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Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ction) Present: AK Badrul Huq J Tabibullah and others ………………..Petitioners Vs. Bangladesh and others....Opposite Parties Judgment April 4, 2007. Result: Petition for addition as opposite parties is allowed. Case Referred to- Parimal Majumder Vs. Abdul Sobh......1984 in First Court of the then Munsif, Dhaka impeding Government of The People's Republic of Bangladesh represented by Secretary, Ministry of Works and Urban Development and others as defendants for declaration that the notice contained in Memo No. 1107 dated 3-10-1984 issued by Sub-Divisional Engi..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
.... an issue of abatement of the suit, the actual date of death of the concerned plaintiff or the defendant is very much relevant. However, if the learned Judge finds that there are sufficient causes for non appearance of the petitioners before him in time, an inquiry about the date of death of the......ppears that one Amjad Hossain, predecessor of opposite party Nos.1-11, filed a suit being Other Class Suit No.25 of 1980 on 19.12.1980, in the Court Munsif, Thakurgaon," praying for a decree for a declaration that the preliminary decree dated 24.7.1964, in the Court of Munsif, Second Court, Sada..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
.... 25-04-1995 the opposite party No.1 as plaintiff instituted Title Suit No.115 of 1995 in the second Court of Subordinate Judge, Dhaka, impleading the petitioner and opposite party No.2 as defendants, for declaration that the plaintiff is the legal allottee and tenant under defendant No.1. On transfe......04-1995 the opposite party No.1 as plaintiff instituted Title Suit No.115 of 1995 in the second Court of Subordinate Judge, Dhaka, impleading the petitioner and opposite party No.2 as defendants, for declaration that the plaintiff is the legal allottee and tenant under defendant No.1. On transfer th..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....ak Chandra Majhi Vs. Atahar Ali Howlader and others, 13 BLT (AD) 3. Lawyers Involved: Mahbubey Alam, Senior Advocate with Samarendra Nath Biswas, Advocate - For the petitioners. No one for opposite party Nos.1-5 Mr. N.K. Shaha, Advocate - For added, opposite party Nos.6-14. Civil......g to this Rule are that on 01-07-1991 Fuljan Bibi alias Gedi Bibi (predecessor of the petitioners) as plaintiff instituted Title Suit No.138 of 1991 in the Third Court of Subordinate Judge, Dhaka for declaration that the registered kabala deed No.140 dated 13-01-1938 is collusive, fraudulent, void, ..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....o.6 of 2000 dismissing the suit have been called in question. 2. The opposite parties as plaintiffs instituted other class Suit No.06 of 2000 in the Court of Subordinate Judge, 1st Court, Magura for declaration that the Kabinnama registered on 06.07.99 was fake and fraudulent. 3. The plain......of 2000 dismissing the suit have been called in question. 2. The opposite parties as plaintiffs instituted other class Suit No.06 of 2000 in the Court of Subordinate Judge, 1st Court, Magura for declaration that the Kabinnama registered on 06.07.99 was fake and fraudulent. 3. The plaintiff..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
.... by the Subordinate Judge, Netrokona in other Class Suit No.310 of 1981 decreeing the suit on contest. 2. The plaintiff filed Other Class Suit No.310 of 1981 against defendant nos.1-3 and others for declaration of his raioti right in the land described in the schedule of the plaint (hereinafter......the Subordinate Judge, Netrokona in other Class Suit No.310 of 1981 decreeing the suit on contest. 2. The plaintiff filed Other Class Suit No.310 of 1981 against defendant nos.1-3 and others for declaration of his raioti right in the land described in the schedule of the plaint (hereinafter ref..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)
....d the judgment and order dated 17.2.2003 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.237 of 2002 rejecting the prayer under section 10 of the Code of Civil Procedure for stay of the subsequent Judge (Joint District Judge), 2nd Court, Dhaka. 2. The petitioner as p...... title Suit No.237 of 2002 against the Devendant Zaber Siddique, Adnan Siddique, Moulana Mohammad Baker Siddique Jounpuri, Babor Sidique before the Court of Joint District Judge, 2nd Court, Dhaka for declaration that the 'A' Schedule property as stressed property, a decree for khas possession of the..Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
....l effect.
2. The Respondent No.1 entered appearance by filing power but no affidavit-in-opposition has been filed.
3. Perused the writ petition and heard the learned advocate appearing for the petitioner and the learned Assistant Attorney General, appearing for the Respondent No.1.
