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Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
....r Rahman (Helal), Advocate - For Respondents. Writ Petition No.7913 of 2007. Judgment Mir Hashmat Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why Order dated 17-5-2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing the...... as such, the Order XXIII of the Code of Civil Procedure is not applicable, wherein the Court has empowered to withdraw the suit or proceeding. He further submits that our apex Court in their various decisions has decided that after filing of a case before the Court of Settlement, the Court of Set..Category: Property Law | Date: | Hits: 66
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....espondent No.2. Writ Petition No.983 of 2000. Judgment Sheikh Abdul Awal J.- By this Rule Nisi the respondents were called upon to show cause as to why the impugned Judgment and decree dated 13-9-1999 passed by the learned Additional District Judge and Bankruptcy Court, Dhaka in Bankr......es the Rule. The learned Advocate in the course of his argument after placing the impugned Judgment and decree of the Bankruptcy Court as evidenced by "Annexure-B" to the writ petition relying on the decisions reported in 5 MLR (AD) 297, 46 DLR (AD) 191, 54 DLR (AD) 6 and 59 DLR (AD) 6 straightfor..Category: Procedural Law | Date: | Hits: 114
.....
With
Civil Rule No. 613(F.M.) of 2003.
With
Civil Rule No.224 (F.M.) of 2004.
Judgment
Sheikh Abdul Awal J.- This first 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 E......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
Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)
....riminal Appeal No.1888 of 1994, Criminal Revision No.1504(R)1994. Judgment Md. Fazlul Haque J.- This appeal under section 30 of the Special Powers Act is directed against the Judgment and order dated 5‑10‑94 passed by the Special Tribunal No.3 Dhaka in Special Tribunal Case No.347 of 1993 ...... 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. ..Category: Procedural Law | Date: | Hits: 72
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....r 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 Governing Body of the Cheora College Au...... 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)
....al No.196 of 2011. Judgment Md. Rezaul Hasan J.- This Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure (the Code) has been 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......Court below and as has recorded in the impugned order. So the order of status-quo should be maintained and the appeal be dismissed. In support of their contention the Respondents No.2-5 relied on the decision reported in 8 BLD (1988) (AD) 29 = 40 DLR (AD) 62 submitted at the time of delivering the J..Category: Administrative Law | Date: | Hits: 212
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....oners. 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, Dhaka in Artha Jari Case N......y any affidavit and, as such, the impugned order dated 27-2-2005 for 6 months Civil custody/issuance of warrant of arrest cannot be said to be lawful. 12. This view of our is also supported by the decision in the case of Sheikh Nazmul Hague Vs. Bangladesh and others, reported in 14 BLC 107, in wh..Category: Civil Law | Date: | Hits: 159
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
.... parties. Civil Revision No.1388 of 2006. Judgment Syed Mohammad Ziaul Karim J.- This Rule, was issued, calling upon the opposite party Nos.1 and 2 to show cause as to why the impugned order dated 17-04-2006 passed by the learned Joint District Judge, Fourth Court, Dhaka, in Title Suit No.2......natural justice. The learned Counsel lastly submits that the learned Judge of the trial Court failed to weigh and sift the materials on record and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 8. Mr. S.N. Goswami, the learned Advocate appearing with..Category: Property Law | Date: | Hits: 58
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....uit for ejectment is not maintainable and that a suit for declaration of title and recovery of khas possession should have been filed. 2. The above issues have arisen out of the Judgment and order dated 19.7.1999 by which the learned Subordinate Judge, 4th Court, Dhaka in Title Appeal No.311 of 1...... licence is a heritable right. The other incidental issue is whether the findings of the Courts below about adverse possession in favour of the defendants is sustainable particularly in view of their decision that the suit for ejectment is not maintainable and that a suit for declaration of title an..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....e 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 and 2 to show cause as to why the impugned Judgment and decree dated 30.1.2003 passed by the learned Joint District Judge, Second Court, Jhenaidah in Title Appeal ......f the appellate Court below misreading and non-reading the evidence on record passed the impugned Judgment and decree in decreeing the suit thereby committed error of law resulting in an error in the decision occasioning failure of justice and the same should be set aside. 12. Mr. Md. Hassan Shah..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
