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Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......he learned Assistant Judge failed to consider this legal aspect of the matter and committed substantial error in not impleading the petitioners as defendants in the suit. 6. The plaintiff-opposite-party No.1 entered appearance in the Rule and opposed the same by filing an affidavit-in-opposition ..Category: Procedural Law | Date: | Hits: 74
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......ssession in the CS khatian been wrong Rahmat Ali or his heirs would not have remained silent for about fifty years from the date of final publication of the CS khatian. Such exclusive possession of a party in the land for a long period should not be easily disturbed on the flimsy allegation of a co-..Category: Procedural Law | Date: | Hits: 85
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......p; others Vs. State, reported in 37 DLR 252 where it has been observed- "Law does not make any provision for deducting or excluding the time consumed by adjournments made at the instance by either party or due to the preoccupation of the Court itself or for other reasons." 7. In the case of Na..Category: Procedural Law | Date: | Hits: 80
Captain Md. Mobarak Hossain, Master, ATM Dolores Vs. MT Dolores and others, 1994, 23 CLC (HCD)
....e plaintiffs aforesaid claim. In the circumstances, the application for attachment/arrest of the defendant No. 1 vessel is rejected. Ed. This case is also Reported in: 47 DLR (HD) (1995) 80. ...... that defendant No.1 vessel has no assets in Bangladesh. The plaintiff submits that the principal defendant opposite parties are now making preparation to beach and scrap the defendant No. 1 opposite party vessel MT Dolores by transferring the same to a third party which is now lying at Jetty No.10 ..Category: Civil Law | Date: | Hits: 99
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....contesting defendant with a different ink showing subsequent writings. The learned Advocate for the appellant therefore, contends that the learned Additional District Judge without noticing the above defects in the alleged Bainapatra (Ext. 1) B. wrongly believed the case of the plaintiff Nuruddin An......compensation or solacium. But from the above decisions of our Court and some decisions of the Indian Jurisdiction we get some light on the exercise of discretion as to compensation or solacium to the party concerned by the Court. In the case of ML Devender Singh and others Vs. Syed Khaja, reported i..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... to section 42 of the Specific Relief Act and points out that no relief may be given unless consequential relief is prayed for. He further submits that the petitioner's Contempt Petition is bad for defect of parties since the decision taken was not taken by the contemnors, but by the Board of Tr......s Contempt Petition is bad for defect of parties since the decision taken was not taken by the contemnors, but by the Board of Trustees and no other members of the Board of Trustees has been made a party in the Contempt Petition. 17. With regard to the back salary, Mr. Islam submits that since ..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Abdus Sattar and another...........................Petitioners Vs. Md. Ali Hossain Prodhan.............................Opposite party Judgment August 20, 2009. Result: The Rule is discharged. Lawyers Involved: ..Category: Civil Law | Date: | Hits: 95
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141....... Joint District Judge, First Court, Chittagong, in Title Suit No.41 of 2000, allowing an application for amendment of the plaint. 2. Short facts leading to this Rule are that on 22-3-2000 opposite party No.1 as plaintiff instituted Title Suit No.41 of 2000 in the first Court of Joint District J..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......beas corpus or quo warranto, a Writ Petition can be filed only by a 'person aggrieved'. Thus in order to have locus standi to invoke the jurisdiction, an applicant has to show that he is an aggrieved party in an application certiorari, mandamus or prohibition. 42. The leading English case o..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......ordingly, he was added respondent No.5 by order dated 25-11-2008. He has not filed any affidavit-in-opposition. In the application, he has annexed Annexure-X-X(10). In the application for addition of party the added respondent No.5 stated that the writ petitioner No.159 Md. Golam Nabi is a fake free..Category: Others | Date: | Hits: 149
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......stice is simply that no person shall be deprived of any vested right by any order judicial or otherwise without a hearing before an independent authority, not interested in the proceeding or in any party to the proceeding. The frontier of natural justice with the progress of rule of law and esta..Category: Business or Commercial Law | Date: | Hits: 208
....to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside."
Preparation of paper book is dispensed with as prayed for.
Ed.
This Case is also Reported in: 9 ADC (2012) 265.......adesh and filed several criminal cases against him. The learned Advocate has argued also that the present petitioner being the Founder Director General of the Dayemi Complex Bangladesh is not a third party, but a very much aggrieved person and as such he is entitled to prefer criminal appeal and i..
Category: Procedural Law | Date: | Hits: 163
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......ed: AQM Safiullah, Advocate—For the Petitioner. No one appears—For the Opposite Party. Civil Revision No.3967 of 2005. Judgment Sharif Uddin Chaklader J.- This Rule by the opposite party No.1 petitioner directed against order No.4 dated 13-9-2005 passed by the learned District Jud..Category: Procedural Law | Date: | Hits: 126
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ...... pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the complainant opposite party No.2, Bangladesh Shilpa Bank as complainant, filed a complaint petitioner before the Court of ..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ...... so far it relates to her, would amount an abuse of process of the Court; and as such it is liable to be quashed. 5. Mr. AKM Fazlul Hoque, the learned Advocate appearing on behalf of the opposite-party No.2, Anti-Corruption Commission, submits in reply that the accused No.1, husband of the accus..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......f the Pakistani Company in respect of the industrial unit concerned have vested by operation of law cannot claim a higher right than the said owner in respect of the property in possession of a third party under a valid agreement, until and unless an appropriate action under Article 17 of the Presid..Category: Property Law | Date: | Hits: 79
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
....sonable doubt and instead, of the pistol alleged to have been recovered from the appellant bearing No.112581 a different pistol bearing No.1124681 was sent to the Arms Expert. In view of the palpable defect in the prosecution case the order of conviction and sentence was wholly illegal. The learned ......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310...Category: Criminal Law | Date: | Hits: 91
M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)
....ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......de of Civil Procedure filed by this present petitioner praying for dismissal of the suit. 3. The short facts necessary for disposal of this civil petition for leave to appeal are that the opposite party Nos.1-4 instituted Title Suit No.381 of 1984 in the 3rd Court of Subordinate Judge, Dhaka impl..Category: Procedural Law | Date: | Hits: 75
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....ovisions of law and as such the impugned dismissal order has been illegal. 8. However, considering the very allegations against the respondent-petitioner we do not think that for this procedural defect in the departmental proceeding the respondent-petitioner should be exonerated from the char......the departmental proceeding against this petitioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ..Category: Administrative Law | Date: | Hits: 263
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......ion in Civil Revision No.2044 of 2002 discharging the rule. 2. The relevant facts necessary for disposal of this civil petition for leave to appeal, in short, are as follows:- 3. The opposite party Nos.1 and 2, as pre-emptors, filed Miscellaneous Case No.2 of 1998 in the court of Assistant J..Category: Property Law | Date: | Hits: 98
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