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Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)
....ve the Rule is discharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ......e Penal Code. Eventually, charge under section 493 of the Penal Code was framed against the petitioner. The case is now pending for trial. 3. Feeling aggrieved the petitioner preferred the instant application and obtained the present Rule. 4. No one appears to support the Rule, although the Ru..Category: Criminal Law | Date: | Hits: 126
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......air the right of transfers in good faith for consideration without notice of the existence of the said option." 24. From a perusal of the aforesaid provision of law we find that for the purpose of application of section 43 of the Transfer of Property Act an element of either fraudulent or erron..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
.... appointed under the provisions of the Defence of Pakistan Rules have been vested in the Government. After the vesting of the properties under President's Order No.29 of 1972 there could not be any fresh vesting of the property in law in the Government of Bangladesh, as contemplated in Act XLV o......itional District Judge has misdirected himself in law in taking the view that Article 14 of the Limitation Act shall apply to the facts and circumstances of the case. According to him, Article 14 has application to a suit for setting aside an order and it has no applicability to a suit for declara..Category: Property Law | Date: | Hits: 64
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
.... concerned 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: 64 DLR (HCD) (2012) 378. ......the case property was under their lock and key; taking advantage of 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 3-12-1973 to release the same and paid Mu..Category: Property Law | Date: | Hits: 66
Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)
....ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ......ical Homes Limited......................Petitioner Vs. Registrar of Joint Stock Companies, Dhaka, Bangladesh...................Defendant Judgment August 27, 1996. Result: The application is allowed. Cases Referred to- Scott Vs. Scott (Frank F.) (London) Ltd., 1940 Ch...Category: Company Law | Date: | Hits: 74
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....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. ......sion having been provided in section 96 of the Bankruptcy Act, 1997 for preferring appeal against the Judgment and decree passed by the Bankruptcy Court and therefore, the question of entertaining an application under Article 102 of the Constitution does not arise at all. Whether notices/summo..Category: Procedural Law | Date: | Hits: 114
....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.
...... miscellaneous appeal is directed against the Order No.102 dated 7.7.2003 passed by the learned Joint District Judge, 1st Court and Artha Rin Adalat, Feni in Execution Case No.3 of 1995 rejecting the application of the appellant under Order XXI Rule 90 of the Code of Civil Procedure.
2. The facts..
Category: Civil Law | Date: | Hits: 145
Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)
.... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ......sed by the Special Tribunal No.3 Dhaka in Special Tribunal Case No.347 of 1993 arising out of Mirpur Police Station case No.42 dated 10‑9‑82 under section 19(a), (f) of the Arms Act, rejecting an application for bad of the appellant. 2. Facts relevant for the purpose of the appeal are, that o..Category: Procedural Law | Date: | Hits: 72
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
.... 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. ......e directed to absorb the petitioner as a Lecturer of the Department of Management of Cheora Government College, Cheora, Police Station Chaddyagram, District Comilla. 3. Annexures‑A and B to this application show that by a notice dated 30‑9‑86 and by another notice dated 8‑9‑87 the Gover..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......uit No.310 of 2003. In the Artha Rin Execution Case No.574 of 2005, the learned Court had put the mortgaged property in auction twice, but it could not be sold. Hence, the decree-holder Bank filed an application under section 33 (5) of Artha Rin Adalat Ain, 2003 for issuance of a certificate as pe..Category: Administrative Law | Date: | Hits: 212
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....n filed by the learned advocate for the Bank and it is neither verified nor supported by any affidavit. But he adds that if the rule is made absolute an opportunity may be given to the Bank to file a fresh application under section 34(1) of the Ain in proper form. 8. We have examined the writ pet......alat on perusal of the record hold that the third execution case is within time. Notice was published for auction sale of the mortgaged property in the execution case. At one stage, the Bank filed an application under section 34 of the Artha Rin Adalat Ain, 2003 (the Ain, in brief) for Civil jail/Ci..Category: Civil Law | Date: | Hits: 159
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....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. ......Md. Nurul Amin, Advocate — For Respondent No. 1 No one appears — For Respondent Nos. 2-3. Writ Petition No. 9097 of 2006. Judgment SM Ziaul Karim J. - This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling up..Category: Civil Law | Date: | Hits: 139
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
....imes and he was given sufficient opportunity to cross-examine the witnesses. We find that the view taken by the learned Judge is absolutely erroneous and misconceived, inasmuehas the petitioner filed fresh applications for recalling the witnesses as well as the examination of witness on behalf of de...... the property measuring an area of 2.24 acres of land by way of 35 numbers of registered kabala deeds; that the defendant Nos.22-24 along with others claimed their respective saham by filing separate application but in fact they have no right, title and interest in the suit land inasmuchas they have..Category: Property Law | Date: | Hits: 58
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......urt, the evidence adduced by the parties and other materials available on the lower Court records including the pleadings and considered those materials along with the grounds taken in the revisional application and the submission made by the learned Advocates for both sides. 12. Admittedly the d..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....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. ...... Opposite party Nos.1 and 2. Civil Revision No.772 of 2003. Judgment Md. Delwar Hossain J.- This Rule was issued at the instance of defendant No.5 and the heirs of the defendant No.6 upon an application under section 115 of the Code of Civil Procedure calling upon the opposite party Nos.1 a..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....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. ......Involved: Subrata Saha, Advocate — For the Petitioner. AKM Fazlul Huq, Advocate — For Opposite Party No. 2. Criminal Miscellaneous No. 1505 of 2009. Judgment MR. Hasan J. - By this application under section 561A of the Code of Criminal Procedure, one petitioner Mohammad Bayazid pr..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
.... technical ground, which was never agitated and decided in the trial Court, and as such, it is found expedient in the interest of justice that the case be sent back to the trial Court on remand for a fresh hearing in the light of the observations made in the body of the Judgment and in accordance wi......e opposite party No.1 is that he spent Taka 2000.00 for improvement of the case land by making earth‑work but the pre‑emptor did not deposit the said improvement cost along with the pre‑emption application and, as such, the case is liable to be dismissed. 4. At the trial the pre‑emptor ex..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......n his favour. But the defendant Nos.1 and 2 lastly refused to do so on 4‑7‑86. Hence, the plaintiff‑petitioner filed the present suit on 2‑9‑86. 3. The plaintiff petitioner also filed an application for temporary injunction on 8‑9‑86 in order to restrain the defendant Nos.1 and 2 fr..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
.... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ......oners started Execution Case Nos.6 and 7 of 1994 for execution of their above decrees. Thereafter the plaintiff, Kafiluddin filed his Tide suit No.21 of 1995 for declaration as aforesaid and filed an application in the suit praying for a temporary injunction for restraining the petitioners 1 and 2 f..Category: Procedural Law | Date: | Hits: 69
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....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. ...... who by the judgment and decree dated 7-8-1995 allowed the appeal and decreed the suit by reversing those of the trial Court. 8. Feeling aggrieved the defendant as petitioner preferred the instant application and obtained the present Rule. 9. Mr. Md. Abdul Awal, learned Advocate appearing with..Category: Civil Law | Date: | Hits: 48
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