.... of Criminal Procedure, one petitioner Mohammad Bayazid prays for quashing the proceedings of Special Case No. 3 of 2009 corresponding to GR Case No. 451 of 2007 arising out of Kotwali PS Case No. 59 dated 21-6-2007. Under section 161 of the Penal Code read with section 5(2) of the Prevention of Cor......-Corruption Commission (ACC) Rules 2007, prior approval from the Commission is required before laying a trap, which has not been obtained in this case. In support of his contention he referred to the decision of a case reported in 60 DLR 629. He then, drawing our attention to section 32 of the ACC A..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....the Petitioners. Santi Ranjan Karmaker, Advocate ‑ For the Opposite Party. Civil Revision No.402 of 1986. Judgment Gour Gopal Saha J.- This Rule calls in question the Judgment and order dated 28‑11‑95 passed by the learned Subordinate Judge, Netrokona in Miscellaneous Appeal No.192......nity to lead evidence on this point when the question is raised. 10. Mr. Santi Ranjan Karmaker, the learned Counsel appearing for the pre‑emptee‑opposite party, frankly concedes that the cited decision fully applies to the facts and circumstances of the present case and he has nothing to disp..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....e ‑ For the opposite parties. Civil Revision No.33 of 1992. Judgment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff-petitioner calls in question the Judgment and decree dated 30‑10‑91 passed by the Subordinate Judge, Kushtia in Title Appeal No.229 of 1988 reversing......ake it: provided that the transferee, after taking reasonable care to ascertain that the transferor had power to make the transfer, has acted in good faith." 15. The above view is supported by the decision in the case of Hamidullah Talukdar & others Vs. Muslim Khan and others reported in 8 DL..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
....No.39 of 1996. Judgment Sirajul Islam J.- Thus Rule under section 115 (1) of the Code of Civil Procedure at the instance of the defendant Nos.1 and 2 was directed against the Judgment and order dated 5‑10‑95 passed by Subordinate Judge, 1st Court, Chittagong in Other Suit No.22 of 1995 sta......e, the provision of Order 21 rule 29 CPC, in our opinion, will not be applicable in this case. 9. In this connection Mr. Khan Saifur Rahman, the learned Advocate for the petitioners, referred to a decision in the case of Ashraful Huq and others Vs. Anwar Ahmed and others reported in 1981 BCR (HC)..Category: Procedural Law | Date: | Hits: 69
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....in 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, Second Court, Noakhali, allowing Title Appeal No......arned Advocate appearing with Mrs. Chowdhury Nasima, Advocate for the petitioner, seeks to impeach the impugned judgment and decree of the Court of appeal below on the two-fold arguments. Firstly, if decision of the Village Court is unanimous, the decision shall be binding on the parties and shall b..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
.... Islam Siddiqui J.- This rule was issued on an application for revision made by the pre-emptee-petitioner under section 115(1) of the Code of Civil Procedure (the Code) against the judgment and order dated 28.9.1995 passed by the learned Subordinate Judge, 2nd Court, Madaripur in Miscellaneous Appea......ling a miscellaneous case for pre-emption. According to section 47 of the Registration Act, registered document dates back to its date of execution and operates from that date. There are long line of decisions which have settled that registered document operates from the date of its execution and no..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
....2 of 2002. Judgment Md. Ashfaqul Islam J.-This criminal appeal at the instance of the accused-appellant Alkas Gorami has been preferred against the judgment and order of conviction and sentence dated 26.8.2001 passed by the Additional Sessions Judge, Madaripur convicting the accused-appellant ......ocedure that their should be a separate charge for each distinct offence and that being mandatory, the learned counsel submits that the entire case is vitiatedon that score. He placed reliance on the decisions of State Vs. Azahar Gazi - 23 DLR 32 and Abdul Aziz Vs. SekandarAli - 50 DLR 111 on the po..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....th a recommendation to stand trial of the accused-petitioner on 9-2-93 followed by the sanction as required by law received from the office of the then Prime Minister under Memo No.C/14/91/Ctg/1522 dated 18-1-93. Thereafter, the accused-petitioner filed a Naraje-Petition against the submission o......the High Court Division to quash this criminal proceeding initiated on the basis of police report followed by sanction as required by law. Mr. Ariff has 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 st..Category: Procedural Law | Date: | Hits: 59
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....aking ofthe film, the claims payable to FDC stood at Tk.35,93,315/- out of which Tk.. 11,60,000/- remained unpaid. At the time of taking delivery of the release-print of the film they issued two post dated-cheques for payment of the unpaid dues. The cheques were presented by the FDC for encashment, ......dly there was no initial deception at any stage of the transaction and as such section 420 of the Penal Code is not attracted. 7. In support of his submission, Mr. Khan refers to the following two decisions: 1. Sultan Ara Begum Vs. Secretary, reported in 38 DLR (1986) 105. 2. Dewan Obaidur ..Category: Criminal Law | Date: | Hits: 66
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
.... Civil Revision No.648 of 2006. Judgment Md. Mizanur Rahman Bhuiyan J.- This rule was issued calling upon the opposite party Nos.1-10 to show cause as to why the impugned Judgment and decree dated 13.08.2005 and 18.08.2005 respectively passed by the learned Additional District Judge, Kurigr......and valuation of the suit was Tk. 50,000/- and further directed the plaintiffs to pay ad valorem Court fees in the lower Court within 11.05.2001 and thereby committed an error of law resulting in the decision occasioning a failure of justice. He again submitted that the lower appellate Court also co..Category: Property Law | Date: | Hits: 48
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