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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 Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously.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.......ey Alam with Samarendra Nath Biswas, Advocates – For the Petitioners. Not represented- the Opposite Party. Civil Miscellaneous Case No. 8 of 2004. Judgment Siddiqur Rahman Miah J.- This application under section 24 of the Code of Civil Procedure originates out of First Appeal No.15 of ..

Category: Property Law | Date: | Hits: 68

Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....Com-missioner so empowered could delegate his authority upon anyone not below the rank of DD of Anti-Corruption Commission to issue the notice and there is no legal bar to do so even now by issuing a fresh authority in accordance with law The delegate, namely the DD, if so authorised by the proper a......§‡ŕ¦˛ŕ¦ľ কার্যালয়’ Rangamati directing the petitioner to submit his wealth statement addressed to the Secretary, Anti Corruption Commission within seven days of that notice. Upon an application by the petitioner under Article 102 of the Constitution a Rule Nisi was issued calling u..

Category: Anti-Corruption Laws | Date: | Hits: 154

Capital Co‑operative Housing Society Ltd. Vs. Director, Land Records and Survey, Government of Bangladesh and others, 1993, 22 CLC (HCD)

.... under rule 42 of the Tenancy Rules, 1955, cancelled the portion of the proceeding referred to in rule 31 relating to RS Khatian No.1600 in question and directed that the proceeding shall be taken up fresh from the said stop of the hearing of those nine appeals. By the said order Mr. Shafayet Ali, m......in, Advocate ‑ For the Respondent Nos. 3‑21. Saidur Rahman, Assistant Attorney General ‑ For the Respondent. Writ Petition No.1080 of 1989. Judgment Mohammad Gholam Rabbani J.- This application under Article 102 of the Constitution by the petitioner, the Capital Co‑operative Hous..

Category: Property Law | Date: | Hits: 125

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. ...... Liquidation) to the Official Liquidator of this Court immediately. 2. Before considering this Rule some facts which are relevant need to be stated. Bangladesh Road Transport Corporation filed an application under sections 162 and 163 of the Companies Act for winding up of the aforesaid Company ..

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....... below allowed the appeal and set aside the judgment and decree passed by the trial Court. 6. Being aggrieved by the aforesaid judgment and decree the plaintiff‑petitioners filed this revisional application and obtained the present Rule on 4.6.82. 7. The Rule is contested by defendant‑oppo..

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.......ose, the exception will not apply. PLD 1975 (SC) 617, AIR 1957 (SC) 469; PLJ 1975 (SC) 406, 1983 PCLJ 628, 1175, PLD 1960 Lah. 990, 12 DLR (WP) 92." 31. The exception requires three things for its application which must concurrently exist namely, that it is a case of‑ (i) sudden quarrel foll..

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....... Petitioner. Not represented‑ the Opposite Parties. Criminal Revision No.80 of 1985. Judgment Muhammad Ansar Ali J.- This rule at the instance of the accused petitioner arises out of an application under section 561A of the Code of Criminal Procedure calling upon the Deputy Commissione..

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.......4 of 1962 into execution in Title Execution Case No.68 of 1964 and tried to evict the defendant Nos.4-10 and the plaintiff there­from. That immediate after filing of the suit, the plaintiff filed an application under Order XXXIX rule 1 of Code of Civil Procedure for temporary injunction restraining..

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. ...... A. Samad, learned Counsel, appearing for the appellants submitted that the decision of the High Court Division is based on no sound principles of law; that the Additional Assistant Judge allowed the application of petitioner transposing her as plaintiff from the category of defendant for effectuall..

Category: Property Law | Date: | Hits: 65

Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......udgment Mohammad Fazlul Karim J. - This Appeal, by leave, is directed against the judgment and order dated 23.08.2001 passed by the High Court Division in First Appeal No.115 of 1999 rejecting the application under Order 41 rule 25 of the Code Civil Procedure. 2. The facts of the case, in shor..

