Search Options
Judgment Advanced Search
Displaying 2381-2400 of 3784 results.
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....dence such as record of rights of Asmat Ali, the rent receipt showing payment of rent in the name of Asmat Ali he opined that the plaintiff’s claim both for title and possession is not supported by any valid and cogent evidence. Then the learned Assistant Judge proceeded to determine the maintaina......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......ion of rent decree No. 860/31 auction sold the land of CS Khatian No. 687 and Asmat Ali Howlader auction purchased the land with his own money and got possession in the land. While Asmat Ali had been proceeding to annul the encumbrance as regards under tenancy of Khatian Nos. 688 and 689 there had b..Category: Property Law | Date: | Hits: 98
Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)
....med and Ibrahim constructed the house ejmali along with the defendant. The defendant No. 1 purchased 0.½ decimals of land on 29-8-81 by a kabala from the heirs of Wahed but the defendant did not get any possession of the same. This defendant was never a tenant under the plaintiff and this defendant...... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510.......t get share in the suit property. The learned Judge has observed that on the pleadings of both the parties it appears that there is a serious question of title involved in this Small Cause Courts Act proceeding. As the suit is a Small Cause Courts Act suit there is hardly any scope to go in details ..Category: Civil Law | Date: | Hits: 89
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....tion of the defendant No. 1 the plaintiff then opened one Import LC in favour of Orient Fabrics and Garments Ltd. for an amount of US Dollars 546178.02 for the importation of fabric from the said company and another Import LC for US Dollars 12,500 for importing accessories from Royal Thread Industri...... payment and receipt of the same could be restrained by an order of injunction. 9. Mr. Khandaker Mahbubuddin, the Senior Counsel for the plaintiff/appellant, who commence his submission at a later stage, contended the decisions in the case of Sarhind Garments Vs. Glory Truth Industries Ltd. repor......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....ved the Pre‑emptor petitioner preferred First Miscellaneous Appeal No. 121 of 1997 which was heard by this Court it was categorically contended by the petitioner therein that he did not ever submit any petition seeking mutation of the land purchased by him from the opposite party Nos. 5 and 6 in 1......n observed”……………the evidence offered by the appellants to prove that the respondent was no longer a co-sharer was already produced before the trial Court, but this was done only at a late stage of the trial. The evidence was not considered by the trial Court for this reason. It was not p...... J.- This First Miscellaneous Appeal is directed against the judgment and order dated 28‑2‑2001 passed by the learned Subordinate Judge, 1st Court, Rangpur in Miscellaneous Case No. 25 of 1995 (a proceeding under section 24 of the Non-Agricultural Tenancy Act) disallowing the pre-emption. 2..Category: Property Law | Date: | Hits: 53
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
.... restrained from obstructing the plaintiffs in performing their functions till disposal of the suit. By order No. 8, the defendants by an order of ad-interim injunction, are restrained from holding any discussion on agenda No. 6 to the notice of the Annual General Meeting No. BHMMA K(23)/2002‑20......ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211....... 7. I have heard the learned Advocates of both the sides and perused section 12 of the Trade Organisations Ordinance. The said provision envisaged that in case of any dispute in respect of an act or proceeding of a trade organisation or its Executive Committee, the concerned member may refer such d..Category: Civil Law | Date: | Hits: 74
Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)
....me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200.......or return of summons after taking cognizance. The accused petitioner on coming to know about the cue surrendered before the Court of Magistrate who enlarged the accused petitioner on bail and at this stage the accused petitioner moved this petition and obtained this Rule in which further proceeding ......f 2001. Judgment Md. Ali Asgar Khan J.- This Rule on an application under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceeding of Petition Case No. 689 of 1999 under section 138 of the Negotiable Instruments Act now ..Category: Criminal Law | Date: | Hits: 28
Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)
....astly returned on 7‑6‑1999 and legal notice were served on the petitioner on 17‑6‑1999 and 21‑6‑1999 which are within 15 days of the receipt of information return. As such, we do not find any illegally in it. So, in our view the present application under section 561A of the Code of Crimi......re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199.......on 7-6‑1999 with remark that the account was closed. He then submits that since the legal notices were not served upon the petitioner after expiry of 15 days from first return of the cheques, the proceeding cannot continue and thus the same is liable to be quashed. 5. On the other hand, the l..Category: Banking Law | Date: | Hits: 191
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....as abandoned property under PO No. 16 of 1972 and has been managing the property through different tenants. Its further case is that since the property has already been declared as abandoned property any transfer of the same subsequent thereafter is void and barred under Article 6 of PO No. 16 of ......e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......Consequently, the appellant instituted Title Suit No. 1013 of 1980 in the 1st Court of Subordinate Judge, Dhaka for specific performance of contract and got a decree, and in pursuance of an execution proceeding she obtained a sale deed on 19th November, 1982 executed and registered through Court. Th..Category: Property Law | Date: | Hits: 65
.... which was not in that letter. The petitioner requested the respondent Bank to draft the solenama in accordance with the terms of the agreement stated in their letter, Annexure-B, but did not get any result and thus, the petitioner has been compelled to come to the High Court Division.
