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Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

....pellate Court would be justified in admitting the additional evidence even at the appellate stage, if the Court thinks that but for the additional evidence there would remain some inherent lacuna and defect in the evidence made available before the trial Court. ..................................(34)......r rule 27 Order XLI CPC, the Court held as; 'Where fresh evidence to fill up a gap in the record is discovered pending appeal in circumstances which if no appeal was pending, would have given the party a right to apply for review under Order XLVII, rule 1 of the Civil Procedure Code, the proper ..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......r than one of the two surviving off-springs of the Founding Father of the Nation, a former Prime Minister of the Republic and, of course the Primordial figure of the Republic’s oldest political party, was not before the learned Court below at the time of the charge hearing because of her ailme..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228

Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......wide acclamation of the Petitioner, and humiliate her to the whole world, who is none other than a former Prime Minister of the Republic, the primordial figure in the country’s oldest political party and one of the two progenies of the Founding Father of the Nation, who were lucky enough to mi..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102

Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......wide acclamation of the Petitioner, and humiliate her to the whole world, who is none other than a former Prime Minister of the Republic, the primordial figure in the country’s oldest political party and one of the two progenies of the Founding Father of the Nation, who were lucky enough to mi..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Humayun Khan @ Md. Humayun Khan and another Vs. Anti Corruption Commission and Others, 2010, 39 CLC (HCD)

....les is hereby vacated. Bail of the petitioners is cancelled. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 409. ......ess of sanction is an administrative act and is not subject to any judicial scrutiny. In the case of Nazimuddin (Md) Chairman Vs. Government of Bangladesh reported in 61 DLR 81, where one of us was a party, it was held that there must be a sanction before taking cognizance in respect of a schedule o..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145

State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ...... Magistrate, G.R. Court No.1, Kishoregonj. 8. In the affidavit in opposition the Secretary, Ministry of Home Affairs confirms that the three children were arrested on 22.01.2010 by on-duty police party comprising one Habilder and three Constables of GRP, and two Ansar personnel. The children had..

Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177

Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)

....ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......No.212 of 1990 the petitioner amended the application already submitted for execution of the decree and prayed for realisation of Tk.1,62,000/- with 10% interest and that was allowed. The opposite party failed to appear before the Executing Court and as such the Court started proceeding with the..

Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7

Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)

....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......ary for disposal of this Rule, briefly, be put thus: The informant-petitioner filed an application before the Nari-O-Shishu Nirjatan Daman Tribunal, Barisal alleging, inter alia, that the opposite party No.1, Bahadur Khan is a man of bad character having wife and children. He proposed to marry th..

Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156

Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)

....tion denying the averments made in the Miscellaneous petition and stating, in short that the Pre-emption Miscellaneous case is not maintainable in its form and manner and is liable to be rejected for defect of parties; that the Pre-emption Miscellaneous Case is barred by limitation; that the preempt...... Md. Omar Faruque-For the opposite parties. Civil Revision No.1702 of 2007. Judgment Faruque Ahmed J. - This rule at the instance of the pre-emptee petitioner was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 04.04.2007 passed by the le..

Category: Property Law | Date: 13 Jan, 2010 | Hits: 56

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

.... of the plaintiff No.1 and his brother Abdul Karim on 10.02.1965. The plaintiffs filed a suit before Assistant Judge, 1st Court, Dhaka being Title Suit No.63/1993 but the suit was filed with formal defect. So the plaintiffs withdrew the suit for filing fresh suit. The defendant No.3, constructed ......o.278 of 1993 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- The opposite party Nos. 1 and 2 as plaintiffs on 24.01.93 filed Title Suit No.278 of 1993 in the Court of Joint ..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......ion 18, such suits could be instituted only after obtaining leave from the Court. Section 18 further provides that if the Court is satisfied that the suit has been for the benefit of the trust and no party to the suit was to blame, it may direct the whole or any portion of the costs to be paid. Sect..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)

.... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ......t: ATM Fazle Kabir J Soumendra Sarker J Md. Saiful Islam and others………………………Petitioners Vs. The State and another……………………….....Opposite party Judgment December 8, 2009. Result: The Rule is made absolute. ..

Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14

Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....ave been passed without any law­ful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19   ......y the Ministry on approval of organogram of the Corporation. 60. As stated in the case of Ashutosh Chakma Vs. Rajdhani Unnayan Kartripakkha (Rajuk) reported in 60 DLR (2008) 273 (one of us was a party Tariq ul Hakim, J) it has been held that Master Roll and Work Charged employees employed for a..

Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3

Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)

....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......rther order or orders passed as to this Court might seem fit and proper. 2. In short, the facts relevant for disposal of this Rule are as follows: One A.K.M. Baset, Attorney of the opposite party No.2 and 3, being com­plainant, filed a petition of complaint on 31.07.2007 under Section 138..

Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128

Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)

....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168       ......rred writ petition No.1103 of 1999 before this Court without impleading the petitioners and their co-sharers and obtained Rule. The present petitioner Nos.1-3 and 5 other co-sharers on being added as party in that writ petition contested the Rule, which was discharged on 25-7-2001 by this Court. Aft..

Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5

Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)

....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......Rashid Vs. the State, 60 DLR ( HCD) (2008) 629. Lawyers Involved: Subrata Saha with Md. Belayet Hossain - For the Accused-petitioner . A.K.M. Fazlul Haque, Advocate - For the Opposite party No.2 Md. Jahangir Alam, Assistant Attorney-General - For the Opposite party No.1. ..

Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10

Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)

.... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ......evisional Jurisdiction) Present: Md. Delwar Hossain J Md. Mainul Haque Bhuyan.............................Petitioner Vs. Md. Akkas Miah...............................Opposite party Judgment October 6, 2009. Result: The Rule is discharged. The Code o..

Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127

State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)

.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ......tain all the pages and subsequently when he received the original version of the Court's order on 15.04.2009 he failed to respond to the Court's direction on the understanding that since he was not a party to the Rule, he was not required to send any explanation. He admitted that since he did not pr..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

Tobarak Ali Bepari Vs. Hachen Kha Being Dead His Heirs 1(A) Razzak Kha and others, 2009, 38 CLC (HCD)

....oner has got no cause of action for filing the preemption case and he has also no locus standi for filing pre-emption case. The case is barred by limitation and that the pre-emption case is bad for defect of parties and stated further that the application is not maintainable as per section 88 and......ould not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper." 3. The case of the preemptor in short is that the pre-emptee-opposite party purchased plot No.486 and 510 by a registered Kabala dated 24.9.1970 at a consideration of T..

Category: Property Law | Date: 25 Aug, 2009 | Hits: 3

Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)

....ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......vil Miscellaneous Case No. 154 of 2008. Judgment Md. Rezaul Hasan J. - On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party to show cause as to why the proceedings of Metro Sessions Case No.2155 of 2006 arising out of ..

Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190