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Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
.... Miscellaneous Appeal No. 221 of 1995 reversing the judgment and order dated 8-7-1995 passed by the Subordinate Judge. First Court, Comilla in Title Suit No. 4 of 1995 arising out of an application for temporary injunction. 2. The appellants as plaintiffs filed Title Suit No...... the money to defendant No. 1 then the plaintiff will be deprived of their shares and it will be difficult to realise the money from defendant No. 1 and, as such, the plaintiffs filed the suit for declaration that the FDR and saving accounts opened in the name of deceased N Ahmed and Latifa Akht..Category: Civil Law | Date: | Hits: 112
Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)
....AK Mujibur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1159 of 1999. (From the judgment and order dated 21 Ap.......... Respondents Judgment March 29, 2001. The Service Rules of Petro Bangla, Rule 9 The declaration does not put an embargo on the employer to look into the personal record of the declara..Category: Employment/Service Law | Date: | Hits: 71
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
....cord—For the Petitioner M Shafique Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 221 of (From the Judgment and Order dated 29-06-2000 p......g to this petition is that the plaintiff respondent filed Title Suit No.3 of 1999 under section 20(2) and 21 of the Trade Marks Act, 1940 in the Court of the learned District Judge, Kishoreganj for declaration of title on the proprietary right relating to the Trade Mark “ghori” for wa..Category: Intellectual Property Law | Date: | Hits: 224
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....) Rules, 1983, Rules 39(4) Where the contesting candidates or their agents are not present the presiding officer is not debarred from counting of votes and prepare statement in form “K” and such preparation of the statement without signature of the candidate or hi......ted Chairman of No.3, Citholia Union Parishad in Parshuram Police Station, District Feni illegal and without lawful authority. 2. Writ-petitioner-respondent No.1 challenged the declaration made by respondent No.6, Returning Officer, declaring the appellant (respondent No. 8 i..Category: Election Law | Date: | Hits: 124
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
.... Amendment allowed as per direction of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with law and calls for no interference. Lawyers Involved: MA Jalil, Adv......ldquo;Salishnama” which was the basis of the plaintiffs’ claim. Thereafter the plaintiffs filed a petition for amendment of the plaint seeking to incorporate some more reliefs by way of declaration of title and confirmation of possession and that amendment was allowed by the trial Cou..Category: Procedural Law | Date: | Hits: 82
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for determination of the real question of controversy between the parties the same cannot be allowe......1985 (originally numbered as Title Suit No.326 of 1982 of the Court of the Munsif, First Court, Dhaka) allowing amendment to the plaint. 2. The plaintiff, initially, sought for declaration of his title to and recovery of khas possession against the defendant in respect of 0.0..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....Senior Advocate with him), instructed by Ataur Rahman Khan, Advocate Record—For the Respondent. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 245 of 2001. (From the judgment and order dated 18-1-......led by Akhteruzzaman Chowdhury Bangladesh Bank was not a party and in that suit composition or the functioning of the Board of Directors was in challenge. Plaintiff Akhteruzzaman Chowdhury wanted a declaration that they are lawfully appointed Chairman and Directors of the Board of UCBL by virtue ..Category: Business or Commercial Law | Date: | Hits: 131
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
....der VII rule 11 Cause of action Only the averments made in the plaints are to be considered to come to a finding as to whether those disclose a cause of action and while deciding an application for rejection of the plaint the court must not travel beyond the averments made in the plaint............. plaintiff-petitioner is from the judgment and order of the High Court Division passed in Civil Revision No. 2786 of 1996 making the Rule absolute. 2. Plaintiff filed Other Suit No. 53 of 1996 for declaration and permanent injunction stating that at the relevant time he was AGM of the respondent ..Category: Civil Law | Date: | Hits: 105
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
....980 (VII of 1981), Section 4(2) The National Board of Revenue passed the impugned order refusing to grant antedated seniority. NBR is the final higher administrative authority for the purpose of granting antedated seniority so the question of filling an appeal to higher admi...... of National Board of Revenue are seeking leave to appeal from the impugned judgment of the Administrative Appellate Tribunal. 2. Respondent No. 1 filed the aforesaid case praying for three declarations namely, (1) declaration that he was entitled to get ante-dated seniority as Assistant ..Category: Administrative Law | Date: | Hits: 93
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
....ode of Civil Procedure, 1908 (V of 1908) Order XXII rule 9 The suit as a whole had not been abated on account of death of one of the appellants during pendency of the appeal before pronouncement of the judgment of the appeal. The suit being one for declaration of title the r...... The suit as a whole had not been abated on account of death of one of the appellants during pendency of the appeal before pronouncement of the judgment of the appeal. The suit being one for declaration of title the revision arising from the decision of the appellate decree is required to ..Category: Property Law | Date: | Hits: 46
Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
