the judgment and decree dated 23.11.96 and 31.12.96 respec..

Category: Property Law | Date: | Hits: 39

Alauddin Vs. State, 1999, 28 CLC (HCD)

....not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......he Petitioner. Md. Mustafa, Assistant Attorney- General— For the State. Criminal Miscellaneous No. 827 of 1994. Judgment Hamidul Haque J.- This Rule was issued calling upon the opposite party to show cause as to why the proceedings of Special Tribunal Case No. 12 of 1994 arising out of..

Category: Criminal Law | Date: | Hits: 29

Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)

....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......in collusion with others either in his own name or in the name of benami filed a good number of cases in order to harass the petitioner and to create illegal pressure upon him but Anwarul Hoq and his party became unsuccessful. Being unsuccessful said Sk Anwarul Hoq again filed an application before ..

Category: Trust/Waqf Law | Date: | Hits: 180

Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)

....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grant­ed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......suit, the plaintiff-petitioners filed an application on 28.9.85 under Order 39 Rule 1 read with section 151 of the Code of Civil Procedure praying for a tempo­rary injunction. The defendant opposite party No. 1 entered appearance and filed written objection to con­test and oppose the prayer for te..

Category: Procedural Law | Date: | Hits: 80

Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)

....e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......h Dutta, Advocate — For the Opposite Parties. Civil Revision No. 88(C) of 1982 Judgment AM Mahmudur Rahman J.- This Rule is against an order refusing to strike off the name of the opposite party No. 1 from the plaint of Other Suit No. 41 of 1978 of the Court of Sub-Judge, 1st Court, Sadar..

Category: Procedural Law | Date: | Hits: 70

M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)

....ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......ief sought for by way of mandatory in­junction has got no market value and the plaintiff has put own valuation. The suit can be enter­tained on the valuation given by plaintiff". 2. The opposite party filed the aforesaid Title Suit against the present petitioners and some others alleging inter ..

Category: Civil Law | Date: | Hits: 159

Dr. Mohammad Golam Kibria Vs. Nurun Nahar Begum & others, 1989, 18 CLC (HCD)

....resent application filed by the petitioner. For the reason stated above, the application is al­lowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ......ocate—For the Oppo­site Party No. 3. Civil Revision No. 90 of 1988. Judgment AM Mahmudur Rah­man J.- This is an application for adding the legal heirs and representatives of the opposite-party No.1 in Civil Revision No.90 of 1988 and for deleting the name of the deceased opposite-party ..

Category: Procedural Law | Date: | Hits: 81

Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)

....g acquired jurisdiction does not strictly comply with the other requirements of the section as to the form of the order and does not state the grounds of his being so satisfied, the order is no doubt defective, but this does not mean that the order is also without jurisdiction. His Lordship further ......chedule were originally held by two brothers Ali Meah Dhali and Amiruddin Dhali. Ali Meah Dhali was the father of the 1st Party-petitioners and Amiruddin Dhali is the father of the 2nd Party-opposite party nos. 1-3. As there was a dispute between Ali Meah Dhali and Amiruddin Dha­li with respect to ..

Category: Criminal Law | Date: | Hits: 32

Wahid Halder Vs. Election Commis­sion & others, 1988, 17 CLC (HCD)

....r. In that view of the matter this Rule is dis­charged without any order as to costs. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 119.......Commission in its re­view order observed, "Presiding Officer made no complaint to Dist. Election Officer or to the Return­ing Officer or to the police authority about his alle­gation that opposite party compelled him to submit a report that poll was not held peacefully, till 23.4.88 when for the ..

Category: Election Law | Date: | Hits: 80

President, National Tuberculo­sis Relief & Rehabilitation Society Vs. Md. Maftabuddin Chowdhury, 1988, 17 CLC (HCD)

....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date. Ed. This Case is also Reported in: 41 DLR (1989) 103.......01 of 1985 by the learned Subordinate Judge, 1st Court, Dhaka, affirming those passed by the learned Munsif, 1st Court, Dhaka in Title Suit No. 586 of 1983. 2. Facts in short are that the opposite party, Md. Maftabuddin Chowdhury instituted a suit being Title Suit No. 586 of 1983 for ejectment of..

