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Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....ed by framing and discussing issues. He also submits that all the persons having interest of title in the suit property were not brought on record for the proper adjudication of the matter and as the defect of parties is a very vital question in a Partition Suit, non-impleading of interested persons...... Assistant Judge, Fulbari in Other Suit No.23 of 1989 (Partition) should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The opposite party Nos.1-3 as plaintiffs filed Other Suit No.23 of 1989 in the Court of the Assistant Judge, Fulb..Category: Procedural Law | Date: | Hits: 115
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....nst the money involved in the cheques against money-receipts. But the said two cheques issued earlier were not returned. Therefore, those cheques are not encashable and that it involves the question "defective title." The learned Advocate further submits that the learned Judge of the trial Court com...... 2. Pending hearing of the Rule, further proceeding of the above mentioned Sessions Case was also stayed. 3. The relevant facts for necessary purpose of disposal of the Rule are that the opposite party No. 1, Mir Iftekharuddin, being the complainant, Initiated the aforesaid case on 14-9-2006 all..Category: Procedural Law | Date: | Hits: 128
....writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......ut we find that the sum and substance of paragraph 80 of that decision has been already reiterated in Mujlbur Rahman's case. In that paragraph 80 of 50 DLR (AD), Justice Mustafa Kamal, who was also a party in Mujibur Rahman's case only made further analysis clearing the ambiguity in Mujibur Rahman's..
Category: Administrative Law | Date: | Hits: 494
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....ade absolute. The Registration Act, 1908 (Act No. XVI of 1908); sections 28 & 87 The document registered in a Sub-Registry office without having territorial jurisdiction is a nullity. The defect of jurisdiction is not merely of procedure and it is not cured by section 87 of the Registrat...... the petitioners filed a suit for a declaration that the sale deed dated 18-4-1985 be declared as forged, fabricated, without jurisdiction and void as it was registered in favor of defendant opposite party No. 1 in the Sub-Registrar's office at Palong of the District of Shariatpur although the prope..Category: Administrative Law | Date: | Hits: 452
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......verseers of the Parish of St. George. Hanover Square, reported in the Law Reports, Court of Common Pleas, Vol.VI 1871 page 312. In that case it was observed that “In order to constitute residence a party must possess at least a sleeping apartment but that an uninterrupted abiding at such dwelling ..Category: Constitutional Law | Date: | Hits: 386
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......trator. Mr. Bhuiyan further argues that where an arbitrator clause provides for arbitration in terms of the Arbitrator Act, there is no scope for appointment of more than two arbitrators, one by each party to be the arbitrator. In this case Mr. Justice Abdur Rahman Chowdhury was appointed arbitrator..Category: Alternative Dispute Resolution | Date: | Hits: 543
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
..... He lastly submits that the principle of law is enunciated by the highest Court of judiciary that in a case where an application for temporary injunction is pending any party to the case in order to defect the order of the Court which might be passed on such an application, if it does any mischie......1997 affirming the Judgment and decree dated 25-1-1997 and 5-2-1997 respectively passed by learned Assistant Judge, Second Court, Dhaka in Title Suit No.181 of 1994. 2. The predecessor of opposite party No.1 (ka-1(Thha) and opposite party No.2 as plaintiff instituted Title Suit No.181 of 1994 bef..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......gment Md. Nazrul Islam Talukder J.- This Rule at the instance of the accused-petitioner, was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite-party to show cause as to why proceeding of GR No.129 of 2004 arising out of Lalbagh Police Station ..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......SR Paul, Khan Mahbubuddin Ahmed and M. Nurullah, Advocates - Amicus curiae. Civil Revision No.851 of 1991. Judgment Mahmudul Amin Chowdhury J.- This Rule was issued calling upon the opposite party No.1 to show cause why the decree passed in Family Appeal No.1 of 1989 by the Family Appellate..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ...... is satisfied. If the offence comes under section 299 or under one or other of the Exceptions to section 300 it will be culpable homicide not amounting to murder. Culpable homicide is murder when the party inflicting the injury does it with the intention that it would cause death or with the knowled..Category: Criminal Law | Date: | Hits: 98
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......de of Civil Procedure and upon hearing the learned Advocate this Court issued the Rule on the following terms: "Let the records of the case be called for and a Rule issue calling upon the opposite party Nso.1-8 to show cause as to why the judgment and order dated 62.2005 passed in Miscellaneous A..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......aka 5 lakh in that project of shrimp culture. Opposite Party No.2 while attached to the Mongla police station as the officer‑in‑charge, asked the complainant‑petitioner through accused opposite party No.3, Sub‑Inspector of police also attached to the said police station, to pay an illegal gr..Category: Criminal Law | Date: | Hits: 130
....0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ...... Code none of those is entitled to be acquitted on the ground that the other is the aggressor and in this respect law spares none………………………(9) Relationship of the witnesses with a party Relationship of the witnesses with a party cannot be the sole ground of disbelieving their ..Category: Criminal Law | Date: | Hits: 75
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......t and order is neither proper nor in accordance with the law and, as such, is of no legal effect. On reference to this statement made in this petition which we have earlier referred that the opposite party vender filed the application under section 7 of the Act on the ground that they sold for their..Category: Constitutional Law | Date: | Hits: 222
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......ly joined their respective posts on 4-7-2010 and afterwards. On 5-7-2010 the Government stayed all the process of appointments. It further appears from Annexure-X to the application for addition of party that the added respondent as petitioner instituted Writ Petitions No.7042 of 2010 in this Cour..Category: Employment/Service Law | Date: | Hits: 148
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ...... Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 46 DLR (HCD) 136. Lawyers Involved: Sk. Abdullah, Advocate - For the petitioners. Md. Shamsul Huq, Advocate - For the opposite party Nos. 1-10, 12-17,21-24, 26-31 and 33-36. Civil Revision No. 4301 of 1997. Judgment..Category: Property Law | Date: | Hits: 96
....t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
......ot comply the terms and condition of Annexure-B, due to non-cooperation of the respondent No.5. Whether the non-compliance of the terms and condition of Annexure-B was due to non-cooperation of any party under the said agreement, Annexure-B, is not a matter to be decided in this summery proceedi..
Category: Administrative Law | Date: | Hits: 299
.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......was issued at the instance of the defendant Sree Sree Moha Parbhu and Sree Sree Gopal Jew Deities represented Sri Anil Chandra Nath Secretary, Executive Committee, calling upon the plaintiff opposite party to show cause as to why the impugned judgment dated 7.8.1997 and 10.8.1997 respectively passed..
Category: Property Law | Date: | Hits: 102
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