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Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
.... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ......e there is no misreading or misappreciation of the materials on record. Therefore, the concurrent findings of the Courts below are not liable to be disturbed by the High Court Division in exercise of power under section 115(4) of the Code of Civil Procedure……………..(9) Lawyers Involved: ...... Judgment March 2, 2010. Result: The leave is discharged. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); section 96 The pre-emption proceedings is pending. The pre-emptor sought to prove some documents which are necessary for the purpose determining the real question......9) Lawyers Involved: M. B. Taz Mohammad, Advocate, Md. Toufiq Inam, Advocate - For the opposite party no.1. Civil Revision No. 1070 of 2008. Judgment Syed Md. Ziaul Rahim J.- Leave was granted at the instance of pre-emptee petitioner to consider, whether the impugned judgment and orde..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ......hment of, any property attached in execution of a decree on the ground that such property is not liable 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 wa......he Code of Civil Procedure, 1908 (V of 1908); Order XXI rules 58-61 If in execution of a decree, any property is attached any person interested may raise objection that such property is not liable to attachment. After such claim or objection is raised, the court should investigate and adjudicate ......ication has been rejected. We find substance in this Rule. 5. Accordingly, the Rule is made absolute without any order as to costs. The order of the Executing Court is set aside. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated and the Executing Court i..Category: Procedural Law | Date: | Hits: 128
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......o not been stated when and in what manner the detenu was associated with them so as to give rise to the satisfaction in the mind of the detaining authority required for enabling him to invoke the power of preventive detention, with which he is Empowered under section 3 of the Special Powers Act,......................Respondents Judgment April 5, 1989. Result: The Rule is made absolute. The Special Powers Act, 1974 (XI5 1974); Section 8 (1) A District Magistrate is not competent to make an order of detention with a view to preventing a person from doing a prejudicial act within......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ..Category: Criminal Law | Date: | Hits: 74
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......tion having been exercised in the facts of the present case, we do not think that the learned Single Judge committed any illegality in affirming the order passed by the trial Court in exercise of his power under section 151 of the Code in the facts of the case. There was no lack of jurisdiction of t......ddin Chaklader J AKM Abdul Hakim J Md. Mostafa Rana…………………………Petitioner Vs. Most. Farzana Sultana…………………………………Opposite Party Judgment October 12, 2009. Result: The rule is made absolute. The Code of Civil Pr......itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ..Category: Procedural Law | Date: | Hits: 154
.... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
......e Applications for interim measures of protection and preservation under Section 7 Ka of the Act of the need for this Court to strike an essential balance between the tension evident in this Courts power and authority to direct such interim measures to be effected and the prudence in not encro......s by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
......d the commencement of the arbitration proceedings in each of these case, the learned Advocate for Reliant, Mr. Imtiaz Mohmood has at length collaborated on the scope and ambit of this Courts power to grant ad interim orders under Section 7Ka. Submitting that Section 7Ka arises as an exception to the..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ...... It is a settled proposition of law that when the taking of evidence has already been closed and date was fixed for argument at this stage interference in the proceeding of a Case in exercising the power under section 561A of the Code of Criminal Procedure is not permissible. 11. The learned Ad......…………………...Petitioner Vs. State and another………………………Opposite Party Judgment January 22, 2012. Result: The application is rejected. Cases Referred to- Sonatoon Nessa Vs. Haipattullah Sarker, 41 DLR (AD) 105; Abdul Kashem Vs. State, 43 DLR (AD) ......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ..Category: Procedural Law | Date: | Hits: 167
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ...... aggrieved by the proceedings as brought against them, filed an application under section 561A of the Code of Criminal Procedure before this Court. 9. The paramount consideration in exercising the power under section 561A of the Code of Criminal Procedure is that such an Order would prevent the...... This is an application under section 561A of the Code of Criminal Procedure filed by the petitioners challenging the proceedings of Shahbagh Police Station Case No.48 Dated 25-1-2011 corresponding to GR No.48 of 20011 under section 2(ট)(অ) and 4(2) of the Money Laundering Prevention Act, 2009......to be resolved by the trial Court, on hearing the parties and on examination of the evidence produced before the Court. In the result, the application is summarily rejected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concer..Category: Criminal Law | Date: | Hits: 123
