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Abdul Mannan Shah & others Vs. Kafiran Nessa being dead her heirs: Md. Abdul Gofur Shah and others, 1992, 21 CLC (HCD)

....y order as to cost. The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 103.   ......j deed. In fact the suit has been filed by deceased plaintiff. Deceased plaintiff did not transfer the suit land to the defendant No.1 voluntarily and out of her free will. 5. On the basis of an application filed under section 24 CPC the suit was transferred to the Court of Munsif Naogaon for d..

Category: Evidence Law | Date: | Hits: 7

Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)

....orn in by the sister of the detenu could not be relied on because she had not necessary information about the circumstances. In paragraph 9,11 and 12 of the affidavit-in-opposition it is started that fresh grounds of prejudicial activities were mentioned and his activities inside the jail were preju......o time, namely, on 7. 3. 77 (Annex. B), on 11.4.77 (Annex C) and on 21.7.77 (Annex.X) In this background the order dated 28.1.77 (Annexure-A) will show the malafide of the respondents who without any application of mind and in utter disregard of the liberty of, the citizen has detained the detenu on..

Category: Criminal Law | Date: | Hits: 1

Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ...... Gouranga Chandra Dey................................Petitioner Vs. Deputy Commissioner and others...................Respondent Judgment December 15, 2003. Result: The application is rejected. Order passed by the Joint District Judge, even in appeal, is not open ..

Category: Civil Law | Date: | Hits: 2

Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)

....earned Judge of the Adalat are void. 20. Under the above circumstances, this Court has no other option but to send the record back on remand to the concerned District Judge for hearing the appeal afresh by the competent Court of jurisdiction as per section 17 of the family Courts Ordinance, 1985.......am Moinuddin-For the Petitioner.  Nurul Amin and Sakila Rowshan-For the Opposite Parties. Civil Revision No.325 of 1998. Judgment Quamrul Islam Siddiqui J.-This Rule was issued on an application for revision made by the defendant-petitioner under section 115(1) of the Code of Civil ..

Category: Procedural Law | Date: | Hits: 31

Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)

....decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......uty Attorney-General - For the Respondent. Writ Petition No.5536 of 2009. Order Md. Mamtaz Uddin Ahmed J.- Supplementary affidavit filed on behalf of the petitioners do form part of the main application. This is an application under Article 102 of the Constitution of the People's Republic o..

Category: Civil Law | Date: | Hits: 37

Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)

....ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ...... Lawyers Involved: None appears -For the Petitioner. S.N. Goswami, Advocate - For the Opposite parties. Civil Revision No.798 of 1989. Judgment Md. Delwar Hossain J.- This rule upon an application under section 115 of the Code of Civil Procedure was issued on 30.3.1989 calling upon th..

Category: Procedural Law | Date: | Hits: 28

Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....ii) upon a report made by a person authorized by him to make investigation for the purpose, that the unfairness in the conduct of such election justify such annulment and, by order in writing, direct fresh election to be held within such period as may be specified in the order. (f) cancel, suspen...... any authority. The Writ Petitioners also most illegally rejected the objection filed by seven persons including Mr. AFM Shah Alam, respondent No.5 who filed objection before the Election Board by an application for inclusion of their names in the Voters list. That being the State of affairs of the ..

Category: Business or Commercial Law | Date: | Hits: 72

Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)

....ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ......vour of the petitioner industry and that in the said certificate the character of the petitioner industry was wrongly mentioned as "Hotel and Restaurant" and that the petitioner on 16-5-2006 filed an application to the Chairman of the Board of Investment to rectify the said mistake and to issue a co..

Category: Fiscal/Taxation Law | Date: | Hits: 40

Joynal Abedin Vs. State, 2011, 40 CLC (HCD)

....not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......Attorney-General with Salma Rahman Assistant Attorney-General - For the State.  Criminal Miscellaneous Case No.5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashin..

Category: Criminal Law | Date: | Hits: 36

Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)

....ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, how­ever without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ...... compensation assessment roll has been prepared and published in respect of the suit land and as such the order of acquisition is illegal, void and not binding upon the plaintiffs. Plaintiff filed an application under Order 39, rule 1 of the Code of Civil Procedure praying for an order of temporary ..