Category: Property Law | Date: | Hits: 112

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. ......ohammad Fazlul Karim J. - This Appeal, by leave, is directed against the judgment and order dated 21.08.2007 passed by the High Court Division in Writ Petition No.7108 of 2007 summarily rejecting the application under Article 102 of the Constitution. 2. The facts of the case, in short, are that o..

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. ......tan Magistrate on 16.6.85 which was marked as Ext. B in the SCC Suit. 8. Thus while the criminal proceeding was going to be disposed of, the accused‑petitioners for the second time filed another application under section 561A of the Code of Criminal Procedure for quashing the proceedings of the..

Category: Criminal Law | Date: | Hits: 83

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

....ded in khatian 243 of the suit mouza. The further case of the plaintiffs is that Haran Mondal and Madhu Mondal surrendered the holding in favour of the landlord and Madhu Mondal and Takim Mondal took fresh lease of the suit lands at Tk. 22 1/2, each by executing two different kabuliats dated 17.2.40...... 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...

Category: Property Law | Date: | Hits: 70

Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)

.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......appeal and that the issues involved in the previous miscellaneous proceeding are substantially and directly involved in the present proceeding and as such the principle of res judicata will have full application to the present miscellaneous proceeding. 6. In reply to this contention the learned A..

Category: Property Law | Date: | Hits: 68

Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)

.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......nterpose, the exception will not apply. PLD 1975 SC 617, AIR 1957 SC 469, PLJ 1975 SC 406, 1983 PCLJ 628, 1175, PLD 1960 Lah. 990, 12 DLR (WP) 92. " 33. The exception requires three things for its application which must concurrently exist namely, that it is a case of‑ (1) sudden quarrel foll..

Category: Criminal Law | Date: | Hits: 68

Bangla Jalpari Lines (Pvt) Ltd. Vs. Continental Grain Company (Canada) Ltd. and others, 1990, 19 CLC (HCD)

....ircumstances the attached vessel in question having left the juris­diction of the Court below and the territorial waters of Bangladesh and the Bank Guarantee in question having been cancelled and no fresh Bank Guarantee having been furnished there is no merit in these two revisional applications. ......st the defendant No. 1 M/s Continental Grain Co. Ltd. (USA) and other 3 defendants, alleging them to be agent of the said defendant No. 1. After filing the said suit the plaintiff petitioner filed an application under Order 38, rule 5 of the Code of Civil Procedure for attachment before judgment of ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 186

Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)

....wed. 14. Now there remains the other aspect for consideration namely, whether the case should be sent for re‑trial or the accused appellant should be released without making him liable to face a fresh trial. 15. Mr. Serajul Huq pleaded for discharge of the accused upon the reason that the ac......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614...

Category: Criminal Law | Date: | Hits: 52

Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)

....ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611........ Lawyers Involved: AK Badrul Huq, Advocate ‑ For the Petitioner. Not represented-the Opposite Party. Civil Order No.2614 of 1990. Judgment Anwarul Hoque Chowdhury J. - This is an application under section 115 of the Code of Civil Procedure and is directed against the judgment an..

Category: Limitation Law | Date: | Hits: 192

Abdus Samad Azad, MP & others Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others, 1991, 20 CLC (HCD)

....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ......Hasan Arif, Deputy Attorney General and Md. Obaidur Rahman Mostafa, Assistant Attorney General‑ For the Respondents. Writ Petition No. 2195 of 1991. Judgment Habibur Rahman Khan J. - On an application under Article 102 of the Constitution of the People's Republic of Bangladesh the Petitio..

Category: Constitutional Law | Date: | Hits: 229

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

....ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ......90 144. Lawyers Involved: MA Samad, Advocate ‑ For the Petitioner. Ozair Faruq, Advocate ‑ For the Respondent. Matter No. 45 of 1988. Judgment Md. Mozammel Haque J. - This is an application under Sections 162 and 163 of the Companies Act, 1913 for winding up of the respondentâ€..

Category: Company Law | Date: | Hits: 190