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......ion provides provisions for framing Rules for the postings, promotion etc. of the officers under the judicial service and the Article-116 of the Constitution invests the Honourable President with the power of posting, promotion and discipline of persons employed in the judicial service in consultati...... by the Cabinet Secretary and Chairman Superior Selection Board and others…………………Respondents Judgment February 18, 2008. Result: The Rule is made absolute. Cases Referred to- Dr. Shadin Malik Vs. Government of Bangladesh, Writ petition No.11736 of 2006; Masder Hossain......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......r Court that the services of the respondent-workers were terminated for their alleged trade union activities should not be disturbed because it is not a case of no evidence. This Court exercising the power under the writ jurisdiction is not a Court of appeal to reconsider the entire evidence on reco...... Vs. Chairman; First Labour Court and another…………………Respondents (In all the Writ Petitions) Judgment August 28, 2007. Result: The Rules are discharged. Cases Referred to- Managing Director, Bangladesh Machine Tools Factory Ltd. Vs. Chairman, 2nd Labour Court and a......urported termination is in reality victimization of an officer of a registered Trade Union for his trade union activities, the Court can go behind the order to see the real purpose of termination and grant such relief as it thinks fit. The two propositions should be read together in order to arrive ..Category: Labour and Industrial Law | Date: | Hits: 138
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......1 of the Code of Civil Procedure for consideration at the time of hearing. 14. Now let us see the provision of law under which party can be made in a partition suit. 15. Sub Rule 2 of Rule 10 empowers the Court to add any person as a party to the suit on either of two grounds. (i) he ought ......……………………Petitioners Vs. Ratan Bibi and others………………………Opposite parties Judgment March 11, 2007. Result: The Rule is made absolute. Case referred to- Anil Kumar Vs. Shivnath (1995) 3 SCC 147. Lawyers Involved: Abdul Quddus, Advocate - Fo...... of plaint is allowed. 22. The learned Joint District Judge is directed to dispose of the suit expeditiously preferably within 3 (three) months from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is ..Category: Property Law | Date: | Hits: 85
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......………Petitioner Vs. Court of Settlement and others………………………………..Respondents Judgment June 26, 1996. Result: The Rule is made absolute. Cases Referred to- Rahela Khatun Vs. Chairman, Court of Settlement, 15 DLR 5; Gannysons Limited Vs. Sonali Bank ......lding Finance Corporation on 11‑2‑69, took loan and constructed building on the holding. She entered into an agreement with the petitioner to sell the properties in question and on her failure to grant sale deed the petitioner instituted Title Suit No.3 of 1979, subsequently numbered as Title Su..Category: Property Law | Date: | Hits: 107
....t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
......t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
......………………Respondents
Judgment
June 27, 1996.
Result:
The Rule is made absolute.
Lawyers Involved:
KS Nabi, Advocate ‑ For the Petitioner.
Md. Serajul Huq, Assistant Attorney‑General - For Respondent No. 1.
Writ Petition No.2465 of 1992.
Judgment
Md. Mozamm......t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
..
Category: Property Law | Date: | Hits: 119
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......Akand (Md.)…………………………Appellant Vs. State……………………………Respondent Judgment January 10, 1996. Result: The appeal is allowed. Cases Referred to- Abdur Rahman Mondal Vs. State, 43 DLR (AD) 16; Kazi Ibrahim @ Ibrahim Kazi Vs. State, 11 BLD ......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ..Category: Criminal Law | Date: | Hits: 88
