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Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....tional District Judge and Bankruptcy Court, Dhaka in Bankruptcy Suit No.14 of 1999, so far it relates to the petitioner, should not be declared to have been made without lawful authority and is of no legal effect and why the said impugned Judgment and decree dated 13-9-1999 should not be set aside s......y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ..Category: Procedural Law | Date: | Hits: 114
....llant in the course of argument after placing the entire order sheets of the executing Court and other materials on record submits that the executing Court under misconception of law and facts most illegally rejected the highest bidder's application (appellant) for one month time to deposit 25% of t......on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated.
Communicate this Judgment to the Adalat concerned at once.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 444.
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Category: Civil Law | Date: | Hits: 145
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....s nationalised by Gazette notification. Annexure‑Q shows that the present petitioners got remunerations and salaries from the Government upto May, 1989 on Government teachers scale. 21. Now, the legal question arises in the instant cases in, respect of all the petitioners that whether they are ...... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
.... title and possession in the suit property as well as to avoid suffering irreparable loss. 3. The plaintiffs have, in the premises, prayed for declaration that the plaintiffs are the exclusive and legal owners of M/s Combined Food & Cold Storage Ltd. as described in the schedule to the plaint......preferred by the defendant-appellant against Order No.10 dated 27-4-2011, passed by the learned Joint District Judge, 5th Court, Dhaka in Title Suit No.31 of 2011 directing the defendants to maintain status-quo for a period 6 (six) months and prohibiting from taking any step in respect of the suit c..Category: Administrative Law | Date: | Hits: 212
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....n Ghani Bhuiyan - For Petitioners. Md. Imam Hasan - For the Respondent No.1. Writ Petition No.5376 of 2007. Judgment Zinat Ara J.- In this Rule Nisi, the petitioners challenged the legality of the order No.12 dated 27-2-2005 passed by the learned Judge of the Artha Rin Adalat No.4......Ain is to be followed before taking action under section 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ..Category: Civil Law | Date: | Hits: 159
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
.... in Artha Execution Case No.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 21-4-2005 respondent No.1 Al-Arafah......ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ..Category: Civil Law | Date: | Hits: 139
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....r the Courts below committed an error of law occasioning in failure of justice in deciding that the defendants-opposite parties are not licencees and therefore not liable to be ejected. An incidental legal issue in this case is whether a licence is a heritable right. The other incidental issue is wh......ion for a long time resulting in acquisition of title The trial Court framed 5 issues, namely on-(l) maintainability of the suit, (2) existence of right, title and interest of the plaintiffs, (3) the status of the defendants as licencees and (4) the relief prayed for and (5) other reliefs if any. ..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
.... As Surja Kanta Ghosh and others were living in West Bengal they could not come to the then East Pakistan and execute and register the exchange deed for the suit lands in favour of Khanto Bibi due to legal impediments. In such circumstances they appointed Abul Kashem son of Late Khepai Mondal of vil......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....s stated in the FIR, in presence of witnesses and obtained their signature. Further case, as narrated in the FIR, is that, the accused petitioner, having occupied a high official position, has been illegally earning money through corruption from various contractors and that the petitioner demanded T......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ..Category: Anti-Corruption Laws | Date: | Hits: 44
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent of the plaint by the plaintiff‑petitioner for another declaration at this belated stage merits no consideration and is rejected. Because allowing of another declaratory relief will not cure the legal defect in the suit. In the result, the Rule is discharged without cost and the Judgment and......a tin shed kutcha hut constructed by the defendant Nos.3 to 5 on the southern portion of the suit land. In this background of the matter, the trial Court by order dated 3‑12‑87 passed an order of status quo on an application for temporary injunction filed by the plaintiff petitioner on 1‑12‑..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
....rties Judgment July 25, 1996. Result: The Rule is made absolute. Cases Referred to- Ashraful Huq and others Vs. Anwar Ahmed and others, 1981 BCR (HC) 301; Asia Khatun being dead her legal heirs and representatives Bulbul Ahmed and others Vs. Rahatun Nessa and another, 15 BLD (AD) 4......ication in the suit praying for a temporary injunction for restraining the petitioners 1 and 2 from proceeding with their Title Execution Case No.6 and 7 of 1994 and obtained an ad‑interim order of status quo on 19‑2‑1995 which after hearing was made absolute vide order dated 15‑7‑1995. ..Category: Procedural Law | Date: | Hits: 69
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....Advocates — For the Petitioner. Shihabuddin Mahmud, Advocate — For the Opposite Parties. Civil Revision No. 5078 of 1995. Judgment SM Ziaul Karim J. - This Rule, calls in question the legality and propriety of judgment and decree dated 7-8-1995 passed by learned Subordinate Judge, Se......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....re-emption arises. Since pre-emptee No.2 became a co-sharer in the case holding earlier than the pre-emptor, no miscellaneous case for pre-emption lies against him. Therefore, the pre-emptor cannot legally pre-empt the land purchased by pre-emptee No.2. This important legal aspect was not consider......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
....াবে চার্জ গঠন করতে হবে।” 30. That being the position we find that there is a clear violation of section 233 of the Code of Criminal Procedure. As regard the legal consequence in the event of such defect the learned Deputy Attorney General submits that in al...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... come to place his argument on the basis of the decisions given in a case Abdul Kader Chowdhury, reported in 28 DLR (AD) 28. He has categorically stated that this case as stands in absolutely lack of legal evidence; as such the very proceeding will be sheer abuse of the process of the Court causing ......is hereby vacated. 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) 262. ..Category: Procedural Law | Date: | Hits: 59
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
....ving behind 3 (three) sons-namely Abdul Jabbar Mondal, Belayet Mondal, Del war Hossain Mondal and 5 daughters Zahiron, Suraton, Sona Bibi, Golapi Bibi and Amena Bibi and Chabiron Nessa (wife), as his legal heirs who had been possessing the land in ejmali according to their respective share. That dur...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ..Category: Property Law | Date: | Hits: 48
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
....o file an appeal. 6. The question is, that whether the appeal by the complainant is competent or not. 7. Let as quote section 205D of the Code of Criminal Procedure to come to a solution of the legal dispute. 8. Section 205D, sub-sections (1) and (2) is fixed that: "Section 205D. (1)&nbs...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ..Category: Criminal Law | Date: | Hits: 39
Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)
....irecting the petitioner to demolish the existing structure of the petitioner on holding No.1/2/E South Kamlapur, Dhaka should not be declared to have been issued without lawful authority and is of no legal effect. 2. The petitioner purchased land measuring 17.77 khatas appertaining to CS plot No.......tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ..Category: Property Law | Date: | Hits: 64
....it Petition No.4604 of 2004 out of which Civil Appeal No.256 of 2009 stating, inter alia, that the environment of Dhaka city is being continuously endangered and threatened by various unplanned and illegal activities originating both from private and public sectors causing irreparable harm to human ...... whole that it would be wholly unjustified to make them a subject of private ownership. The said resources being a gift of nature, they should be made freely available to everyone irrespective of the status in life. The doctrine enjoins upon the Government to protect the resources for the enjoyment ..
Category: Environmental Law | Date: | Hits: 434
....4 of 1997 affirming the order dated 18.08.1989 passed by the Deputy Commissioner, Rangamati in Money Suit No.33 of 1989 shall not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p......is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
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Category: Civil Law | Date: | Hits: 74
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