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Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)

....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......4th Court of Assistant Judge and SCC Judge, Dhaka in SCC Suit No. 03 of 1994 dismissing the suit. 2. Petitioner as plaintiff instituted the suit in question for ejectment of the defendant-opposite party, a monthly tenant, stating, inter alia, that the suit property originally belonged to Fulesa K..

Category: Tenancy Law | Date: | Hits: 148

Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)

....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ...... of the Code of Civil Procedure against judgment and decree dated 14-07-98 passed by Assistant Judge, 5th Court at Dhaka in Title Suit No.127 of 1997 decreeing the suit for possession. 2. Opposite party as plaintiff instituted the suit under section 9 of the Specific Relief Act for recovery of po..

Category: Civil Law | Date: | Hits: 82

Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)

....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......een registered as Druto Bichar Tribunal Case No.7 of 2008. 3. It appears from the impugned order passed by the High Court Division dated 3-3-2009 that the Rule was issued calling upon the opposite party to show cause as to why the order dated 10-4-2008 passed by the Druto Bichar Tribunal Nos. 2, ..

Category: Criminal Law | Date: | Hits: 34

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......a democracy the Court is assumed by every one to be Supreme. No one debates the supremacy of the Courts. 160. Nixon lost Power because of a Court decision. Jeremy Thorpe, the leader of Liberal party, was brought to Court, Civil Rights of minorities or individuals are protected by the Courts...

Category: Criminal Law | Date: | Hits: 130

Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)

....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12.   ......a is necessary for the sake of healthy environment. In the case of Giasuddin vs. Dhaka Municipal Corporations reported in 17 BLD 577 49 DLR 199 a Division Bench of this Court to which one of us was a party it was held “A public Park is necessary for protecting health and hygiene of the habitants o..

Category: Property Law | Date: | Hits: 55

Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)

....arned Additional District Judge by his independent consideration of the materials on record has concurred the findings of the Election Tribunal that the returned candidate got 722 valid vote and 1731 defective votes while the election- petitioner got 1 valid vote and 53 defective votes in those four......e arises out of an election of the Chairman of No.3 Uttar Khoshbash Union Parishad under PS Barura held on 1-12-97. In the election, AHM, Khaleque since deceased, was elected Chairman. 3. Opposite party No.1 Siddiqur Rahman Bhuiyan challenged the election of said AHM Khaleque by making an electio..

Category: Election Law | Date: | Hits: 79

National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)

....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......ated 19-11-1998 passed by Subordinate Judge 5th Court, Dhaka in Arbitration Miscellaneous Case No. 16 of 1998 by which an arbitrator was appointed by the Court for each of the parties. 2. Opposite party, the contractor, made an application under section 8(2) of the Arbitration Act, 1940, hereinaf..

Category: Alternative Dispute Resolution | Date: | Hits: 186

Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)

....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ...... 5. Additional Bank Interest due to delayed shipment 51,440.00 6. Post Landing Survey charges due to delay. 18,000.00 7. Compensation to the party. 1,50,000.00 8. Loss of Business Continuity. 375000.00 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 214

Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)

....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......vocates appearing for the petitioners, submits that the appellate Court had no jurisdiction to accept the written statement. On the other hand, Mr. Shamsul Alam, the learned Advocate for the opposite party Nos.1 and 2 submits that as the respondents are entitled to answer the appeal’ under rule 12..

Category: Procedural Law | Date: | Hits: 66

Abdus Sattar and others Vs. International Finance Investment and Commerce Bank Ltd., 1999, 28 CLC (HCD)

....ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 4. ......ppeal. In section 7(2) of the Artha Rin Adalat Ain the words ‘অন্ততঃ অর্ধেক অর্থ’ which is very significant, has been used. These words indicate that the aggrieved party should deposit 50% of the decretal amount in cash before preferring any appeal. The legislatur..

