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Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
.... is condoned. Preparation of the paper book is dispensed with as prayed for. The petitioner is permitted to add additional ground. Ed. This Case is also Reported in: VII ADC (2010) 587.......ers and ascertained that the decree was collusively obtained and accordingly instituted the suit seeking the above relief. 3. The respondent Nos.1-3 entered appearance in the suit and filed an application under Order 7 Rule 11 of the Code of Civil Procedure and prayed for rejection of the pla..Category: Limitation Law | Date: | Hits: 149
Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)
.... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548.......sary steps for preparation of the paper book as per order dated 24.01.2000 within 12 weeks with a default order to the effect that in default the appeal shall stand dismissed. The petitioner filed an application for restoration of the said First Appeal No.75 of 1990 and the High Court Division was p..Category: Civil Law | Date: | Hits: 73
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ...... Zinat Ara J.- This Rule is about the rights of the petitioners to be enrolled in the electoral roll and thus to be registered as voters of the Mohammadpur area of the capital city. 2. On the application of the petitioners under article 102(1)(2) of the Constitution. Rule Nisi was issued cal..Category: Election Law | Date: | Hits: 94
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
.... whichever is appropriate in the circumstances of the case. After expiry of the period or filing of the charge-sheet, as the case may be, the accused must appear before the Court concerned and obtain fresh bail from the Court on the merit of the case.” 25. In a recent order, passed in the case ......icipatory bail. 5. The learned Judges of the High Court Division observed that upon meticulous consideration of the facts and circumstances of the case, they are satisfied that the petitioners’ application should be considered in order to protect the constitutional guarantee of the accused pet..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. ...... Kurigram to the Headmistress of Attaram Bishawar Government Primary School. 3. Mr. Md. Salahuddin Dolon, learned Advocate of this Court, who was present at the relevant time in the Court filed an application for taking appropriate action against the Upazila Education Officer. The learned Advocat..Category: Constitutional Law | Date: | Hits: 201
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....3 of the Limitation Act may profitably be noticed. 12. Order 9, rule 4 enshrines that where a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit or he may apply for an order to set the dismissal aside, and, if he satisfies the Court t......uit. Miscellaneous Case No.4 (A) of 1986 was dismissed for default on 24-2-1987 in the absence of defendant-opposite parties. 5. Defendants-opposite parties, subsequently, on 9-3-1987 presented an application under section 151 of the Code of Civil Procedure for restoration of Miscellaneous Case N..Category: Procedural Law | Date: | Hits: 83
.... 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....... the plaint and contended, inter alia, that the plaintiff filed the suit with false and frivolous allegations and, as such, the suit is liable to be dismissed.
5. On 17-7-88 the plaintiff filed an application praying for amendment of the plaint for incorporating a new claim of damage, which was a..
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......Subordinate Judge under his administrative control any appeals pending before him from the decrees or orders of Assistant Judges. 21. Section 24 of the Code of Civil Procedure mandates that on the application of any of the parties and after notice to the parties and after hearing such of them as ..Category: Election Law | Date: | Hits: 89
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....(1)—A (5) and they are in possession of the suit land. 4. The learned Munsif after hearing decreed the suit but on appeal, the Appellate Court sent the suit back to the trial Court on remand for fresh trial. 5. In the meantime, the suit was renumbered as Title Suit No. 570 of 1984 on being t...... opposite party the relevant agreement was admitted and admitting the relevant agreements the question of limitation was discussed but the facts and circumstances of those cases have got no manner of application so far the present case is concerned. 17. Now let me discuss the decisions cited by t..Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......the same by executing and filing a solenama through his learned Advocate. The suit is liable to be dismissed for reasons stated hereinabove. 5. On 24-6-92 defendant opposite party Nos.1-6 filed an application for collecting specimen signatures of the plaintiff stating, amongst others, that to asc..Category: Procedural Law | Date: | Hits: 85
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......e judgment and dated 25-11-1997 passed by learned Subordinate Judge Second Court, Dhaka in Miscellaneous Case No. 29 of 1995 arising out of a partition suit being Title Suit No.3 of 1983 rejecting an application under section 4 of the Partition Act. 2. Plaintiff-opposite party No.1 has filed the..Category: Property Law | Date: | Hits: 113
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254....... 1905). Lawyers Involved: Md. Fazlul Karim, Advocate—For the Petitioner. Not represented- the Respondents. Writ Petition No. 1272 of 1998. Judgment Abu Sayeed Ahammed J. - This application under Article 102(a)(ii) of the Constitution of the Peoples Republic of Bangladesh has b..Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....never received the same, The petitioner could not show any paper that the said review application ‘as ever filed or the order of revocation was ever stayed or after the revocation he was appointed afresh or that his review application is still pending. The petitioner also has not taken any step du......hijhuli, No.4 Nutanbazar and No.5 Amlapara Union of Mymensingh Pourashava. The Rule has been contested by filing affidavit-in-opposition by respondent No. 1 who denied all the allegations in the rule application stating, inter alia that the area has been lawfully curtailed as the respondent has auth..Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234....... Attorney General—For the Respondent. Reference Application Nos. 31 and 32 of 1998. Judgment Syed Amirul Islam J. - As common question of facts and law are involved in these two reference applications and the parties being same they are heard together and being disposed of by this judgme..Category: Fiscal/Taxation Law | Date: | Hits: 64
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......s published in the Daily Sangram to the effect that the plaintiffs were removed on 7-7-1997 by special general meeting and the defendants Nos.1-10 were co-opted in various posts. The plaintiffs filed application to the respective authorities as regards the illegal occupation of the registered office..Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......e- For the Opposite Party No. 2. AKM Zahirul Haque Assistant Attorney- General—For the State. Criminal Revision No. 717 of 1999. Judgment Md. Abdul Aziz J.- This Rule was issued on an application under section 439 of the Code of Criminal Procedure read with section 435 of the same Co..Category: Criminal Law | Date: | Hits: 40
....im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......-2000 the miscreants with the help of the police dispossessed the from the suit land.
6. On the same date i.e. 29-11-2000 stating the above facts and circumstances, the plaintiff made and moved an application under Order 39 rules 1 and 2 read with section 151 of the Code of Civil Procedure for co..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
.... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......ording to the prayer made by the Investigating Officer in the aforesaid charge sheet. On 10-1-2000 accused Labu Mia surrendered before the Court voluntarily. On behalf of the said accused Labu Mia an application was filed praying for bail or to discharge him stating inter alia that the accused Labu ..Category: Criminal Law | Date: | Hits: 101
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217.......ed execution court, acted illegally and without jurisdiction in passing the impugned order occasioning failure of justice. 8. We are not unmindful of the consistent view held by this Court that an application under section 115(i) of the Code of Civil Procedure is not maintainable against any orde..Category: Civil Law | Date: | Hits: 92
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......f Senior Assistant Judge, Dhaka for hearing and on transfer the said suit was numbered as Title Suit No. 63 of 1995. 3. During the pendency of the appeal the plaintiff opposite party No.1 filed an application on 18-2-1998 under Order 41 rule 27 read with section 151 CPC for sending the registered..Category: Procedural Law | Date: | Hits: 90
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