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Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....ule 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 setting aside the ex parte d......e and ought to readmit the appeal to its file and number on vacating the order passed on 23-10-2008 dismissing the appeal for default. Learned Advocate in support of his submission, relied on the decision of Abdul Quddus (MD) Vs. Md. Mobarak Hossain, 51 DLR (AD) 54, where Full Bench of the Appel..Category: Procedural Law | Date: | Hits: 154
....bmitted on 5-9-2005 through the Local Agent, Reliant Offered 25,000 MT of the goods. Upon finding Reliant's bid to be acceptable, BCIC issued a purchase Order No.PUR-3. 1812/2006-2007/CT-172 (F) /941 dated 19-10-2006 ('the Contract') to the Local Agent for 25,000 MT of the goods (Annexure-A). Prior ......ant purpose being served under Section 7ka (1), there is always the guarantee under Section 7Ka (6) that in the event of a possible conflict between an order by the Arbitral Tribunal and this Court's decision under Section 7Ka relating to the same object or measure of protection, then to the extent ..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....Parties Nos.1‑3. Civil Revision No.660 of 1993. Judgment Md. Joynul Abedin J.- This Rule at the instance of the purchaser-pre‑emptee petitioner calls in question the Judgment and order dated 28‑11‑92 passed by the Additional District Judge, First Court, Sylhet dismissing Miscellan......or the preemptee to lead evidence to the effect that the 'left‑out co‑sharers' still got interest in the land sought to be pre‑empted. The High Court Division in this connection relied upon the decision of Motilal Sikder's case in which it was observed that the positive injunction as to partie..Category: Property Law | Date: | Hits: 155
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... upon the respondents to show cause as to why the order of warrant of commitment of sentence of imprisonment passed by the District and Sessions Judge (Acting) and Additional Sessions Judge, Laxmipur dated 2‑6‑97 vide Annexure A treating the detenu as absconder convict Abul Hashem and his order ...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ..Category: Criminal Law | Date: | Hits: 88
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....h clean hand. 8. In the application for restoration no explanation has been furnished by the petitioner or his learned Advocate what step was taken from 12-7-2011 to 3-1-2012. 9. In the order dated 11-12-2011, rejecting the application for default, it has been categorically mentioned that on......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. ..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. ...... 11. From the perusal of the definitions of Money Laundering and the Predicate offence it also appears that the matters need to be examined by the trial Court on examination of evidence to reach a decision whether the allegation as brought against the petitioners is under Money Laundering Prevent..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
.... Druta Bichar Tribunal No.4, Dhaka, for confirmation of sentence of death, awarded by him upon accused Zakaria Kabiraj convicting him under sections 302/34 of the Penal Code by the Judgment and order dated 31-1-2007 passed in Druta Bichar Tribunal Case No.5 of 2006, Criminal Appeal No.690 of 2007 an......s been built up relying on the hearsay evidence only which is neither credible nor legal. The Tribunal being misconceived and misdirected of the facts and circumstances of the case arrived at a wrong decision in finding the accused guilty under section 302/34 of the Penal Code. He also submits that ..Category: Criminal Law | Date: | Hits: 147
....ee was plaintiffs appeal was dismissed. The High Court Division in Civil Revision No.3519 of 1993 set aside the judgments and decree of the Courts below and decreed the suit by its judgment and order dated 7‑7‑1997. The High Court Division also directed to restore possession of the suit property......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
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Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
.... material allegations put forth in plaint. C. Eighteenth Defendant drew his last on 28.12.1985 and his heirs had been substituted as Defendant nos. 18(ka)-18(gaha) who are Petitioners. Order No.50 dated 8.8.1989 indicates that summons upon substituted Defendant nos. 18(ka)-18(gaha) had been serve......oke Kumar Paul, Advocate - For Opposite Parties. Civil Revision No.3928 of 2006. Judgment AK Badrul Huq J.- Destiny of Civil Revision Case hinges on answer to following probes: I. Whether decision recorded by Court of First instance and maintained by Court of Appeal in not restoring Titl..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....ry of Law, Justice and Parliamentary Affairs and Mr. Kazi Habibul Awal respectively, contested the Rule by filing separate Affidavit-in-Opposition. The Respondent No.5 filed a Supplementary Affidavit dated 21.11.2008. 3. We have perused the writ petition and the Affidavits-in-Opposition arid the ......e posts in the Ministry of Law from the post of Deputy Secretary and above including the post of Secretary but appointment of any judicial officer in any authority other than judiciary is against the decision of the Masder Hossain's case and that at the present there being no qualified person except..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....f law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Let a Rule Nisi calling upon the respondents to show cause as to why the judgment and order dated 16.10.2005 passed by respondent No.1 (Annexure-C) should not be declared to have been passed w......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: | Hits: 138