Category: Property Law | Date: | Hits: 19

Abdul Hamid others Vs. Abul Hossain Mir, being dead, his heirs: Abdus Sobhan Mir & others, 1983, 12 CLC (HCD)

.... I do not find any error of law or of procedure in the Judgment. This appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 295. ......ir saham on the basis that the properties belonged to Arman Mir and Jamiruddin Mir. If they have supported the case of the defendants they could claim a double share than what they have claimed by an application for saham. In this view the contentions of the learned Advocate for the appellants ap..

Category: Procedural Law | Date: | Hits: 25

Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)

....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ...... case property was under their lock and key; taking advantage of their absence of the owners from the house some miscreants illegally entered into the case property occupied the same and they made an application to the Sub-Divisional Office (South), Dhaka on 03.12.1973 to release the same and paid M..

Category: Procedural Law | Date: | Hits: 24

Bangladesh Environmental Lawyers Association (BELA) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....th's atmosphere. A recent research under the aieges of World Bank reveals that five sectors have been identified as most relevant to Bangladesh in relation to climate change impact: Costal resources, fresh water resources, agriculture, ecosystem and biodiversity and human health. From these sectors,......howdhury - For Respondent No.12. Dr. A.K.M. Ali - For Respondent No.13. Jamal Uddin Ahmed - For Respondent No.5. Writ Petition No.4958 of 2009. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule nis..

Category: Environmental Law | Date: | Hits: 362

Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)

....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......aintiff withdrawn the said suit for permanent injunction and filed the present suit for partition claiming 2/3rd share of the suit property. 3. After institution of the suit the plaintiff filed an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure praying for an order of tempo..

Category: Procedural Law | Date: | Hits: 26

Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)

....trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ...... Ahmed, the learned Advocate appearing for the accused-petitioners, referring the police report dated 9.8.2001 and the judicial inquiry report dated 3.9.2001 as contained in Annexure B & C to the application submits that the allegation of demanding Tk. 50000/- to the complainant petitioner is ab..

Category: Criminal Law | Date: | Hits: 18

Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)

....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......as on 24.02.2005. The learned Magistrate accepted the charge sheet on 21.05.2005 and took cognizance of the offences against the accused petitioners though the co-accused Faruk Molla had submitted an application on 17.03.2005 for not accepting the charge sheet. 5. Being aggrieved by the proceedin..

Category: Criminal Law | Date: | Hits: 24

Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)

....t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......endant No.1 as Headmaster of the school. Trial Court further found that the plaintiff could not prove by any documentary evidence that he was granted leave for 2 years from 1-5-1997 to 30-4-1999, his application for leave and leave granting order not examined by any other witness in support of his c..

Category: Employment/Service Law | Date: | Hits: 29

Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....e bills related to the contract has been settled long ago and the petitioner duly received all unpaid bills from the Mongla Port Authority, the petitioner has got no locus standi to raise this issue afresh which were past and closed chapter. He further submits that the arbitration proceeding was ini...... arbitrator or umpire for fil­ing the award in Court, it can directly come to the Court and request it to order the arbitrator or the umpire file the award or a signed copy thereof in Court. Such an application will be governed by Article 178 of the Limitation Act, if notice of the award has been g..

Category: Alternative Dispute Resolution | Date: | Hits: 96

Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)

....u/s. 241 (a) Cr.P.C. Thereafter on 22.1.85 the Chief Metro­politan Magistrate ordered, "Put up on 9 2.85 with supplementary Charge-sheets". The Chief Metropolitan Magistrate in acco­rdance with the-fresh split up charge sheets started 5 separate cases, namely, G.R. Case Kos. 44(A), 44(8), 44(C), 4......l J Md. Rafiqullah & another………………………………Petitioners Vs. The State………………………………Opposite Party Judgment January 6, 1986. Result: The application is rejected. Cases Referred to- Nader Ali Shaikh Vs. The State and another, 1984 B..

Category: Criminal Law | Date: | Hits: 144

Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)

....tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......n Report. He added that one Selim, a relation of the accused influenced the doctor, who held post mortem examination of the dead body and thereby obtained a perfunctory report. Thereafter he filed an application to the Magistrate for re-postmortem of the dead body. But as the body was highly decompo..

Category: Criminal Law | Date: | Hits: 127