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Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)

....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......inable but such application might be considered as review of the aforesaid order in the facts and circumstances of the case. He submitted that mention of wrong provision of law would not disentitle a party or Court to exercise its power under the relevant law for the administration of justice. In su..

Category: Civil Law | Date: | Hits: 281

Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)

....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ...... the Rule issuing order dated 23-7-2007, all further proceeding of the said case were stayed till disposal of the Rule. 3. For the purpose of disposal of the Rule, relevant facts are that opposite party No. 1 Shadulla Hel Mamun as the complainant filed a petition of complaint dated 18-10-2006 wit..

Category: Employment/Service Law | Date: | Hits: 238

Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)

.... Office is directed to send down the record of the case at once with a copy of the Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......responding to GR Case No.27 of 2007, under sections 11(Ga)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (briefly as Ain-2000), rejecting the Naraji Petition and dis­charging the accused opposite party Nos.1-6 from the case should not be quashed. 2. Short facts leading to this Rule are that o..

Category: Criminal Law | Date: | Hits: 177

MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)

....ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......llowed to remain on bail in order to attend the hearing under section 241A of the Code of Criminal Procedure. 3. Mr. Md. Khurshid Alam Khan the learned advocate appearing on behalf of the Opposite party No.2 has strongly opposed the prayer for bail with­out bringing any allegation for misuse the..

Category: Criminal Law | Date: | Hits: 151

Habib Khan Vs. State, 2012, 41 CLC (HCD)

....ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ..

Category: Criminal Law | Date: | Hits: 176

Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)

....rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......, Advocate - For the petitioner. None appears - For the opposite parties. Civil Revision No. 3167 of 2000 Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the opposite party Nos.1 and 2 to show cause as to why the judgment and order dated 6.4.2000 passed by the learne..

Category: Property Law | Date: | Hits: 155

A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)

....the hearing vide supplementary affidavit learned Advocate submits that the Rule should be made absolute. 10. Learned Assistant Attorney General argues that learned Special Tribunal pointed out the defect that the affidavits of both Mrs. Momtaj Begum and petitioner A. Aziz Mollick contained no men...... A. Aziz Mollick son of late Adal Uddin Mollick of village Shimrile, police station-Siddirganj, district-Narayanganj…………………..Petitioner Vs. The State…………………Opposite party Judgment January 24, 2008. Result: The Rule is made absolute. Lawyers Involved:..

Category: Procedural Law | Date: | Hits: 194

Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

.... as described in schedule B at an annual rent of Tk. 57/-. 4. As the right of said GC Basak was wrong­ly recorded in the amalnama as মধ্যসত্বাধিকারী the amalnama was defective as such the same was can­celled on 18th Chaitra, 1339 B.S. by said GC Basak by way of mak......n 5 of the Limitation Act explaining the delay incurred in filing the same. He submits that after contesting the suit and execution case for so many years it does not lie in the mouth of the opposite party that the decree was passed behind its back. Mr. Rahman seriously raised the contention that th..

Category: Property Law | Date: | Hits: 149

Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)

..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Sayed Hasan Imam Litu…………………..Petitioner Vs. Al-Arafah Islami Bank & another………………………Opposite party Judgment May 4, 2011. Result: The Rule is discharged. Case Referred to- Noor..

Category: Civil Law | Date: | Hits: 217

Shah Alam (Md.) Vs. Bangladesh Water Deve­lopment Board, 2012, 41 CLC (HCD)

....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......the defendant No.5 against award and to pass a decree in terms of award dated 20-8-2005 filed by the learned Arbitrator. 2. The short facts relating for disposal of the rule, is that, the opposite party, Bangladesh Water Development Board, floated Tender Notice No.T-3 of 1987-88 issued from the O..

Category: Civil Law | Date: | Hits: 195

Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)

....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......rt, Chittagong and on 7-8-2004, it was fixed for auction sale of the Judgment debtor's property by an Order dated 23-6-2004. During pendency of the execution case, the opposite-parties 4-13, as a 3rd party to the proceed­ing, filed Misc. Case No.404 of 2004 under Order XXI Rule 58 of the Code of Ci..

Category: Civil Law | Date: | Hits: 161

Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)

....t, throwing away even the rightful possession owner would be an affront to common sense and would be used as an instrument of oppression to the prejudice of parties. It would not be a mere procedural defect or irregularity which can be cured under section 537 Cr.P.C. We have given our anxious con......ed Sessions Judge, Khulna dated 21.11.82 setting aside the order dated 15.10.82 passed in Miscellaneous Case No.152 of 1967. 2. Facts leading to this Rule in short are that the petitioner as first party filed the petition before the Sub-Divisional Magistrate Bagerhat on 30.11.76 for drawing up a ..

Category: Criminal Law | Date: | Hits: 88

Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)

..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ...... to such attachment the Court shall proceed to investigate the claim or objection with the like power as regards the examination of the claimant or objector, and in all other respects, as if he was a party to the suit. Rule 59 of Order 21 provides that the claimant or objector must adduce evi­dence..

Category: Procedural Law | Date: | Hits: 146

Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)

....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ..

Category: Criminal Law | Date: | Hits: 62

Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)

....ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ..

Category: Criminal Law | Date: | Hits: 70

Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)

....umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......h) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Juman Mia………………………Petitioner Vs. Zainab Bibi, wife of Haji Abdus Salam……………………Opposite party Judgment August 7, 1983. Result: The application is rejected. The Transfer of P..

Category: Property Law | Date: | Hits: 73

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......963 (WP) Karachi, page54;Meser Ali and another Vs. The State, 26 DLR (1974) 146;36 DLR 14. Lawyers Involved: G. S. Huq - For the petitioner.  AKM Mozammel Huq Bhuiyan - For the Opposite party No.1.  Md. Nawab Ali - For the State.  Criminal Revision No.258 of 1984. Ju..

Category: Criminal Law | Date: | Hits: 67

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

.... Anwar Hossain Vs. Govt. of Bangladesh and others, reported in 30 DLR 423 it has been observed:- "Non-service of the grounds of dete­ntion as required under section 8 has been considered as fatal defect in the proceeding for detention itself, because, it deprives the detenu from making nec­essi......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..

Category: Criminal Law | Date: | Hits: 78

Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)

....e petitioners if they misuse the privilege of bail in any manner whatso­ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ......e lastly submits that petitioner No.2 being enlarged on bail did never misuse the privilege of bail, so this bail may be confirmed. 8. The learned Assistant Attorney-General appearing for opposite party opposes the Rule and submits that after considering the materials on record the Court below ri..

Category: Criminal Law | Date: | Hits: 95

Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....s from the places wherein their homesteads are situat­ed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......be regular. Similarly, where the report states that symbolical possession is delivered, there is a pre­sumption as to formalities having been complied with. Irregularity is not to be presumed, but a party alleging it may prove it. The writ petitioners did not take any step to rebut the presumption...

Category: Property Law | Date: | Hits: 89