Category: Banking Law | Date: | Hits: 108

Government of the People’s Republic of Bangladesh and others Vs. Md. Jahangir Ali and Another, 2001, 30 CLC (HCD)

....wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365.......elay of 1320 days, as such the petitioner filed an application under section 5 of the Limitation Act for condonation of delay. Accordingly a Rule was issued calling upon plaintiff-respondent-opposite party to show cause as to why the delay in filing the Revisional Application should not be condoned...

Category: Procedural Law | Date: | Hits: 88

Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)

....proper provision of law. Miscellaneous case is not a proceeding of original nature. But this is yet a proceeding and section 153 of the Code of Civil Procedure provides the general power to amend any defect or error in any proceeding in a suit for the purpose of determining the real question or issu......te—For the Petitioners. Md. Mahbub Ali, Advocate—For the Opposite Parties. Civil Revision No. 2271 of 2000. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned order dated 4-5-2000 passed by the District Judge, M..

Category: Procedural Law | Date: | Hits: 86

Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)

.... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ......528 Ramjan Ali exchanged his land of Rajshahi with that of his brother Abu Daud by receiving 22 decimals of land from Mirpur mauja. Thereafter before executing partition deed or exchange deed the 3rd party dispossessed Ramjan Ali from 6½ decimals of land in plot No.246. So Ramjan Ali called Abu Dau..

Category: Property Law | Date: | Hits: 36

Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)

....emptee Nos.1 and 2 contested the case by filing a written objection deny­ing all the material averments made in the petition alleging, inter alia, that the case is not maintainable and it is bad for defect par­ties. The vendor sold the land to them by registered kabala dated 31st January, 1998, an......rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604...

Category: Property Law | Date: | Hits: 22

Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)

....judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......2 before the 1st Court of learned Joint District Judge, Meherpur being Title Suit No.3 of 1999 which was decreed on contest. Against that a Title Appeal No.152 of 2001 was pre­ferred by the opposite party No. 2 only and the learned appellate court allowed the appeal by judgment and decree dated 09...

Category: Property Law | Date: | Hits: 25

Kanal Chandra Das being dead his heirs; Reba Rani and oth­ers Vs. Sree Nripendra Chandra Mandal and others, 2010, 39 CLC (AD)

....o prepare paper books out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 577. ......orded in the name of Sreeup and Sreedhar and Thakur Das got .11 acre of land in plot No.100 and after the death of Sreeup and Sreedhar their heirs are in possession of the same and they are necessary party in the suit land after the death of Goyanada her share devolved upon Gadadhar and Gaur as her ..

Category: Property Law | Date: | Hits: 58

State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)

....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......nticipatory bail. The allegation that the case is false or that the case has been instituted out of political rivalry or the omnibus allegation that the Magistrates are being controlled by the ruling party and the petitioner being a member of the opposition party has apprehension that his prayer for..

Category: Criminal Law | Date: | Hits: 68

Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ......he had forgiven respondent No.3. 6. On 4.3.2010, the Bangladesh Legal Aid and Services Trust (BLAST) through its Deputy Director (Legal Aid) Ms. Farida Yeasmin filed an application for addition of party. The application was allowed and the Bangladesh Legal Aid and Services Trust was added as co-p..

Category: Constitutional Law | Date: | Hits: 201

Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)

.... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283.......ourt of Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. The relevant facts are as follows: The above case arose on the basis of a petition of complaint filed by the opposite party No.2 before the Metropolitan Magistrate, Chittagong alleging that the accused petitioner used ..

Category: Criminal Law | Date: | Hits: 39

Gold Topps Co. Hong Kong and others Vs. Trading Corporation of Bangladesh and Another, 2000, 29 CLC (HCD)

.... Suit No. 22 of 1987 within three months from the date of receipt of this order. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 280....... Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question. 2. Short facts relevant for the purpose of the case are that, opposite party No.1 as plaintiff instituted a suit in the 3rd Court of Subordinate Judge and Commercial Court..

Category: Civil Law | Date: | Hits: 91