3. Mr....... the above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 995.......rit petitioner for realization of outstanding loan amounting to TK.21, 01, 03,665.30. The writ-petitioner then filed another writ Petition No.6667 of 2003 in the High Court Division challenging the proceeding of that Artha Rin Suit and obtained Rule and also an order of staying the proceeding of t..
Category: Banking Law | Date: | Hits: 191
....nts did not pay the price despite repeated demands. Defendant No.1 assured the plaintiff to resolve the matter and requested it to continue the supply of fish feed but the defendant No.1 did not make any arrangement for payment of outstanding price. Ultimately the defendant No.2, owed a sum of Tk.......o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991.......make any claim against the defendant No.1, there is no scope on the part of the defendant No.7 to make counter claim against the plaintiff. In this regard the trial court observed that an arbitration proceeding is pending between the plaintiff and defendant No.7. On the other hand, the learned Judge..
Category: Civil Law | Date: | Hits: 96
....r-appellants arose out of judgment and order dated 1st and 2nd November, 2003 passed by the High Court Division of the Supreme Court of Bangladesh in Contempt Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting the appellants for contempt of Court and sentencing them to pay f...... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971....... by the aforesaid order dated 17 May 2003.
12. Ultimately, certain members who initiated the matter for seeking extension of time for holding AGMs were obliged to file an application for drawing proceeding for contempt to which the contemners filed objections upholding their views for not hol..
Category: Criminal Law | Date: | Hits: 60
....t. Therefore the High Court Division rightly discharged the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 964.
......t. Therefore the High Court Division rightly discharged the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 964.
......d on the basis of ex parte deposition the suit was decreed ex-parte in preliminary form on 20.06.1999 and the final decree was signed on 18.01.2001.
5. Being aggrieved by and dissatisfied with the proceeding and subsequent order passed in Artha Zari Case No. 325 of 2004 the petitioner preferred W..
Category: Civil Law | Date: | Hits: 96
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
.... that the said Hatem Ali Sharif and thereafter the plaintiff Nos. 1 and 2 respectively have been paying rates and taxes in respect of said 13 decimals of land and enjoying usufructs therefrom without any objection from any quarter. The appellate Court further observed that though the certified cop...... first suit, as to all points and refusal to settle a scheme for partition in a previous suit does not operate as a bar to a subsequent suit to have a scheme framed when the reasons arises at a later stage and without considering this vital legal aspect the High Court Division set aside the judgment......petitioners are permitted to prepare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ..Category: Property Law | Date: | Hits: 45
....so stated that the petitioner is a regular income tax payee and regularly submits his tax return with wealth tax statement to the Income-tax authority and the authority duly accepted the same without any objection. All on a sudden the Bureau of Anti Corruption issued the impugned notice on 22.3.2003......ffidavits, annexures appended thereto and the relevant provisions of law.