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
....ng upon respondent No.1 to show cause as to why he should not be directed to cancel the proceedings of Agenda No.3 of the Selection Committee of Bangladesh Agricultural Development Corporation (BADC) dated 29.12.2002 and 1.1.2003 (Annexure-P) promoting respondent Nos. 8-15 to the post of Manager/Joi......y amended the Service Rules, 1972 in its 7m Board meeting held on 19.12.1989 introducing the system of viva-voice for promotion to the post of Executive Grade and onwards. On the basis of the amended decision of the Board of Directors of BADC dated 19.12.1989, 29 officers of whom 25 officers who are..Category: Employment/Service Law | Date: | Hits: 144
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....03. Judgment Siddiqur Rahman Miah J.- The revisional application under section 115(1) of the Code of Civil procedure at the instance of the plaintiffs is directed against the judgment and order dated 22.07.2002 and another order dated 27.08.2002 passed by the learned Joint District Judge, firs......nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ..Category: Property Law | Date: | Hits: 85
....eath of Md. Serajuddin approached respondent No.1 a number of times in writing and also by appearing before him to mutate the names of the heirs of late Md. Serajuddin in terms of the said lease deed dated 26‑8‑60. On 28‑7‑87 the heirs of late Mr Serajuddin applied to the Assistant Secretary......t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
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Category: Property Law | Date: | Hits: 119
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
.... Assistant Attorney‑General ‑ For the State. Criminal Appeal No. 866 of 1994. Judgment MM Ruhul Amin J.- This appeal is directed against the Judgment and order of conviction and sentence dated 26‑5‑94 passed by the learned Additional Sessions Judge and Special Judge, Court No.3 Tang......rial Court for comparison and examination of the signatures on the back side of the cheque in question with the specimen admitted signature of the accused by handwriting expert to arrive at a correct decision. 24. Mr. Saha submits that retrial should not ordinarily be ordered unless there is suff..Category: Criminal Law | Date: | Hits: 88
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....l ‑ For the State. Criminal Appeal No.241 of 1998. Judgment Kazi Ebadul Haque J.- This appeal at the instance of the convict Md. Shafiqul Islam is directed against judgment and order dated 20‑1‑1998 passed by the Nari‑O‑Shishu Nirjatan Daman Bishesh Adalat, Satkhira in Nari ......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ..Category: Criminal Law | Date: | Hits: 89
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....and for a further declaration that the petitioner is not liable to pay Taka 13,28,270.00 or any other amount to Pubali Bank Limited as claimed by Pubali Bank Limited against LC No. PBL/FEB/SEM/492/88 dated 30‑07‑1988. Subsequently thereto, on 14‑104992 Pubali Bank Limited filed Money Suit No.1......t Act. 11. He contends that interlocutory order passed by the Artha Rin Adalat is not amenable to revisional jurisdiction under section 115 CPC. 12. In support of his contention he referred two decisions, the case of Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others reported in 14 ..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....rty Nos.1-8, 11-14, 16, 17, 29-31, 34-37, 60-67. Civil Revision No. 3550 of 2004. Judgment Syed Md. Ziaul Karim J.- This Rule, calls in question the legality and propriety of the order dated 24-06-2004 passed by the learned District Judge, Manikganj, in Title Appeal No.81 of 1984, rej...... and given my anxious consideration to their submissions. 11. Now the question calls for consideration whether the Court of appeal below committed any error of law resulting in an error in the decision occasioning failure of justice in passing the impugned order. 12. On going to the materi..Category: Procedural Law | Date: | Hits: 114
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....k, (2) Jahangir Mallick, (3) Mosharaf Hossain @ Mosharaf Hossain Bepari, (4) Kalu Sheikh alias Abul Kalam and (5) Kana Musa alias Moslem Sheikh have challenged the propriety of the Judgment and order dated 13.3.1991 passed by the learned Sessions Judge, Pirojpur in Session Case No.18 of 1987 convict......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ..Category: Criminal Law | Date: | Hits: 78
....
Tufailur Rahman with Ms. Umme Salma, Advocates - For the opposite party No.2.
Civil Revision No.120 of 2009.
Judgment
Sheikh Abdul Awal J.- This Rule calls in question an order No.17 dated 27.08.2008 passed by the Court of District Judge, Dhaka in Money Execution Case No.4 of 2004 r......n law in passing the impugned order without properly his judicial mind into the facts and circumstance of the case and law bearing on the subject and the same has resulted in an error in the impugned decision occasioning failure of justice. Mr. Razzaque to fortify his submission has relied on the de..
Category: Civil Law | Date: | Hits: 178
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