....ority Act 1875 (IX of 1875), Section 3 The plaintiff-petitioner did not file the suit within three years of his attaining majority the suit being filed challenging the solenama forty-fifty years after it was made. So whether he was minor at the time of filing of the solenama ......ed 27- 8-1996 passed by a Single Judge of the High Court Division in Civil Order No. 3504 of 1996 summarily rejecting the revisional application. 2. Plaintiff filed a suit for declaration of title of the suit land and also further declaration that sole decree dated 18-7-1934..Category: Property Law | Date: | Hits: 49
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....on-Record— For the Petitioner Mustafa Niaz Mohan2rnad, Advocate, instructed by Azra Ali, Advocate-on-Record — For Respondent No.1. Not Represented — Respondent Nos.2-10. Civil Petition for Leave to Appeal No. 820 of 1999. (From the judgment and order dated 24 June 1999 passed by th......f 1988. In that suit the predecessor of the respondents namely, Khairunnessa, claimed herself to be the successive heiress of one Md. Ismail, a lessee in respect of the suit shop No. 49, and sought a declaration that she was entitled to continue as a lessee therein under the petitioner. She also pra..Category: Property Law | Date: | Hits: 107
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
.... Judgment February 27, 2001. The Bangladesh Service Rules, Part I, Rule 72(b) The review forum having found the respondent honourably acquitted, the Tribunals below rightly held that the ......No.83 of 1998 affirming the judgment and order dated 16-8-1998 passed by the Administrative Tribunal in Tribunal Case No.51 of 1997. 2. The respondent instituted the case for a declaration that the notification dated 6-6-1996 passed by the Government is void, illegal and with..Category: Administrative Law | Date: | Hits: 117
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....Ishtiaq Ahmed, Senior Advocate, (Rokanuddin Mahmud, Senior Advocate with him) instructed by Sharifuddin Chaklader, Advocate‑ on ‑Record‑ For the Respondent. Civil Petition for Leave to Appeal No. 333 of 1995. (From the Judgment and Order dated 23.2.95 passed by th......tating that the respondent had secured more than the minimum pass marks in English and that the decision given by the Board after scrutiny was not based on the said report and hence die suit for a declaration that he has passed the said Examination held in 1993 and for a mandatory injunction dir..Category: Constitutional Law | Date: | Hits: 182
....n the material evidence on record and to finally dispose of the case. . . The suit being an old case of 30 years the remand order ought not to have been made so lightly without any justifiable ground for remand………………………………………..(7)
Lawyers Involved:
Nazrul Islam Ch......Magh, 1365 BS but in vain. Despite protests the defendants constructed huts, latrine, etc. although they had no right, title or interest in the suit land. Hence, the plaintiff instituted the suit for declaration of title in the first schedule land and for removing the huts and other structures of th..
Category: Property Law | Date: | Hits: 46
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....ministrative Tribunal in Administrative Tribunal Case No. 29 of 1990. 2. Respondent No.1 Hasem Ahmed Bhuiyan filed an application under section 4(1) of the Administrative Tribunal Act. 1980 for a declaration that the order of the appellant dated 31.11.1988 compulsorily retiring him from s......rative Tribunal in Administrative Tribunal Case No. 29 of 1990. 2. Respondent No.1 Hasem Ahmed Bhuiyan filed an application under section 4(1) of the Administrative Tribunal Act. 1980 for a declaration that the order of the appellant dated 31.11.1988 compulsorily retiring him from service..Category: Administrative Law | Date: | Hits: 138
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....irected against the judgment of a Single Judge of the High Court Division passed in Civil Revision No. 3823 of 1991 (Dhaka), remanding Title Suit No. 912 of 1975 to the Assistant Judge, Chuadanga, for hearing of the suit afresh. 2. Plaintiff‑respondent instituted the aforesaid suit ......3823 of 1991 (Dhaka), remanding Title Suit No. 912 of 1975 to the Assistant Judge, Chuadanga, for hearing of the suit afresh. 2. Plaintiff‑respondent instituted the aforesaid suit for declaration of title to the suit land and for other relief’s on the averments, inter alia, th..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
.... M H Rahman CJ: The appellant filed a miscellaneous case under section 74 of the Trusts Act, 1882, FMA No. 74 of 1992 before the Court of Additional District Judge, First Court Dhaka, praying for his appointment as a tr......ject matter of the alleged Trust, in favour of himself. In the aforesaid circumstances respondent Nos. 1 to 3 had to file Title Suit No. 78 of 1992 in the 4th Court of Subordinate Judge, Dhaka for declaration and partition on 20 April 1992. 3. The summons of that suit was served upon the..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....cturer and seller of homeopathic medicines under the name and style of SB Memco Laboratory at his village Kulkurmal, Police Station Rangunia, District Chittagong. He obtained a loan from pro‑forma defendant No. 2 Janata Bank, Laldighi East, Chittagong on an equitable mortgage of the land a......particular case. If a decision has been made upon solemn argument and mature deliberation, the presumption is in favour of its correctness, and the community have a right to regard it as a just declaration or exposition of the law, and to regulate their actions and contracts by it. It would,..Category: Business or Commercial Law | Date: | Hits: 114
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....w, namely, application of section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985), briefly, the Ordinance. Accordingly they are taken up together for disposal although the facts of the two cases are different and they arise out of two different......puty Commissioner, Housing and Settlement issued, a notice upon the appellant to show cause why she should not be evicted from the case property. The appellant filed Title Suit No. 332 of 1982 for declaration of title against the Secretary. Ministry of Public Works and others. The suit was decre..Category: Property Law | Date: | Hits: 86
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