Category: Property Law | Date: | Hits: 28

Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)

....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ...... Ahmed, Advocate-For the Opposite Parties. Civil Revision No. 5431 of 2007. Judgment Md. Mamtaz Uddin Ahmed. - The Rule was issued at the instance of the pre-emptee calling upon the opposite party No.1 to show cause as to why the judgment and order complained of in the petition moved in cou..

Category: Property Law | Date: | Hits: 36

Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)

....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dis­missed. End. This Case is also Reported in: VII ADC (2010) 926. ......tements of the witness­es passed their judgments and decrees and found no illegality therein and as such there is no ground to interfere. The reference given by the learned Advocate for the opposite party has force and substance and are applicable in this case." 12. And we are of the view that t..

Category: Trust/Waqf Law | Date: | Hits: 194

Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)

.... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ......fter removing the petitioner temporarily. Said Nurul Huq wanted to be added in the writ petition and the High Court Division by order dated 5.11.2009 allowed the prayer for addition of Nurul Huq as a party. 4. The respondent No.5 contested the rule by filing affidavit-in-opposition contend­ing t..

Category: Election Law | Date: | Hits: 96

Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)

....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550....... are that the petitioner as plaintiff instituted a suit for specific performance of a contract in the Court of the Subordinate Judge, Bhola being Title Suit No. 78 of 1986, against defendant opposite party No. 1 alleging, inter alia, that the defendant entered into an agreement with him for sale of ..

Category: Civil Law | Date: | Hits: 81

Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)

....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531....... nullity. But in 1992 BLD 60 [Abdul Quddus Vs. Md. Mustafa Hossain]. It has been held by Single Bench of this Court that unlike an order of injunction which becomes operative upon being served on the party against whom it is directed, an order of stay takes effect immediately on being passed even if..

Category: Civil Law | Date: | Hits: 70

Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)

....tun mother of the pre-emptees by a registered kabala deed dated 20.06.1987. The pre-emptees are strangers to the land under pre-emption. In fact the deed of ewaz-nama was fraudulently regis­tered to defect the right of pre-emption of the plaintiffs, hence the suit. 3. The defendant Nos.1 and 2 c...... month. The preparation of paper books is dis­pensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880...

Category: Property Law | Date: | Hits: 52

Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)

....ng the title and posses­sion of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.......r section 16A of the Family Court Ordinance, 1985 by his order No.6, dated 02.11.2006. 6. Being aggrieved by the order of the learned Senior Assistant Judge, Bagha, Rajshahi the plaintiff-opposite party filed a Miscellaneous Appeal No.1 of 2007 before the Court of the learned District Judge, Rajs..

Category: Family Law | Date: | Hits: 200

Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)

....rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ......3 the petitioners filed an application with an affidavit for appointing an Engineer of the Public Works Department for ascertaining the proper valuation of the suit land. 7. The plaintiff opposite party filed a writ­ten objection against the same claiming that in the deed of gift the price of th..

Category: Civil Law | Date: | Hits: 65

Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)

....llage. 4. The Defendant Nos. 1-6, 8 and 9 contest­ed the suit by filing written statement denying the material facts stated in the plaint and claiming the suit to be barred by limitation, bad for defect of parties and not maintainable, for want of cause action and asserting that the Angarjure is......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873...

Category: Property Law | Date: | Hits: 27

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....al and became Chief Minister. Due to his resignation SR Bommai became the Chief Minister. There was dissatisfaction to some aspirants in the ministerial berth. One Kalyan Malakery with some followers defected from Janata Dal and he wrote to the Governor enclosing letters of 19 other members expressi......hall act in aid of the Supreme Court. Independence of the Judiciary must be understood not for any personal interest of the Judges but for the administration of justice without fear and favour to any party to any cause. Above constitutional safeguards of service, tenure of office and assurance would..

Category: Constitutional Law | Date: | Hits: 252