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Displaying 2001-2020 of 2198 results.
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....on. By these Rules seniority of the ad‑hoc appointees is to be counted from the date of their original appointment on ad hoc basis, whereas their seniority was to be counted under the Rules then in force from the date of their regular appointment on the basis of recommendation of the Public Servic......ontends that if any fundamental right of the writ petitioners had been violated they should have better invoked clause (1) of Article 102 of the Constitution for enforcement of that right and not for declaration of their right under clause (2) of Article 102. As we have found from the facts of the w..Category: Employment/Service Law | Date: | Hits: 97
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....e land in suit asserting his title upon denying the title of the real owner to her knowledge as well as to the knowledge of others and since that date his possession continued uninterruptedly for more than twelve years. No particular point of time of assertion of adverse possession has been......o. 24 of 1992 reversing the judgment and decree dated March 7, 1992 of the Court of Assistant Judge, Sadar, Gopalganj, in Title Suit No. 218 of 1974 dismissing the same. The suit was filed seeking declaration of title by adverse possession and confirmation of possession in respect of 3.25 acres ..Category: Property Law | Date: | Hits: 59
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
.... Section 143 The Limitation Act, 1908 (IX of 1908), Section 120 Since possession of the plaintiff has been proved by oral evidence and otherwise, the suit is not barred by limitation for bringing the suit beyond six years from the publication of the S. A. record...(8) Lawye......94 by the learned Subordinate Judge, Munshiganj in Title, Appeal No. 36 of 1991 reversing those of the learned Assistant, Judge, Munshiganj dated 17-6-91 who dismissed Title Suit No. 36 of 1991 for declaration of title of 12 decimals of land out of 28 decimals of the suit plot. 2. Facts,..Category: Property Law | Date: | Hits: 43
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....te with him) instructed by Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal Nos. 96-98 of 2004 with Civil Petition for Leave to Appeal No. 558 of 2004. (From the judgment and order dated 14-7-2003 passed b...... Hossain as the Printer and Publisher on behalf of the Company in place of Mr. Motahar Hossain Siddiki. Mr. Motahar Hossain Siddiki resigned as the Printer and Publisher of the Company by giving a declaration in Form-C on 21-4-1985 and on the same date i.e. 21-4-1985, Mr. Anwar Hossain made a de..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
.... (I of 1877), Section 42 A plaint can be rejected under Order VII, rule 11 of the Code of Civil Procedure, if the defects mentioned in the petition are apparent on the face of the plaint. Before punishing the plaintiff under this provision the Court should carefully consider the nature o......cide the suit forthwith and to dismiss it under Order XVII, rule 3 or under the Courts inherent power………………………..(7) A suit for declaration as to entitlement of money is maintainable, with a consequential relief for a decree by..Category: Civil Law | Date: | Hits: 91
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....08), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and sent the case back to the trial Court for a retrial in accordance with law. This is evidently for the benefit of the petitioner. Filing o......eversing the judgment and decree dated November 18, 1987 of the Court of Assistant Judge, Upazilla Companiganj, Noakhali in Title Suit No. 54 of 1985 decreeing the same. The suit was filed seeking declaration that the judgment and decree dated 18-2-1980 passed in Title Suit No. 43 of 1978 is nul..Category: Property Law | Date: | Hits: 51
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....Court Division found the petitioner as an unauthorised occupant under a monthly tenant. He has obviously no right and title in the suit property. Consequently, he is not a necessary party to the suit for eviction of the monthly tenant. ………(10) Lawyers Involved: AJ Mohammad Ali, Senior A......ded in the suit though he was in possession of the petrol pump. 6. The petitioner also filed Other Suit No. 115 of 1993 in the Court of the Senior Assistant Judge, Second Court, Chittagong, for a declaration that the ex parte decree dated 13-10-1993 passed in Other Suit No. 98 of 1985 is illegal..Category: Tenancy Law | Date: | Hits: 72
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
.... The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to cl...... in Civil Revision No. 3100 of 2001 discharging the Rule. 2. The respondent as plaintiff instituted Title Suit No. 160 of 1997 in the 6th Court of learned Assistant Judge, Dhaka, for declaration of title and mandatory injunction for release of the property. The suit was filed with ..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....ant, Agrani Bank, and, as such, they are not defaulter borrowers, that the claim of the Bank to the extent to Taka 8,19,63,687.70 is false and without foundation, that in the suit they have prayed for injunction and also for recovery of Taka 13,77,93,429.21 on account of damage and compensation,......s are involved in manufacturing and export of readymade garments and enjoying loan, overdraft and banking facilities from the appellant Bank, that they have filed Title Suit No. 10 of 1998 seeking declaration that they do not owe any money on any account to the Bank i.e. the appellant, Agrani Ba..Category: Banking Law | Date: | Hits: 121
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....tten statement and ultimately disposing of the suit ex parte. It is evidently wrong and not maintainable in law. In the interest of justice, the case must be sent back on remand to the trial Court for giving reasonable opportunity to the appellant to contest the suit……..…&he......assed by the learned Assistant Judge, Bandar, Narayanganj dated 20-2-1997 in Title Suit No. 4 of 1996 decreeing the suit. 2. The plaintiff respondent No. 1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that the suit property..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....d by section 517 Cr.P.C. The High Court Division committed illegality, while issuing rule, granting ad interim bail to the accused and releasing the seized article simultaneously without any prayer for such release and that, before hearing of the rule on appearance of the Appellant…&hellip...... inter alia, that the respondent landed at Zia International Airport from Thai Airways on 10-11-1997 at 12-25 hours. After completing all formalities he came to the customs counter where he gave a declaration regarding micro oven only without giving any declaration of gold bars and computer proc..Category: Criminal Law | Date: | Hits: 57
