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....us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
....... Such wrong record of rights cannot be allowed to continue to exist.
Lawyers Involved:
Md. Harun-or-Rashid - For the petitioner.
Md. Omar Faruque, Deputy Attorney General - For the opposite party No.1 and 2.
Civil Revision No. 6608 of 2002
Judgment
Mohammad Abdur Rashid J.- Plaint..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
...."the whole detention was vitiated thereby.” It was further observed, in that case that the further order of the Home Secretary altering the place of detention to Kohat was ineffective to remedy the defect appearing at the stage of the implementation of the Deputy Commissioner's detention order. Th......t thinks fit" which postulates that if it appears to the High Court Division to take appropriate action against an improper or illegal detention of any detenu, it can pass appropriate orders. A third party may also apply on behalf of the detenu. But in case of an application under Article 102(2)(b)(..Category: Criminal Law | Date: | Hits: 114
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ......Abdul Quddus J.- Rule was issued under section 115(1) of the Code of Civil Procedure at the instance of one Momtaz Uddin defendant No.2 respondent-petitioner calling upon plaintiff-appellant-opposite party No.1 to show cause as to why judgment dated 27.4.2002 by Additional District Judge 1st Court N..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Atiqur Rahman @ Milon and others………………………Petitioners Vs. The State………………………….Opposite party Judgment July 26, 2009. Result: The Rule is made absolute in part. The Code of..Category: Procedural Law | Date: | Hits: 142
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. ......Court High Court Division (Civil) Present: Syed Md. Ziaul Karim J Md. Abdul Mazid Miah……………………Petitioner Vs. Sree Shuvendu Sekhor……………………Opposite party Judgment March 2, 2010. Result: The leave is discharged. The State Acquisition ..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. ......j in Money Execution Case No.10 of 1988 rejecting an application under Order XXI rule 58 of the Code of Civil Procedure. 2. The relevant facts, for the disposal of this Rule, are that the opposite party No.1 as plaintiff filed Money Suit No.7 of 1984 in the Court of Subordinate Judge, Narayanganj..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......138 of the Negotiable Instruments Act now pending in the Court of Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that opposite party No.1 as complainant filed a petition of complaint under section 138 of the Negotiable Instrume..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......e cheque, are not or is not genuine, there is no mandate on the bank to pay and the question of any negligence on the part of the customer, such as, leaving the cheque book carelessly so that a third party could easily get hold of it, would afford no defence to the bank.” Their, Lordships cited wi..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......iscellaneous Case No.19918 of 2008. Judgment Siddiqur Rahman Miah J.- This rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite party to show cause as to why the proceedings in ST case No.192 of 2008 arising out of CR Case No.36..Category: Criminal Law | Date: | Hits: 134
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......ntencing the petitioner to suffer, rigorous imprisonment for three years and also to pay a fine of Tk. 3,000/-, in default, to suffer rigorous imprisonment for six months more. 2. The opposite party instituted C.R. case No.5 of 1985 in the Court of Upazila Magistrate, Ukhiya against the pet..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......ation to the submissions advanced by the learned Advocates of both sides. 18. The prosecution in all examined five witnesses, of them P.W.1 was the informant P.Ws. 2, 3 were the members of raiding party. P.W.4 was seizure list witness who disowned the recovery of alamat. P.W.5 was the investigati..Category: Criminal Law | Date: | Hits: 103
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. ......e ought to re-admit after setting aside the ex parte dismissal of the appeal without fixing the matter on subsequent date. It is principle of law that dismissal of default order in the absence of any party is generally signed before rising of the Court. If the appellant file the application on the..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.
......d forth since 6-2-2007 in efforts to agree upon either the appointment of a sole arbitrator or, failing that, Arbitration Tribunal(s) constituted by two Arbitrators one each to be appointed by either party as contemplated in common clause 24.02 of the six Contracts (Annexures-I and J of all the Supp..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....e the suit land was sold to the pre-emptee‑petitioners Nos.1 and 2. It was also contended by the pre-emptee‑petitioners Nos.1 and 2 in their written statement that the preemption case was bad for defect of parties as the preemptor opposite parties omitted to implead other co‑sharer tenants of ......mption of the suit land measuring 0.05 decimal against the pre‑emptee opposite parties claiming themselves as the co‑sharer tenants of the holding by way of inheritance. The pre‑emptee opposite party Nos.3 and 4 sold the suit land to the pre-emptee‑petitioners Nos.1 and 2, who were strangers..Category: Property Law | Date: | Hits: 155
....ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
...... 1994 rejecting an application under Order 14 rule 2 of the Code of Civil Procedure and an application for rejection of the plaint under Order 7 rule 11 of the Code of Civil Procedure.
2. Opposite party Nos.1 and 2 as plaintiffs instituted a suit for partition in the 3rd Court of the Subordinate ..
Category: Procedural Law | Date: | Hits: 152
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......is not to cause damage or injury, the mere signatures of other persons who did not make it cannot be taken within the mischief of definition of forgery. 4. No one appears on behalf of the opposite party. 5. We have gone through the impugned order and the petition Annexure 'A' and report Annexu..Category: Criminal Law | Date: | Hits: 89
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. ......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. ......t 25, 2011. Result: The application is rejected. Lawyers Involved: M Amir-ul-Isam with Tania Amir, Advocates - For Petitioners Md. Khurshid Alam Khan, Advocate - For the Opposite party No.2. Criminal Miscellaneous Case No. 18334 of 2011. Order Salma Masud Chowdhur..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ...... he was given 3 hours time for his reflection. He denied the defence suggestion that at the time of recording the confessional statement of accused Serajul Islam, CID Police Officer and the informant party were present near the accused. 25. P.W.13 Md. Helal Uddin stated that he is a resident of 2..Category: Criminal Law | Date: | Hits: 147
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ...... Appellate Division: Under Order IX Rule 13 of The Code if summons is not duly served on defendant that is a good ground for, setting aside an ex parte decree. Under Order IX Rule 13 of The Code if a party satisfied a Court that summons were not duly served upon him, the Court is bound to set aside ..Category: Procedural Law | Date: | Hits: 120
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