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Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
....nt of transfer. We have heard the learned Advocates, perused the materials on record and the Judgment s of the two Courts below which considered each and every aspect of the case and we find no legal defect in the Judgment s of the Courts below. We are of the view that the plaintiff has been able to......etitioner. Md. Zakir Hossain, Advocate ‑ For the Opposite Party No.1. Civil Revision Case No. 384 of 1994. Judgment Md. Mozammel Hoque J.- This Rule was issued directing the opposite‑party No.1 to show cause as to why Judgment and decree passed by the Additional District Judge, 6th..Category: Property Law | Date: | Hits: 157
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......hola, taking cognizance of a case under section 379 of the Penal Code against the accused petitioner and others. We have heard the learned Counsels for the petitioner and the complainant-opposite party and perused the petition and the annexures thereto. 2. It appears that upon a petition of c..Category: Criminal Law | Date: | Hits: 107
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......nst the order dated 12‑8‑95 passed by the learned Subordinate Judge, 4th Court, Dhaka, in Title Suit No.89 of 1969 rejecting the application for amendment of written statement. 2. The opposite party No.1 as plaintiff instituted Title suit No.169 of 1965 in the Court of Subordinate Judge First..Category: Procedural Law | Date: | Hits: 118
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
....or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ......vil Order No. 4474 of 1996. Judgment A M Mahmudur Rahman J.- By this application under Order 39 rule 1 read with section 151 CPC the petitioner seeks issuance of Rule calling upon the opposite party to show cause as to why she shall not be restrained by an order of temporary injunction from e..Category: Civil Law | Date: | Hits: 121
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....deposited the consideration amount as mentioned in the kabala in accordance with law with statutory deposit at the rate of 10%. The appellate Court below also rejected the pre-emption case as bad for defect of parties on the finding that the heirs of deceased-opposite party No.4 Khaitun Bibi have no...... Ali as 5 sons and Sewar Bibi and Khaitun Bibi as two daughters. Ambor Ali died leaving behind 3 sons Misir Ali, Mohammad Ali and Abdul Mannan, pre-emptor petitioner and one daughter Anwara, opposite party No.23 and a widow Tafiran Nessa, opposite party No.24 in S.A. and R.S. record of right were pr..Category: Property Law | Date: | Hits: 88
....al messenger extending the time of giving reply by one more day and the respondent, having received the same on that very date, replied to the second show cause notice on 3.6.1996 and accordingly the defect, if any, regarding the service of second show cause notice have been subsequently cured by su......t any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 263.
..
Category: Labour and Industrial Law | Date: | Hits: 832
M. Tofazzal Ahmed Vs. Jashim Uddm Hayder Faruque, 2007, 36 CLC (AD)
....learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ......onsidering the real facts and circumstances made the Rule absolute. The learned Advocate further submitted that the High Court Division ought to have considered that the appellant-petitioner-opposite party has no right to file any case of civil revision before the High Court Division complying the o..Category: Trust/Waqf Law | Date: | Hits: 117
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
.... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245........- This Rule arises out of an election petition, challenging the Chairman Election of Barakhada Union Parishad within the district of Kushtia. Three persons, including the petitioner and the opposite party No.1, filed nomination paper's and contested the election; the last date for filing nomination..Category: Election Law | Date: | Hits: 301
....bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243.......procured or is otherwise invalid."
6. We may quote section 33, of the Arbitration Act, which runs as follows:
"Section 33. Arbitration agreement or award to be contested by application.
"Any party to an arbitration agreement or any person claiming under him desiring to challenge the existen..
Category: Alternative Dispute Resolution | Date: | Hits: 263
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......nection the learned Advocate further submits that under this section for prevention of the abuse of the process of Court or for the ends of justice, the Court possesses inherent power to restrain any party from proceeding with the suit or proceeding pending in a different Court provided the facts an..Category: Civil Law | Date: | Hits: 130
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....the accused as contained in section 342 CrPC have not been properly complied with. 8. The learned Advocate for the appellant has relied on the decision reported in 5 DLR 509, 39 DLR 14. So far the defect in framing of charge is concerned he has also relied on the decision reported in PLD 1960 (Dh......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ..Category: Criminal Law | Date: | Hits: 95
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......f civil Procedure can be allowed. 16. Law relating to the amendment of plaint is envisaged in Order 6 Rule 17 which runs as follows: "The Court may at any stage of the proceeding allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such a..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ...... Vs. Md. Aslam, 22 DLR 146 SC.; Heyman Vs. Darwins Ltd., 1942 AC 356. Lawyers Involved: Shamim Khaled Ahmed with Md. Mafizul Islam - For the petitioner. ARM Shahidul Islam - For the opposite party. Civil Revision No.6159 of 2001. Judgment AHM Shamsuddin Choudhury J.- The Applicati..Category: Alternative Dispute Resolution | Date: | Hits: 218
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......আদেশ অবৈধ ও বে-আইনী।” 30. Let us see whether the High Court Division was correct in coming to the above findings in the context of the pleadings of the respective party. Annexure-‘9’ to the supplementary affidavit-in-opposition filed by the respondents on..Category: Employment/Service Law | Date: | Hits: 156
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ...... the Petitioners. Abdul Quayum, Advocate ‑ For the Opposite Party No.1. Civil Revision No.1258 of 1991. Judgment Mainur Reza Chowdhury J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and decree dated 29.1.1991 and 4.2.1991 pas..Category: Civil Law | Date: | Hits: 130
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
....ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ......r section 96 of the State Acquisition and Tenancy Act alleging, that they were co-sharers of the holding and that their names have been recorded in the khatian. They further alleged that the opposite party No.7 (in the pre-emption case) got the case land by way of petition and he sold it to the pre-..Category: Property Law | Date: | Hits: 113
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61.......r-Rahman Khan J.- These two Rules were obtained by Nitai Chand Saha and his younger brother Umananda Saha who figured as defendant No.1 respectively in the two suits brought by the plaintiff opposite party for specific performance of an alleged contract. The Rules are directed against the orders o..Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......yat was hit by section 75A of the said Act and was null and void decreed the suit for declaration and recovery of possession. A contention raised by the defendant that the plaintiffs themselves being party to the transaction could not turn round and say that the kabulyat was null and void being in..Category: Property Law | Date: | Hits: 146
Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)
....f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ......e illegalities and to register the petition filed by the appellant bank under Order XXI rule 90 of the Code of Civil Procedure as a Miscellaneous Judicial Case and to give opportunity to the opposite party to file written objection, if any and after hearing both the parties to dispose of the same in..Category: Others | Date: | Hits: 140
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......ered possession of the case land to them but could not prove the same by reliable evidence and Shamshad Ali also did not appear before the Court to depose to the above effect and further the opposite party No.2 Abdur Rashid, in his deposition stated that he had helped the pre-emptor at the time of r..Category: Property Law | Date: | Hits: 84
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