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Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....ourt was pleased to frame the following issues: (i) Whether the suit was maintainable in its form; (ii) Whether the suit is filed on proper valuation; (iii) Whether the suit is bad for defect of parties; (iv) Whether the suit is bad for hotch potch; (v) Whether the plaintiff......e- For the Petitioner. Mohammad Ali Azzam, Advocate- For the Opposite. Civil Revision No.244 of 1997. Judgment Abdus Salam Mamun J.- This Rule was issued calling upon the opposite party Nos.1, 3 and 4 to show cause as to why the impugned Judgment and decree dated 20‑5‑1996, d..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......escribed as paddy producing land and it has not been described as a tank. That the case of the petitioner as the plaintiff, in short is that in other Suit No. 1379 of 1980 the Government was not made party and only the Sub-Divisional Officer was made party and in that suit there was a false claim th..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......d that the defendant‑petitioner purchased possession of 2 (two) shop rooms on payment of Taka 3,00,000 as possession value and 2 (two) separate lease deeds were executed by the plaintiff‑opposite party No.1 : in favour of the defendant petitioner and defendant‑opposite party No.2 on 19‑3‑1..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......f the disputed plat along with other lands was acquired for Railway. Therefore, it is not relevant for which purposes the land is used by the Railway Department. The Railway Department was not made a party in Title Suit No.94 of 1989 and it was not aware of the decree passed in that suit. In MLO No...Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......doctor found Asmat's condition was critical and he advised them to take the victim immediately to the Rajshahi Medical College Hospital for proper and better treatment, thereafter the informant‑party brought the victim Asmat Ali to Rajshahi Medical College Hospital by ambulance and got him adm..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....of justice and not to defeat them Mere omission to sign and seal exhibits or deposition sheets does not affect the merit of the case nor the jurisdiction of the Court and such omissions are mere defects or irregularities in the procedure and not an illegality when section 99 of the Code of Civi......Joynal Abedin and Md. Zafar Imam, Advocates- For the Opposite Parties. Civil Revision No.1035 of 1995. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 21‑1‑95 and 28‑1‑95 passed ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......2003 and thereby dropping the proceedings, should not be quashed or any other order passed as this Court may deem fit and proper. 2. The relevant facts are that, the present petitioners as first party filed a petition on 30‑12004 under section 145 of the Code of Criminal Procedure agains..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......rt Division stayed all further proceedings in Sessions Case No.54 of 2061 for 3, months so far as it relates to the petitioner Nos.1‑7. 3. During pendency of the Rule, the information-opposite-party appeared through separate power with representation to assist the State. The informant also fi..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......he defendant No. 1, and the genuineness of the bainapatra. 13. The adverse presumption in the background of illustration (g) of section 114 of the Evidence Act can be drawn against the party or the parties in the suit if he or they do not depose about a fact when he or they personall..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......Advocates‑For the Petitioner. Md. Shamsul Alam, Advocate- For the Opposite Party. Civil Revision No.3313 of 1999. Judgment Abdul Awal J. - Rule issued calling upon the opposite party to show cause as to why the judgment and decree dated 19‑8‑1999 and 25‑8‑1999 respecti..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ...... Kanongo. 15. From the judgment of the High Court Division it appears that the High Court Division only perused the 'Firisti' of the dakhilas Exhibit A series as those were taken back by the party concerned after the disposal of the appeal and did not re‑file before the High Court Divisio..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......or such other order passed as to this court seems fit and proper. 2. The relevant facts necessary for disposal of the Rule are that the above mentioned special case was initiated by the opposite party No.2 Manager, Cox's Bazar Branch, of the City Bank Ltd against the petitioner alleging tha..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......ndent No.1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 983 of 2003. Judgment Amirul Kabir Chowdhury J.- This petition for leave has been filed by 3rd party petitioner Jamir Ahmed against the judgment and order dated 08.04.2003 passed by the High Cour..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......dge, Khulna Sadar for ejectment of tenant and compensation stating, inter alia, that the plaintiffs were owners of the suit premises by purchase from one Maleka Begum with whom the defendant opposite party had a tenancy agreement dated 24.07.1980. Accordingly after the purchase of the suit premises ..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ......of 1995 rejecting the petitioner's case under Order 9, Rule 13 of the Code of Civil Procedure. 2. The facts involved for disposal of the rule are as follows: The predecessor of the opposite party Nos. 1 to 11 late Abdur Rashid Mia as plaintiff brought Other Suit No.58 of 1990 against the p..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....angladesh), and not being a bill of exchange, or promissory note, may be stamped within three months after it has been first received in Bangladesh". 5. The second Power of Attorney is also defective, inasmuch as it does not show that the executant was residing in Bangladesh when he execut......ated 18‑5‑2004 and 29‑8‑2004 respectively passed by this Hon'ble Court in Admiralty Suit No.5 of 2004. 2. Facts relevant for disposal of this Miscellaneous Case are that the opposite party as plaintiff, instituted Admiralty Suit No.5 of 2004 against the vessel MV Accord for recovery..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. .......Petitioner Vs. Mahkota Technology SDN BHD and others..........Opposite Parties Judgment November 10, 2004. Result: The Rules are discharged. Legal proceedings by a party against other party to an arbitration agreement Where a party to an arbitration agreement..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......ight not have the common object of murdering Fatik Mia but it is clear from the evidence that they had the common object of committing an offence of any nature including murder to anyone of the other party. This common object is clear from the fact that all of the appellants rushed to the place of o..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7