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Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....ties Judgment July 23, 2002. Result: The Rule is discharged. Lawyers Involved: Bashiruddin Ahmed, Advocate ‑ For the petitioner. Md Salahuddin, Advocate ‑ For the opposite party. Civil Revision No. 3537 of 1995 Judgment MA Wahhab Miah J. - This Rule was issued ca......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. ......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)
....dated 08‑01‑03 defendant No. 1 admitted that 72.83% of the work was completed and by memo dated 27‑01‑03 he informed that the work of group A, B and C was satisfactory. 7. Upon hearing the parties, learned Joint District Judge by impugned order, the learned Joint District Judge rejected t...... in Title Suit No. 1 of 2003, which rejected a prayer for mandatory injunction. 2. On 25‑02‑03 the plaintiff instituted the suit first for several declarations and for mandatory injunction for payment of Taka 22,000,000 within seven days. Subsequently, by an amendment of the plaint on 27‑01......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. ..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....titioners. AH Farooqui with AM Ruhul Quddus, Advocates - For the Opposite Parties. Civil Revision No. 2608 of 1991. Judgment MA Wahhab Miah J. -This Rule was issued calling upon opposite parties Nos. 1‑3 to show cause as to why the judgment and decree dated 26‑5‑1991 passed by the......n religious or charitable purposes. These purposes may be divided into two classes, namely: (a) The performance of the obsequial ceremonies of the deceased owner mentioned in C1 (I) below, and the payment of his debts mentioned in col (iv) below, (b) The performance of religious ceremonies of ......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)
....med Chief Justice. Learned Chief Justice was pleased to direct us to hear and dispose of the matter. 3. Defendant No. 1 Uttara Bank obtained the Rule against aforesaid decree of reversal. Opposite party No. 1, Syed Abidur Reza as plaintiff on 17‑3-82 instituted Title Suit No. 97 of 1982 again......r Assistant of Uttara Bank are hereby terminated under Clause 18(b) of Bank's Staff (Service) Rules, 1965 with immediate effect. Upon termination of his service as aforesaid, he is entitled to get payment of his legal dues from the Manager, Uttara Bank, Sylhet Branch subject to adjustment of Bank......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. ..Category: Employment/Service Law | Date: | Hits: 174
....ul‑ul‑Hoque with Sharaful Islam Khan, Advocates ‑ For the Opposite Party No.7.
Civil Revision No. 2762 of 1992.
Judgment
Amirul Islam Chowdhury J.- This Rule was issued on the opposite party Nos. 1 and 2 to show cause as to why the order dated 15.9.92 passed by the Subordinate Judge, ...... Transcom Limited the defendant No.7 in the share Register of the Company.
e) To pass a decree restraining the defendant No.7 from purchasing the shares of M/s NV Philips defendant No.6 and making payment thereof to M/s NV Philips the defendant No.6.
f) All costs of the suit.
3. After insti......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
....ed the documents and papers with assurance to the petitioner to execute and register a proper conveyance deed after completing all formalities. But the said vendor subsequently avoided to perform his part of the contract whereupon the petitioner filed Title Suit No.249 of 1984 in the First Court of ...... No.588‑AO, dated 12.6.62 followed by proper conveyance deed dated 16.1.1963 leasing out the land to him for a period of 99 years and transferring to him by hire purchase the house built thereon on payment of the cost of the house; that Md. Zahoor having paid the cost and the entire consideration,......' 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
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....ll have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any port in England or Wales in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of duty or breach of contract on t......banker, defendant 11 Janata Bank opened the letter of Credit in favour of the supplier, Devon Industries Sd. Bhd for US $ 17,91,845.60 through Standard Chartered Bank, Singapore Branch, Singapore and payment was available to the supplier, by a draft drawn on the plaint at sight for 100% invoice valu......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nt by the predecessor of the three plaintiffs was recorded in SA Plot No.1730 with an area of .20 acre. In the course of the said suit there was a Commission to ascertain whether SA Plot No.1730 is a part of CS Plot No.3600 and the Advocate Commissioner in his report stated that SA Plot No.1730 has ......79 in respect of 0.0667 acre of the suit land and paid rent for the same. The petitioners have annexed the Mutation Khatian in the name of the said Sunil Kumar Ghosh, duplicate carbon receipt showing payment of separation fees and rent receipt under Annexures 'D', 'D(1)' and 'D(2)' respectively. The......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
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
....ntor. No notice under section 9 was served upon him. The defendant No.3 also filed an additional written statement by denying his signature on guarantee form and after considering the evidence of the parties and the documents which have been exhibited the Bankruptcy Court allowed the suit. Being agg......at the Agrani Bank, Gulshan Branch, Granted a loan of Taka 28,6000 to the respondent Nos.2 and 3 and the appellant stood guarantor for the loan. Both the borrowers and the guarantor have defaulted in payment of the loan despite repeated demands and the plaintiff served formal demand notices upon the......se No.13 of 2002 in the Court of Bankruptcy Court and Additional District Judge, Dhaka. 3. The case of the plaintiff‑respondent Bank, in short, is that the Agrani Bank, Gulshan Branch, Granted a loan of Taka 28,6000 to the respondent Nos.2 and 3 and the appellant stood guarantor for the loan. B..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....17-11‑2003 when the import of Iron and Steel Rerollable Scraps by the commercial importer was permissible, as such, the petitioner cannot be subjected to any kind of suffering for no fault on his part, the impugned order is liable to be declared to have been passed without lawful authority and i......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
....yers Involved:
JN Deb, Advocate‑For the Petitioner.
