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Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
..... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......oy Chowdhury with Md. Kamrul Alam Kamal and Mohammad Hasibuddin, Advocates - For the Opposite Party Nos.1, 2 & 4. Civil Revision No.535 of 1998. Judgment SM Emdadul Hoque J.- On an application of the petitioner Nur Mohammad and another under Section 115(1) of the Code of Civil Pro..Category: Property Law | Date: | Hits: 134
....us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......ruque, Deputy Attorney General - For the opposite party No.1 and 2.
Civil Revision No. 6608 of 2002
Judgment
Mohammad Abdur Rashid J.- Plaintiff No.7 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against the judgment and decree date..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......nstitution. There are two remedies open to a person whose right of freedom has been infringed i.e. he may move the High Court Division under Article 102(2)(b)(i) of the Constitution or he may make an application under section 491 of the Code. The only difference under said two remedies is that in ca..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......ly applies in the instant cases before us. As he has given much emphasis on the case of the Indian Jurisdiction, let us first consider whether the principles laid down in that case have any manner of application in the instant cases before us. In AIR case, vires of section 5 of the West Bengal Speci..Category: Criminal Law | Date: | Hits: 177
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ...... would be diminished if it is remained in custody for long time or the applicant will unnecessarily incur heavy loss if the seized goods are not released in favour of the applicant, in such case, the application for taking jimma can be granted………………(20) Under section 561A, Cr.P.C., th..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
.... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ......ly the option of pre-emptor which document he will prove for the purpose of his own success and the pre-emptee has ample opportunity to discard those documents in his cross examination. Therefore the application for re-calling P.W.1 cannot be denoted as belated stage, so the Courts below after appre..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ......se objection that such property is not liable to attachment. After such claim or objection is raised, the court should investigate and adjudicate upon the claim or objection and should not reject the application without assigning any reason. ……………..(3) This is not enough to say simply "..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....ction 138 of the Negotiable Instruments Act arises and can arise only once. Payee can present cheque any number of times during the period of its validity and on each presentation and its dishonour a fresh right, and not cause of action, accrues in his favour." 8. In order to appreciate the submi......e Opposite Parties No.1. Md. Moklesur Rahman Zahid, Assistant Attorney General–For the State. Criminal Miscellaneous Case No.6499 of 2002. Judgment Md. Ali Asgar Khan J.-This Rule on an application filed under section 561 A of the Code of Criminal Procedure was issued calling upon the ..Category: Civil Law | Date: | Hits: 163
....unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
......boratories Limited………………………Petitioner
Vs.
Registrar, Joint Stock Companies, and Firms………………………Respondents
Judgment
January 7, 2010.
Result:
The application is allowed.
The Companies Act, 1994 (XVIII of 1994); Sections 241, 245 and 253
Th..
Category: Company Law | Date: | Hits: 134
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....e been supported by our apex Court. (i) A cheque can be presented for encashment on any number of occasions within the period of its validity and its dishonor on every occasion will give rise to a fresh Cause of action within the meaning of clause (b) or section 141 of the Negotiable Instruments ......an, Deputy Attorney-General with Abdur Rakib Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.19918 of 2008. Judgment Siddiqur Rahman Miah J.- This rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the o..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......olved: S.S. Halder, Advocate —For the Petitioner. Md. Delwar Hossain, Assistant Attorney General—For the State. Writ Petition No.221 of 1989. Judgment Naimuddin Ahmed J. - By this application under Article 102(2) (b)(i) of the Constitution the detention of detenu, Sree Madan Mo..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......by his order dated 16.1.198, 6. Against that order of conviction and sentence the petitioner filed Criminal Appeal No.48 of 1986 in the Court Sessions Judge. As the appeal was out of time he filed an application under section 5 of the Limitation Act for condonation of delay in the filing the appeal...Category: Criminal Law | Date: | Hits: 110
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ...... V of 1908); Order XLI Rule 19 Where there is specific provision of law for re-admission of the appeal then the litigant should invoke that provision. If the defendant filed an application on the same date but under a wrong forum, the learned Judge ought to re-admit after sett..Category: Procedural Law | Date: | Hits: 154
.... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
......ions having such a common premise, and the consequential issues arising for consideration and determination by this court being also similar, this Court now deems it prudent to dispose of all these applications by this common judgment.
5. It is stated that by virtue of the common clause-3 in al..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....dated 25‑11‑85 passed in Misc. Case No.97 of 1980 are set aside without any order as to cost. However, I feel that justice will be met if the case is sent back on remand to the trial Court for fresh trial by taking fresh evidence by giving the pre‑emptor opposite parties a chance to amend t......ellate Court below preferred Civil revision and obtained the present Rule. 5. The learned Advocate appearing on behalf of the pre-emptee‑petitioners submits that the preemptor opposite parties application for preemption is liable to be dismissed for their failure to implead necessary parties ..Category: Property Law | Date: | Hits: 155
.... the result, the Rule is made absolute in part and the case is sent on remand to the learned trial Court for disposal of the petitioner's application under Order 14 rule 2 CPC on hearing the parties afresh in accordance with law and in the light of the observations made above. There will be no order......udgment
Gour Gopal Saha J.- This Rule is directed against the order dated 22‑5‑1995 passed by the learned Subordinate Judge, 3rd Court, Mymensingh in Partition Suit No.141 of 1994 rejecting an application under Order 14 rule 2 of the Code of Civil Procedure and an application for rejection of..
Category: Procedural Law | Date: | Hits: 152
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....be communicated to the Secretary, Ministry of Home affairs, IGP Bangladesh, Deputy Commissioner, Laxmipur, Superintendent of Police, Laxmipur. 14. The learned Sessions Judge is directed to issue a fresh warrant of arrest against the convict Abul Hashem, son of Habibur Rahman as the warrant of acc......ashem son of late Habibur Rahman who was tried in absentia and sentenced to imprisonment for life in Sessions Case No.20 of 1988 by the judgment and order dated 31‑5‑1989. 4. On 11‑6‑97 an application was moved before the learned Sessions Judge stating that he is not the absconding accuse..Category: Criminal Law | Date: | Hits: 88
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ...... Lawyers Involved: S N Goswami, Advocate ‑ For the Petitioner. Not Represented ‑ For the State. Criminal Miscellaneous Case No. 2529 of 1997. Judgment Md. Nurul Islam J.- By this application under section 561A of the Code of Criminal Procedure accused petitioner Abul Kashem Bhui..Category: Criminal Law | Date: | Hits: 89
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ...... Zakir Hossain J Mahmudur Rahman Nazlu……………………...Petitioner Vs. State and another………………………Opposite Party Judgment January 22, 2012. Result: The application is rejected. Cases Referred to- Sonatoon Nessa Vs. Haipattullah Sarker, 41 DLR (AD..Category: Procedural Law | Date: | Hits: 167
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......ir Hossain MD., Unipay 2U (BD)Ltd..........................Petitioners Vs. State and another……………………………..Opposite Parties Judgment August 25, 2011. Result: The application is rejected. Lawyers Involved: M Amir-ul-Isam with Tania Amir, Advocates - For Pet..Category: Criminal Law | Date: | Hits: 123
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