...... Credit against master Letters of Credit sent by its foreign buyers, from time to time. The imported goods were stored without payment of the required customs duty, tax and other charges after proper declaration submitted with the authority and released from the warehouse for use for manufactur..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....hy a declaration should not be made to the effect that the petitioner was and continue to be in service with all attended benefits of pay and others service benefits. 2. The short facts relevant for the purpose of the case are that the petitioner obtained the degree of M.S.C from Rajshahi Unive......6.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure- 'B' should not be declared to have been made without lawful authority and be of no legal effect and why a declaration should not be made to the effect that the petitioner was and continue to be in service w..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
....n an exception has been taken to an order dated November 9, 1987 handed down by learned Assistant Judge, Bagerhat Sadar in the above stated suit by which a petition bestowed by plaintiffs-petitioners for amendment of plaint under Order 6, Rule 17 of The Code had been fired off. 3. Civil Revision ......ht on the legal controversy and these are: a. Petitioners as plaintiffs on 14.8.1986 instituted a suit being Title Suit No.511 of 1986 in the Court of Assistant Judge, Bagerhat Sadar, Bagerhat for declaration of title on the land described in schedule to the plaint. b. Defendants-opposite part..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....or Assistant Judge, Sundarganj, Gaibandha bearing Other Suit No. 145 of 2004 stating that he went to the victim's house on 8-6- 2003 and then the relatives of the victim confined him in the house and forcibly took signature in the book of Nikah Registrar for creating a Nikanama. The alleged marriage......2003 and then the relatives of the victim confined him in the house and forcibly took signature in the book of Nikah Registrar for creating a Nikanama. The alleged marriage was false. He prayed for a declaration that the alleged Nikanama was void and not binding upon him. Now the suit is pending in ..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
....urt, Comilla, in Title Appeal No.328 of 1992 affirming those dated 26-09-1992 passed by the learned Senior Assistant Judge, Sadar, Comilla, in Title Suit No.2 of 1991. 2. The facts involved for disposal of the rule are as follows: 3. The petitioner as plaintiff instituted Title S......owed the 2nd mortgage which no courts below did. He further submitted that both the courts below committed illegality in putting the present suit under law of res judicata though the earlier suit for declaration, of title and khash possession and the present one for redemption of mortgage and thus c..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....smissed. The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 92 Once a property becomes property of the deity, which is immortal and it continues to be a property of the deity for all times to come. Even if a particular image be destroyed, the deity whose visible form the ima......n No. 455 of 1981 making the Rule absolute. 2. Short facts are that the plaintiff instituted Title Suit No. 34 of 1970 in the 2nd Court of Subordinate Judge(now joint District Judge), Dhaka for declaration of title stating, inter alia, that the plaintiff is a Hindu Deity installed long ago in ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
.... those dated 15.4.02 passed in Other Suit
No.5/2000 by the learned Assistant Judge, Fulsuri, Gaibandha should not be set
aside.
2. The petitioner as plaintiff
instituted the suit on 29.2.2000 for declaration that the order of dismissal
from her service passed by the authority of Kanchipar......se dated 15.4.02 passed in Other Suit
No.5/2000 by the learned Assistant Judge, Fulsuri, Gaibandha should not be set
aside.
2. The petitioner as plaintiff
instituted the suit on 29.2.2000 for declaration that the order of dismissal
from her service passed by the authority of Kanchipara Co..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....dvocate-on-Record- For the petitioner. Abdul Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 47 of 2004. Judgment &......furnishes a statement or information which he knows or has reasonable cause to believe to be false, or not true, in any material particular, or (b) makes in any book, account, record, declaration, return or other document which he is required by an order under sub-section (1) to furn..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....rder dated 19.1.1997 passed by the Sessions Judge, Gopalganj in Sessions Case No.33 of 1996 convicting the appellants under section 302 of the Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of TK. 10,000/- each, in default of payment of which to suffer further r......nformant, his wife and nephew stabbed the deceased to death without camouflage. He further submits that on receipt of the injuries the deceased had no capability to speak. The story of dying declaration allegedly made by the deceased is a subsequent embellishment. So as benefit of doubt th..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
.... August 29, 2005. Result: The Rule is discharged. Section 114 of the Code empowers a Court to review its own judgment and make such order as it thinks fit thereon only when the prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code. Without sett......ent into to. It is also not entirely correct to say that the suit was dismissed for want of a prayer for consequential relief only. The Division Bench found that the plaintiff was not entitled to the declaration prayed for. 9. What Mr. Karim wants now is precisely an opportunity for amendment o..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....ri in Title Suit Nos. 71 of 1994 and 61 of 1994 dismissing the suits. 3. Respondent Nos. 1-52 in Civil Appeal No. 19 of 1996, and respondent Nos. 1-72 in Civil Appeal No. 20 of 1996 filed the aforesaid suits seeking the common relief i.e. declarations that excavation of the canal in the ......eals have been filed, that no leave was granted against the order of the High Court Division passed on February 20, 1995 in the Miscellaneous appeals. 9. The plaintiffs filed the suits seeking declaration that the acquisition of the land in suits were illegal. As against that the appellants i..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
...., Panchbibi in Family Suit No.36/1998 shall not be set aside. 2. Facts leading to this Rule, in short, is that the plaintiff-opposite party filed the Family Suit against the defendant-petitioner for dower and maintenance stating, inter alia, that they sworn an affidavit of marriage on 25.1.98 b...... case in her deposition which has been corroborated by other P.Ws. P.W.3 Advocate Md. Maksudur Rahman in his deposition in chief stated that he identified both the bride and bridegroom who made their declaration and put their signature in Ext. 2 in his presence. The Marriage Registrar P.W.4 has cate..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
.... in Election Tribunal Appeal No.1 of 2004, which set aside those dated 18‑7‑04 of First Court of Joint District Judge at Narsingdi in Election Tribunal Case No.1 of 2003 and declared the election for the office of Chairman of the Madabdi Pourashava held on 12‑6‑03 illegal and void. 2. O......issue facing us is, whether the conclusion of the Election Appellate Tribunal that the returned chairman was a defaulter and as such, disqualified on the date of scrutiny of the nomination papers and declaration upon such view of the election for the office of chairman of said Madhabdi Pourashava as..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
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