9. On perusal of the impugned notice dated 22.3.2003, it appears that the same is preliminary in nature and at an initial stage, hence it is not fare enough to infer anything adverse on it at this stage. Admittedly the Ant......we like to quote a few lines from the judgment passed in the case of ACC Vs. Sheikh Hasina reported in 60 DLR (AD) 172.
“The notice contemplated under the Act is not issued in the context of any proceeding initiated against writ petitioner nor is the petitioner an accused in any proceeding”.
..
Category: Anti-Corruption Laws | Date: | Hits: 171
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
....g been challenged by the Petitioner by filing Writ Petition No. 2794 of 2001 which is still Pending before the Court for disposal, the respondents were legally bound to refrain themselves from taking any action against him till the disposal of that criminal case in view of the Provision of regulatio......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ..Category: Employment/Service Law | Date: | Hits: 104
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
.... to file Commission fee of Tk.1000/- by 4th September, 1997. On the date fixed, the defendants did not file the Commission fee. On the next date on 25th September, 1997 the defendant did not take any step in the matter and the matter was fixed on 18th October, 1997 for submitting commission fee.......ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931.......d considered the submissions made by the learned Advocate appearing for the leave petitioner. 7. The learned Advocate found it difficult to overcome the laches on the part of the petitioner in proceeding with the case. The learned Advocate however tried to put blame on the learned Advocate of..Category: Civil Law | Date: | Hits: 63
Alauddin Vs. State, 1999, 28 CLC (HCD)
....e the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 was in force and in view of provisions of section 2 of that Ordinance, the provisions of that Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force. The ingredients of the offence of s......fter investigation, police submitted charge-sheet under sections 366/379 of the Penal Code and as such, the case was being tried by Additional District Magistrate, while the trial was going on at one stage, an application was filed on behalf of the prosecution for sending the case record to the Seni......istant Attorney- General— For the State. Criminal Miscellaneous No. 827 of 1994. Judgment Hamidul Haque J.- This Rule was issued calling upon the opposite party to show cause as to why the proceedings of Special Tribunal Case No. 12 of 1994 arising out of GR No. 78/89 now pending in the C..Category: Criminal Law | Date: | Hits: 29
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....rm service as contained in Memo. No. SEC/DA/343/699/85/400 dated 20.7.86 (Annexure F) issued by the Secretary of Bangladesh Textile Mills Corporation shall not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The petitioner joined the Bangladesh Textil......tained. In view of the fact however that we find no illegality or irregularity in the enquiry proceedings itself, we hold that the respondents are free from proceeding against the petitioner from the stage of the second show cause notice, if they so desire. The petitioner may be given a copy of the ......pposition. It is submitted that the petitioner was afforded full opportunity to defend himself and the appointing authority having found that the petitioner's guilt was established by the enquiry proceedings awarded him the punishment he deserved. 7. Although Mr. Abdur Rab Chowdhury, the lear..Category: Employment/Service Law | Date: | Hits: 73
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....uring the exchange of hot words the accused at one stage gave the complainant a blow on his face which caused immediate removal of two teeth of his upper jaw. On the alarm raised by the complainant, many people came at which the accused went away. The accused was treated by a doctor on 7.9.82 at...... to why he had stolen and sold the rubbish of the building already purchased by him. Because of this challenge there ensued an altercation when during the exchange of hot words the accused at one stage gave the complainant a blow on his face which caused immediate removal of two teeth of his upp......ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ..Category: Criminal Law | Date: | Hits: 35
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....nd a general average guarantee for the said amount for salvage and/or towage of the defendant No. 1, ocean going Vessel M.V. CORINA belonging to the defendant No. 3 Messers Platina Shipping Company Limited. 2. The plaintiff, Trading Corporation of Bangladesh, a statutory body with its Hea...... or general average loss has been determined by Adjusters, I do not consider it necessary to express any opinion on the nature of the loss and the liability of the interest or the interests at this stage in deciding the preliminary objection on the want of jurisdiction of this court. The other p......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
44134409440744064405440343954392438343824378437443684366436243604357435143504349