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....Ramchandra Ganesh Bhide and others reported in AIR 1977 (SC) 1222 wherein it has been observed that "It is well‑settled that Rule of practice of the Court not to interfere with the exercise of discretionary power under Articles 226 and 227 of the Constitution merely because two views are poss......eption has been made in respect of a final order under Order IX rule 13 CPC. In both cases appeal will be to the High Court Division. There is room for argument that both the appellate and revisional powers of interference with any "order", interlocutory or otherwise, is expressly barred by section ......……Petitioner Vs. Pubali Bank Limited and others………………………Opposite Parties Judgment June 14 & 15, 1998 Result: The Rules are discharged. Cases Referred to- Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 14 BLD (AD) 196; Belayet Hossa......তী আদেশের বিরুদ্ধে কোন আপীল দায়ের করা যাইবে না।” 16. In the case of Sultana Jute Mills Limited and others leave was granted, inter alia, to consider: "Whether a writ petition or a Civil revisional application will..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....rdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......held: "Since all rules of the Court are intended to secure the proper administration of justice, it is essential that they should be made to serve and be subordinate to that purpose so that full powers of amendment may be enjoyed and, as such, it should always be liberally exercised. The only......ill in no way change the nature and character of the suit rather it is required for the proper and complete adjudication of the suit which is very much consistent, relevant, material and not contradictory of the facts of the plaint. ………………………(15) Cases Referred to- Hanif Ali...... aside. Accordingly, the application dated 24-06-2004 filed by the plaintiff appellants under order VI Rule 17 of the Code of Civil Procedure for amendment of the plaint is allowed. The order of stay granted earlier by this Court stands vacated. The learned Judge of the Court of appeal below is di..Category: Procedural Law | Date: | Hits: 114
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......……………………Appellants Vs. The State………………………………………..Respondent Judgment April 23, 2005. Result: The appeal is allowed. Cases Referred to- Asadur Rahman @ Asad and others Vs. State, 15 B.L.D. 290; Nawabul Alam and others Vs. State, ......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ..Category: Criminal Law | Date: | Hits: 78
....ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
......f the person against whom the decree was passed, the Court may, on such terms as to security or otherwise as it thinks fit, stay execution of the decree until the pending suit has been decided." This power has been clearly given to an Executing Court as well as to the Court in which suit impeaching ......………Award-holder-Petitioner
Vs.
Bangladesh Power Development Board, represented by its Chairman, Wapda Building, Motijiheel Commercial Area, Dhaka and an others……………Judgment-debtor-Opposite Party
Judgment
June 7, 2010.
Result:
The Rule is made absolute.
......al of Title Suit No.367 of 2002 and Title Suit No.40 of 2004 pending before the learned Joint District Judge, Dhaka. It has been also stated in the application that the consent of the lawyers can not grant jurisdiction inasmuch as jurisdiction of a Court is created by statute, it can neither be ..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......pleadings of the writ petition which is not lawful; II) Mr. Harunur Rashid, the Senior Office of the Bank had lawful jurisdiction to file the application under section 34(1) of the Ain as he was empowered, by the Bank on 9-1-2008 to represent the execution case on behalf of the Bank. In support o......……………………Petitioner Vs. Artha Rin Adalat and other…………………………Respondent Judgment May 30, 2010. Result: The Rule is discharged. Cases Referred to- Rahima Auto Rice Mills Vs. Manager, Pubali Bank Ltd., 60 DLR 313;Sheikh Nazmul Haque Vs. Bang......Board of director of 26-12-2002 which is after the loan sanction letter and this shares were transferred later on. Therefore, the disputed question of facts as to whether this petitioner executed any grantee for the loan or was director of Gonophone at the relevant time or whether his resignation wa..Category: Civil Law | Date: | Hits: 154
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......ondent-Petitioners Vs. Chini Miah and others……………………….Defendant-Appellant-Opposite Parties Judgment May 22, 2007. Result: The rule is discharged. Cases Referred to- Constantine Line Vs. I.S. Corporation, 1941 2 ALL E.R. 165. 179; Sova Rani Guha alias Sova Ra......cree drawn up on 28.3.2006 by learned Additional District Judge-in-charge, Fourth Court, Dhaka in Title Appeal No.268 of 2001 stand maintained. No cost. Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. ..Category: Procedural Law | Date: | Hits: 155
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......ngh again took cognizance against the accused petitioner under section 138 Negotiable Instruments Act by order dated 16-11-2006 and that the accused petitioner is on bail on 01-8-2007, he field new power and prayed for adjournment which was allowed and the next date was fixed on 23-10-2007 for tak......n (Dhanu)......................Petitioner Vs. State and another......................Opposite Parties Judgment February 11, 2010. Result: The Rule is discharged. Cases Referred to- Jahid Faisal Vs. Bangladesh, 14 BLC at page 250; Zahid Hossain Vs. State, 61 DLR 386; Ali Akk......ase No.553 of 2006 under section 138 of the Negotiable Instruments Act which is now pending in the Court of Assistant Sessions Judge, 2nd Court, Mymensingh should not be quashed. The order of stay granted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, ..Category: Criminal Law | Date: | Hits: 84
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