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Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219....... Sajjad Ali Chowdhury, Advocates - For Petitioner. No one - For the Opposite Parties. Criminal Revision Case No. 38 of 1986. Judgment AKM Sadeque J.- This Rule obtained under Section 439 and 435 of the Code of Criminal Procedure is directed against the judgment and order purported to ha......ved at by the learned Magistrate are wrong and insupportable by evidence and law. 6. Now so far as the appraisal of the evidence is concerned I am of the view that the learned Magistrate has not properly assessed the same. I have been taken through the deposition of the witnesses for the compla....... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219...Category: Criminal Law | Date: | Hits: 70
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ......ule is discharged. Cases Referred to- 5 BCR (AD) (1985) 413; 28 DLR 375; 17 DLR 424; 20 DLR (SC) 211. Lawyers Involved: Shah Mohammad Sharif with Fakhrul Islam, Md. Abdus Satter Howlader and Farid Ahmed, Advocates - For the petitioner. Abdul Quayum with Yousuf Hossain Humayun, Sobo....... It is submitted that P.W.1 the petitioner staled in his deposition that the counting was done in insufficient light and that P.W.2 Abdus Shahid, an election agent, also stated that counting was not proper. He further submitted that P.W.3 Abdul Quddus, a member-candidate of ward No. 2 staled that......erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ..Category: Election Law | Date: | Hits: 163
....n vested in the Government under the President's Order or that his, right or interest in the building has not been affected by the provisions of that Order." He submits that the petitioner can obtain complete relief from the Court of Settlement and since an alternative equally efficacious remedy h.......4.86 (Annexure E) so far as it relates to the petitioner's house at serial No. 41 under the heading "Motijheel Commercial Area" shall not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The petitioner staled that she purchased the land measuring .70 ......titioner was a politician belonging to the Muslim League. He was out of Bangladesh at the time of liberation of the country. The petitioner's house at 10/1, Toynbee Circular Road, Dhaka and her other properties were attached by the Government of Bangladesh as collaborator's properties under the Bang......tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
..
Category: Property Law | Date: | Hits: 171
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ...... Alam & others..............................Opposite Parties Judgment January 23, 1989. Result: The Rule is made absolute. Cases Referred to- Sukra Mahto Vs. Basudeo Kumar Mahto and another, AIR 1971 (SC) 1567; Ayeasha Bi Vs. Pear Khan Sahib, AIR 1954 (Mad). 741; Mohammad Isa V......d in R.S. Plot No. 341 of CS Khatian No. 315 and RS Khatian No. 322 of Mouza Barabo, Shaymali within Mohammadpur P.S. The petitioner's mother had appointed care taker Abdul Kalam to look after that property. He had been residing therein in, a cottage constructed by the mother of the petitioner. Mr......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ..Category: Criminal Law | Date: | Hits: 77
Abdul Majid Molla Vs. The Election Commission, Dhaka & others, 1989, 18 CLC (HCD)
....t any order as to costs. This judgment, however, will not prejudice the rights and remedies of the respondents in any other forum. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 178. ......sion ordering a re-poll at Chouhat Primary School centre, in addition to the list furnished by the District Election Officer, Dhaka, shall not be declared to have been made without lawful authority and to be of no legal effect and why the said respondent No.1 shall not be directed to cancel, resci......ed 11.2.88 submitted by the Presiding Officer of the aforesaid centre to the Election Commission. In the said report he confirmed the allegations of the respondent No.8 and stated that there was no proper election at the said centre after 10 A.M. In annexure Y it is found that one Md. Ziaul Islam,......t any order as to costs. This judgment, however, will not prejudice the rights and remedies of the respondents in any other forum. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 178. ..Category: Election Law | Date: | Hits: 167
Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)
.... 2. Case of the respondents in brief is that they were appointed on different dates as sweepers and other posts under 53 Thana Education Project Officers against a project. The Project was due to complete in December, 1999 but it was extended from time to time and the respondent’s service were......esent: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, DhaKa and others ...........................Petitioners Vs. Mini Begum and others………………......ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ......ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ..Category: Employment/Service Law | Date: | Hits: 133
Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)
....of paper book is dispensed with as prayed for. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ......reme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Mosammat Rahima Khatun and others...................Petitioners Vs. Emran Ali and others................................... Senior Advocate appearing on behalf of the petitioners, submits that the prima face title and possession was clearly found by the learned Assistant Judge in favour of the plaintiffs but this was not properly controverted by the Appellate Court, as such, the judgment of the Appellate Court was not......of paper book is dispensed with as prayed for. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ..Category: Property Law | Date: | Hits: 51
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....(a)(b) of the Easements Act and therefore a revocation of redundant licence cannot be prevented by injunction. 20. We are in respectful agreement with the observations as hereinbefore which are in complete accord with the view we have taken that an agreement or a licence which is made revocable b......High Court Division (Civil Appellate Jurisdiction) Present: Anwarul Hoque Choudhury J Kazi Ebadul Hoque J Ministry of Communication, Railway Division, People's Republic of Bangladesh and others……………Appellants Vs. Md. Ferozur Rahman & ors…………….Respondent......n, his right to such service during his contractual period cannot be taken away without the due process of law, arbitrary and mala fide. It is arbitrary because the licence had been cancelled without proper notice which, according to the learned Counsel be, two months' notice in case of violation of...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......d. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......arge, the evidences, the impugned judgment and also other materials on record, firstly, submits that it is in fact a case of no evidence against the appellants and they have been most illegally and improperly convicted and sentenced. He does not dispute the commission of the dacoity as alleged. His ...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ..Category: Criminal Law | Date: | Hits: 76
Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)
....ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......igh Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Shafiuddin Sarwar………………Petitioner Vs. Dhaka Club Limited and others…………………Opposite Parties Judgment April 29, 1993. Cases Referred to-......the order dated 20.4.93 passed by District Judge, Dhaka in Miscellaneous Appeal No.84 of 1993 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. It appears that the plaintiff petitioner instituted Tide Suit No.56 of 1993 in the Cou......ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ..Category: Civil Law | Date: | Hits: 87
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......his Case is also Reported in: 56 DLR (2004) 495....... the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer-in-charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court." This section deals with the manner of presentation of a jail appeal. Thi......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......aneous Case No. 1209 of 1995. Judgment Sheikh Rezowan Ali J. - On an application by the convict petitioner, namely Md. Ayub Ali a Rule was issued calling upon the Deputy Commissioner Chittagong and the complainant opposite party No. 1 to show cause as to why the proceedings of CR Case No. 1017......peal date 11‑2‑95 by the Sessions Judge. Chittagong in Criminal Appeal No. 34 of 1995 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts relevant for the purpose of disposal of this rule, in short, are that having fou......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ..Category: Criminal Law | Date: | Hits: 87
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....der: "sale is a transfer of ownership in exchange for a price paid or promised or part paid and part promised." The definition of sale as quoted above clearly shows that in order to make a sale complete consideration has to pass. Both the Courts below having concurrently found that as the plai......DLR (2004) 477. ......passed by the Assistant Judge, Ramgati in Title Suit No. 9 of 1988 decreeing the suit should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. Opposite party No. 1 as plaintiff, filed the suit for declaration that the sale deed m......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ..Category: Property Law | Date: | Hits: 80
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....under Order XXXIX rules 1 and 2 of the Code of Civil Procedure. In the applications, it is stated that the plaintiff got a work order for earth filling of Taka 27,30,37,523. By the time the plaintiff completed work in ten groups of the value of Taka 42 crore. Time to time, the plaintiff received run...... ......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ...... accepted on the basis of the record. Defendants now clearly claim that the plaintiff already received about Taka 69,45,548 in excess, Such claim and counter‑claims make one thing clear that before adjudication on evidence oral and documentary that the parties may adduce at the trial of the suit, ..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468....... maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......9 passed by the Assistant Judge, Nesarabad in Title Suit No. 16 of 1989 dismissing the suit should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioners as plaintiffs instituted the said suit for declaration that the deed o......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Uttara Bank Ltd...............................Petitioner Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......eedless to say that such transfer of the undertaking did not impact and/or affect the status of the plaintiff as he had in the Uttara Bank vis‑a‑vis Uttara Bank Ltd, subject however, to the final adjudication in the suit. 29. Lastly, the issue remains for answer as to whether the suit as fram..Category: Employment/Service Law | Date: | Hits: 174
....urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749.......) (1993) 749.......ated 15.9.92 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No.162 of 1992 should not be set aside and/or pass such other or further order or orders as to this Court may deem fit and proper.
2. At the time of issuance of the Rule no ad‑interim order was passed by this Court. Si......urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749...
Category: Company Law | Date: | Hits: 181
....' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......y of Works & others…………………..Respondents
Judgment
July 29, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Rahela Khatoon Vs. Chairman, Court of Settlement and others, 45 DLR 5; Hosne Ara Begum Vs. Chairman, Court of Settlement and another, Civil Petition ......Rule Nisi was issued calling upon the respondents to show cause as to why the enlistment of House No.9/1, Block 'F', Joint Quarter, Mohammadpur Housing Estate, Dhaka in the 'ka' list of the abandoned properties published on September 23, 1986 in Bangladesh Gazette Extraordinary at page 9762 (26) aga......' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
..
Category: Property Law | Date: | Hits: 81
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....hman submits that the Syndicate brought about the change in the name of Salimullah Muslim Hall as Salimullah Hall amending clause 8(2) of the First Statutes of the Dhaka University Ordinance, 1961 in complete compliance of the requirements of section 31 of the said Ordinance and the changed names co......ecial Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Raquibuddin Ahmed………………………………….Petitioner Vs. Syndicate, Dhaka University and others…………….Respondents Judgment March 22, 2004. Result: The Rule is made ...... us. In the first place it must be remembered that the Rule which says that the Court may not inquire into belated and stale claims is not a rule of law, but a rule of practice based on the sound and proper exercise of discretion and there is no inviolable rule that wherever there is delay the Court......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63...Category: Civil Law | Date: | Hits: 63
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......t Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Abdur Rahman (Md.) & another...........Petitioners Vs. Government of Bangladesh and others..............Respondents Judgment July 10, 2004. Result: The Rule is discharg......ned in Annexure‑'I') shall not be declared to have been made without lawful authority and is of no legal effect and or such order or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner is that three individuals being sons of late Hari Prashanna......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ..Category: Property Law | Date: | Hits: 113
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