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Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......s Rule may briefly be stated as follows: 3. Plaintiff‑Petitioners instituted suit for declaration of title to the land described in the schedule of the plaint. Plaintiff‑Petitioners filed an application for amendment of plaint and learned Munsif on consideration of the matter allowed the pr..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ...... respondent No. 5 was raised by Abdul Latif, Advocate in Writ Petition No. 650 of 1990 and the said petition was rejected on 10.4,90; that the respondent No.5 along with his nomination paper filed an application stating that due to printing mistake in the voters list published on 15.2.90 his actual ..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....rnners got direction to comply with the order of release passed by this Court. Accordingly the detenus were released in the forenoon. But when the detenus were about to go out of the Jail gate a fresh order of detention dated 8.4.89 was served on them by Mr. Abdul Majid, Sub-Inspector of Police...... the order of release served upon the said contemner on 6.4.89. The contemners therefore have wilfully and intentionally violated the Court's advance order of release dated 5.4.89. Hence the application for drawing up Contempt of Court proceedings. Two similar and identical affida..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....d and Ali Hossain be evicted from the disputed land (i.e. plot No.131 and 132) and the Court also decides and orders that the distribution of the disputed land (i.e. plot Nos.131 and 132 be recorded afresh in the following manner :- a. A.K. Murshed Ahmed— 0.26 decimals. b. Mir Sayed ......ents up to May, 1953 or in default of such payment the landlord appellant is permitted to sue the tenant for ejectment on the ground of default, that the Summary Military Court No.25 in spite of application has not supplied the plaintiff with the report regarding the fate of the SCC suit N..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
....l Court's decision on the preliminary issue is reversed then the Appellate Court will be in a position to decide and dispose of the whole matter without having to send the case back on remand for fresh trial."
12. So, the exception as has been made in Order 14 rule 2 of the Code of Civ......ar Ali J. - This Rule calls in question an order dated 28.12.85 passed by the learned Munsif (Assistant Judge), Upazila Court Iswardi, District‑Pabna in Other Class Suit No. 98 of 1984 rejecting an application of the defendant‑petitioners praying for dismissing the suit on the ground of maintain..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......plaintiff at a rental of Taka 50/-. The plaintiff paid rent to this defendant up to middle of 1975 and thereafter did not pay any further rent and consequently this defendant was bound to submit an application to defendant No.4 for eviction of the plaintiff from the suit land. The proceeding for e..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....Case No.744 of 1988 of the Court of Sessions Judge, Narayanganj may continue except that Ranjana Rani Das should not be released from judicial custody the Sessions Judge, Narayanganj did not pass any fresh order regarding the custody of the victim girl.
5. On 6.12.88 the victim girl Ranjana Rani ......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....fect pull) an end to the lien, which the repairer had for the charges of the repair and cannot be revived because the repairer under-takes further repairs merely out of grace and not as a matter of fresh contract. 17. Section 170 says lien exists in the absence of a contract to the contrary. ......f my learned brother M.H. Rahman J. 2. Facts are simple: — Appellant brought the suit being Money Suit No. 137 of 1983 in the Court of the Subordinate Judge Chittagong and filed also, an application under Order 38 Rule 5 for attachment of the scheduled properties before judgment. Plaint..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......P.W.1 Kazi Nazrul Islam, the Chairman of the Rangamati Pourashava, stated that the appellant was a tax collector of the Pourashava from 19.9.77 to October, 1982 and Shanti Mohan Chakma submitted an application Ext. I with the allegations that the appellant misappropriated money of the Pourshava...Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....ion as illegal and a rule was issued on 6.7.87. When the matter came up for hearing on 10.8.87 the Government filed an affidavit stating that it had revoked the impugned order of detention and a fresh order has been passed on the same date detaining the detenu initially for 30 days which w......us after revocation of the impugned order and the detenu is in detention not under the said order but under the subsequent order which is not the subject matter of the present rule. So unless a fresh application is filed in respect of the order of detention dated 15.8.87 it cannot be interfered with..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......on of Jaghabandhu, filed two Redemption suits- Suits Nos. 13 and 14 of 1952 against the heirs of Pran Krishna impleading Chandra Bala as one of the defendants. In these two suits Chndra Bala filed an application to be transposed on the side of the plaintiff (Hriday) but her application was rejected;..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......nts 6 to 9 and the declaration of the property as vested property were all arbitrary, illegal, malafide and without any sanction of law. Upon the said facts and circumstances the petitioner made this application under Article 102 of the Constitution. 4. On behalf of the respondent Nos.1-5 and on ..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......…………………………………...........Petitioner Vs. Sonali Bank of Bangladesh & another………….Respondents Judgment November 19, 1986. Result: The application is summarily rejected. Case Referred to- Satish Vs. Apara, 34 Cal 403 (F.B),..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....y of the plaint which was filed on 07.04.1980 was a separate plaint completely overlooking that the same was unstampted and that the learned Munsif did not pass any order accepting the same as a fresh plaint Even in this Rule the Government is not a patty. In view of the above discussion I am u...... ownership, dominion and control of the properties and assets of the firm came to be vested in the Government of Bangladesh thereunder, the said Government was a necessary party in the application before the High Court Division and whether on account of the failure of the respond..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....rping Matshajibi Samabaya Samity, applied for Baking settlement of the fishery namely, Chatla Beel Group Fishery situated in Baralekha Upazilla of Moulvi Bazar District when the same was eligible for fresh settlement from 01.04.1982 and the Minister of State of the Ministry of Fishery and Livestock ......r Respondent No.1. T. H. Khan with M. A. Wahab Miah, Advocate-For Respondent No. 9. Writ Petition No. 179 of 1985. Judgment Anwarul Haque Chowdhury J. - This Rule arises out of an application under Article 102 of the Constitution read with Constitution (Partial Revived) Order, 19..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......rty & ors. Vs. M.A. Motaleb & ors. reported in 36 DLR (AD) 248. In the reported case the plaintiff obtained an ex parte decree in a suit for specific performance of contract. On an application by the defendant the said ex parte decree was set aside/by the trial court. On revision ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ......g before the Sessions Judge, Additional Sessions Judge or Assistant Sessions Judge but was pending before the Special Martial Law Court, section 8 of Ordinance No.XXXVII of 1983 has no manner of application in the present case. Thereafter the accused petitioner obtained this Rule. 4. Syed ..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......hich the previous permission in writing of the Arbitration Council contract another marriage, nor shall any such marriage contracted without such permission be registered." (2) An application for permission under sub -section "(1) shall be submitted to the Chairman in t..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
....ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ......r.P.C. that is, to take cognizance, if necessary, by holding judicial enquiry. The Sessions Judge's order was challenged again and ultimately it came before the High Court Division under a revisional application. 3. In the meantime the police lodged a suo motu First Information Report against s..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......tate. Criminal Revision No.258 of 1984. Judgment Amin-Ur Rahman Khan J. - The petitioner being an accused in criminal Case No.572A of 1981 under section 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proc..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
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