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....ct IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaintiff is required to possess the suit land for more than sixty years. Thus the High Court Division was totally wrong in making the rule absol......t No. 123 of 1990 and Title Suit No. 14 of 1991. The present respondent Sree Ratan Chandra Sarker filed both the suits, Title Suit No. 14 of 1991 for partition and Title Suit No. 123 of 1990 for a declaration of title and for a declaration that the suit property was not an enemy property. The tr..Category: Property Law | Date: | Hits: 51
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....two hundred yards of the proposed site of construction of the Cinema hall. So “no objection” certificate issued by the Deputy Commissioner under section 5 of the Cinematograph Act 1918 for setting up a cinema hall in such a place is without any basis. Case Referred To: ......g those dated 5-1-1995 of the Assistant Judge, Bajitpur, Kishoregonj in Other Class Suit No. 88 of 1986 decreeing the suit. 2. The plaintiff filed the suit in representative capacity for a declaration that the NOC being No. 233/7 dated 25-3-1986 issued by the Deputy Commissioner, Kishor..Category: Property Law | Date: | Hits: 69
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....earlier convicted by the Additional District Magistrate, Mymensingh, in CR Case No. 219(1) of 1981 under section 467 read with section 109 of the Penal Code, and sentenced to rigorous imprisonment for 7 years along with fine of Tk. 10,000.00 each. Azimuddin had been acquitted by the trial Court;......of of the documents, a retrial was prayed for by the State, but it was refused by the High Court Division on the ground that three Civil Suits namely, OC Suits Nos. 206, 207 and 208 of 1981 seeking declaration that the disputed Sale-deeds are forged and void were pending in the court of the Subo..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....s. Union of India, AIR 1987 SC 232; AK Roy Vs. Union of India, AIR 1982 SC 710; KCG Narayan Deo vs. State of Orissa, AIR (1953), SC 379; Ontario vs. Reciprocal Insurers, 1924 AC 328; Attorney General for Alberta Vs. Attorney General for Canada, 1939 AC 117; Sheela Barse Vs. State of Moharastra, AIR ......with Articles 9, 11 and 59 of the Constitution. Article 7 (2) of the Constitution says that any law inconsistent with the Constitution shall be void. Learned Counsels for the appellants are seeking a declaration of nullity of the Repeal Ordinance on this ground. A law is inconsistent with another la..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... of 1988. On a report by Mr. AKM Fazlul Karim, the Subordinate Judge, Third Court, Dhaka, the High Court Division issued a Rule upon the appellant to show cause as to why he should not be committed for contempt of Court for publishing and making comments in the Bangladesh Observer dated February...... background of this case let me quote the report itself: "Mr. Rahimullah Chowdhury and another filed a suit on June 10, 1952 in the Subordinate Judge, 3rd Court, Dhaka for declaration of the title and khas possession of their lands measuring 1.72 acres in the Kakrail ar..Category: Criminal Law | Date: | Hits: 141
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....ess 9 kathas of land at Gulshan Residential Area, Dhaka at a consideration of Tk. 2,05,000.00 if paid in lump or Tk. 2,35,000.00 if paid in 4 successive annual instalments was issued to him by the former DIT on 14.9.79. On payment of one instalment on 8.10.79 respondent No. 4 was given possessio...... "It is expressly understood and hereby mutually agreed and settled between the LESSOR and the LESSEE that the Lease has been granted on the basis of the information furnished and declaration and statements made in the application and affidavit submitted by the LESSEE for allot..Category: Property Law | Date: | Hits: 110
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....Managing Director of Rupali Bank and others are the appellants. Plaintiff, an Assistant Cashier of this Bank is the main respondent, (No. 1). The matter arises from a suit filed by the respondent before the Assistant Judge challenging his termination from the appellants' service. He got a decree ......isputes. It was held by this Court that section 26 of the Local Government (Union Parishad) Ordinance, 1983, ousted, by necessary implication, the civil Court's jurisdiction to entertain a suit for declaration that the rejection of nomination papers by the Returning Officer was invalid, in view ..Category: Administrative Law | Date: | Hits: 130
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....en at the revision stage in a proper case and the minimum that is required to be found in such a case is that the presence of such a party is necessary within the meaning of Order 1 rule 10(2) CPC or for the ends of justice............(8) Lawyers Involved: TH Khan, Senior Advocate, (SK Sinha, ...... case briefly are that the predecessor of the appellants instituted Title Suit No. 41 of 1980, on transfer renumbered as Title Suit No. 629 of 1985 of the Court of Subordinate Judge, Sunamganj, for a declaration that the suit land was not an enemy property and for permanent injunction against the de..Category: Property Law | Date: | Hits: 67
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....ected against a concurrent Judgment refusing to reject the respondent’s plaint under Order VII, rule 11 of the Code. 2. The plaintiff-respondent instituted Money Suit No. 272 of 1983 before the Third Court of Subordinate Judge, Dhaka asserting, inter alia, that the defendant, a tradi......loyee's Union PLD 1967 Dacca 190 for the proposition of law that a plaint may be rejected under the inherent jurisdiction of the court where the suit is impliedly barred. In that case the suit for declaration that the terms and conditions imposed upon the service of the members of the plaintiff ..Category: Business or Commercial Law | Date: | Hits: 124
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