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Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
.... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ...... the earlier order dated 25.8.1984 passed in Title Suit No.225 of 1963. 2. The facts relevant for the purpose of disposal of this Rule are, that Amir Hossain, predecessor‑in-interest of opposite party Nos. 1 to 3, filed the said suit for partition and on the basis of compromise between the plai..Category: Property Law | Date: | Hits: 76
Abdul Jalil Vs. Chairman, Rural ElectriÂfication Development Board and others, 1992, 21 CLC (HCD)
.... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ......the works of respondent Board and that the Board being a juristic person it can sue and be sued as statutory Board and the decision having been taken by the Board and the Board having not been made a party the application is not maintainable. It is the further case of the respondent No.2 that it too..Category: Constitutional Law | Date: | Hits: 187
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......Code of Civil Procedure. 2. The case of the petitioner is that he failed Miscellaneous Case No.32 of 1983 under section 96 of the East Bengal State Acquisition and Tenancy Act against the opposite party pre‑emptee for pre‑emption of the land of Mouza Delua, SA Khatian No.831, Plot No.480 bein..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......nt and order dated 20.3.83 passed by the Assistant Judge (Munsif) 1st Court, Chittagong in Pre‑emption Case No.608 of 1979. 2. Facts giving rise to this Rule may briefly be put thus: Opposite party No.1 pre-emptor petitioner filed the pre‑emption case being Miscellaneous Case No.608 of 197..Category: Property Law | Date: | Hits: 72
....rly understood the purport of the impugned order restraining him from using the trade mark and copyright similar to that of the plaintiff though the ordering portion of the impugned judgment is a bit defective.
8. On consideration of the materials on record court below came to the finding that th......sdiction)
Present:
Kazi Ebadul Hoque J
Nasir Miah, Malik Nasir Soap Factory..............Petitioner
Vs.
Md. Anwar Hossain Executive Officer, Commander Soap Factory Ltd........Opposite party
Judgment
June 6, 1994.
Cases Referred To-
Iron‑Ox Remedy Co. Ltd Vs. Co‑Operat..
Category: Intellectual Property Law | Date: | Hits: 224
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......¦Opposite Parties Judgment June 12, 1994. Lawyers Involved: Nurul Islam Chowdhury, with Md. Khurshid Alam Khan, Advocates-For the Petitioner. Badruddin Ahmed, Advocate-For the Opposite party No.1. Civil Revision No. 336 of 1991. Judgment Md. Ruhul Amin J.- Defendant Nos.1-4 i..Category: Civil Law | Date: | Hits: 92
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......gage the agreement to reconvey must have been executed and registered by the purchaser himself or at best by his attorney constituted for that purpose and unless that is done, an agreement by a third party cannot be constituted as an agreement as provided under section 95A of the State Acquisition a..
Category: Property Law | Date: | Hits: 91
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ......t: Kazi Ebadul Hoque J Munshi Amiruddin Ahmed………………………………..Plaintiff Petitioner Vs. Begum Shamsun Nahar…………………………………..Defendant Opposite party Judgment July 21, 1994. Cases Referred To- Shamsuddin Ahmed Vs. Mohd. Hassan and o..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....ion of enforcement of Article 27 and Article 29 of the Constitution is involved in this case, we find this writ petition maintainable. 63. Mr. Khan has also argued that this writ petition is badly defective for non joinder of M/s Aminullah, Khondakar Md. Abu Bakar and Md. Hasan Amin as they will ......ul Islam Vs. Government of Bangladesh, 33 DLR (AD)201 lastly, Shafiuddin Ahmed Vs. Bangladesh, Writ Petition No. 2738 of 1992 of this Court). 59. In the last mentioned case to which one of us is a party the effect of arbitrariness on the equality Clauses has been elaborately dealt with and it has..Category: Employment/Service Law | Date: | Hits: 173
....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......defendant No.4 Basanta Kumar Swarnakar died on 29-11-72. As his son was not substituted as an heir, the son filed an application under Order 1, rule 10 of the Code of Civil Procedure to be added as a party to the suit. This application was rejected by the learned Subordinate Judge on 22-6-74. Therea..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique TexÂtiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......(2). The application shall be in writing and shall be numbered and registered as miscellaneous case between one or more of the parties interested as applicant or applicants and the remainder opposite party or opposite parties, if the application has been presented by all the parties, or, if otherwis..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56....... of the High Court Division, who by their judgment and order dated 4-8-80, rejected the reference application and ordered a fresh assessment on the findings (a) that the transaction through the third party disbelieved by the Inspecting Joint Commissioner of Taxes and TribuÂnal, is a question of fac..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....any equitaÂble relief. In the result, therefore, this appeal is alloÂwed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ...... informed of the recommencement of the Court's proceeding. If the court nevertheless proceeds to dispose of the suit without giving such notice the decree passed will not be nullity but the aggrieved party can reasonably complain that he was not aware of the last leg of the proceedings and the Court..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......ple, law and order situation has deteriorated to an alarming state seriously threatening peace, tranquillity, stability and life with dignity and bickeÂring for power among the members of the ruling party ignoring the duty to the state and jeopardising national security and sovereignty. AND W..Category: Constitutional Law | Date: | Hits: 181
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....ce of the record or proceeding connected therewith. The order passed by the Sales Tax Officer on 12-9-62 makes it clear that the sale of Til Oil and Linseed Oil was estimated at Rs. 1, 36,107 for the defect noted in the Income-tax assessment order and this mistake having come to his knowledge he had......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......ca) 81: “The view that we have taken amounts to this, that although an application under Order 9, rule 13 is maintainable, yet when the points involved in the suit have been re-agitated by a party by way of an appeal has been decided, the original decree is not merely merged in the appella..Category: Procedural Law | Date: | Hits: 80
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....onstruction of the house. The defendants contestÂed the suit, contending, inter alia, that they never defaulted in payment of rents, the notice under secÂtion 106 of the Transfer of Property Act is defective, that the plaintiff never collected rents in time, rather used to accept as and when neces......use. With these findings the Rule was discharged by its Judgment and Order dated 1-2-1993, passed by the High Court Division. 8. Leave was granted to consider as to whether the respondent-opposite-party was a defaulter or not. 9. By now it is well settled that once a tenant is found to be a de..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......ant in the premises. He instituted a suit being Title suit No. 72/ 60 in the 2nd Court of Munsif, Barisal, and obtained a collusive decree in the names of defendant 1 and 2, showÂing the plaintiff a party to the suit and on the basis of a forged solenama. The defendants denied the plaint allegation..Category: Property Law | Date: | Hits: 63
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......in respect of motor vehicle. Under section 47B(2) of the Act, the Government shall constitute a Claims Settlement Board. The decision of the Board is made final with an appeal to this Division by any party aggrieved by the decision. But no such appeal is provided for under section 47A of the Act in ..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......ch is fabricated to use as evidence of service of notice are annexed as Annexures-1, 2 and 3 to the affidavit-in-opposition entered on behalf of the petitioner against the application for addition of party dated 25-5-2000. 7. It is stated in the petition, that in any event the Secretary has no po..Category: Others | Date: | Hits: 123
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