Not one appears- For the Opposite Parties.
Civil Revision No. 3699 of 2002.
Judgment
Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why impugned order No.104 dated 10‑6‑2002 passed ......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51...
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......ty in presence of her father in lieu of balance dower and money given by her for construction of the building and also delivered possession of the same to her. Since then she had been living there on payment of municipal taxes, rent, etc. through her defendant husband who had no subsisting interest ......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ..Category: Property Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....unnahar and while in possession of the said land by growing paddy and making dwelling hut, was forcibly dispossessed from the suit land by the defendants on 9‑6‑1991. 3. The defendant-opposite party No.1 contested the suit by filing written statements and stating that he purchased the suit la......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
..... Civil Revision No. 8766 of 1991. Judgment Sk Rezowan Ali J.- On an application by the petitioner under section 115(1) of the Code of Civil Procedure a Rule was issued calling upon opposite party No. 1 to show cause as to why the Mentioned judgment and order dated 11‑3‑1989 passed by t......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..Category: Property Law | Date: | Hits: 79
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....ust Bank, Gulshan Corporate Branch, Dhaka as equitable mortgage to secure credit facilities. The petitioner company, writ respondent No.4 the owner of the property, and Trust Bank entered into a tripartite agreement whereby the petitioner made payment of a big amount to the Bank in order to make t......quitable mortgage to secure credit facilities. The petitioner company, writ respondent No.4 the owner of the property, and Trust Bank entered into a tripartite agreement whereby the petitioner made payment of a big amount to the Bank in order to make the land owner free from liability. The petitio...... as suffering from lack of jurisdiction; IV. Whether the High Court Division acted illegally in setting aside the orders passed by the Artha Rin Adalat, inasmuch as any bank, in order to recover a loan, would file an Artha Rin Suit in the Artha Rin Adalat and the suit filed by a bank in the Artha..Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....pon receipt of the balance amount of Tk. 45,000/-. The plaintiffs offered the balance consideration amount and requested the defendant to execute the sale deed but the latter refused to perform his-part of obligation. 3. Defendant contested the suit denying all material allegations made in the ......earned Judges of the High Court Division on consideration of the materials on record interfered with the judgments of the Courts below on the reasonings that since the plaintiffs failed to prove part payment of consideration amount, they are not entitled to a decree for specific performance even i......fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..Category: Civil Law | Date: | Hits: 55
....vision in Civil Revision No. 3847 of 1996.
2. The respondent No.1, as plaintiff, instituted Other Suit No. 35 of 1990 before the Court of Senior Assistant Judge, 3rd Court, Sadar, Chittagong for partition on declaration of title and recovery of possession of the suit land described in the sch...... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
...... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
..
Category: Property Law | Date: | Hits: 49
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....ected against the judgment and order dated 20.04.2008 passed by a Division Bench of the High Court Division in Death Reference No.85 of 2004 with Jail Appeal No.578 of 2004 accepting the Reference in part so far as it relates to condemned-prisoner Dipak Datta Bhola and dismissing the jail appeal. ......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....rected against the judgment and decree dated 21-8-95 passed by the learned Senior Assistant Judge, Rajshahi Sadar in SCC Suit No.8 of 1992 decreeing the suit. 2. The case of the plaintiff opposite-party in short is, that the defendant-petitioner had been a monthly tenant under the original landlo......gularly but because of the warm relationship the landlord did not grant him rent-receipts regularly and in good faith he did not insist on it. As a matter of practice he used to give receipts against payment of rent for several months at a time, although he paid rent to his landlord regularly. It ha......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ..Category: Property Law | Date: | Hits: 64
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
.... the year 1992 (Annexure-F). It was numbered as Payment of Wages Act Case No.21 of 1993. The Chairman, Third Labour Court, Dhaka, the respondent No.3 by his judgment dated 28-2-94 allowed the case in part and directed the petitioner to pay Taka 50,400.00 to the respondent No.1 within 30 days from th......s, totaling Tk. 1,76,349.90 (Annexures B and B-1). Respondent No.1 received the amount in full and final settlement of his account with the petitioner company on 11-1-93 confirmed by duly signing the payment receipt that he had no further claim. 3. The respondent No.1 sent a grievance petition da....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ..Category: Labour and Industrial Law | Date: | Hits: 255
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