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Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)

.... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observa­tions, these petitions are dismissed. Ed. ......ellip;……………………….Petitioners. Vs. Mizanur Rahman & ors...............Respondents, (in C.P. No 3/77. Bangladesh and ors. ..............   Respondents (In C. P. No. 4/77) Judgment January...... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observa­tions, these petitions are dismissed. Ed. ......hey arise from the same order of temporary injunction in a suit filed by the petitioners for permanent injunction. 2.  The suit property is a hat   known as Noapara hat and the plaintiffs claim it to be a wakf property, and that the wakf was created in 1946. Their further ca..

Category: Civil Law | Date: | Hits: 106

Bangladesh Small Industries Corpora­tion, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)

....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ...... Case is also Reported in: 29 DLR (SC) 41. ......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ...... with the defen­dants, and was heard by a disciplinary committee appointed by the local Dock Labour Board, who upheld the complaint and, purporting to act under clause 16(2)(c) of the Order gave the plaintiff Vine notice to terminate his employment with the defendants. His appeal to a tribunal set ..

Category: Employment/Service Law | Date: | Hits: 170

Managing Direc­tor, Janata Bank Vs. Hafijuddin Ah­med and others, 1977, 6 CLC (AD)

....sons set out in Civil Appeal No. 9 of 1975 and they need not be repeated here. With the modification set out above the app­eal is dismissed without any order as to costs. Ed. ....... Ed. ......sons set out in Civil Appeal No. 9 of 1975 and they need not be repeated here. With the modification set out above the app­eal is dismissed without any order as to costs. Ed. ......tute a suit against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief: Provided that no Court sh..

Category: Employment/Service Law | Date: | Hits: 70

Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)

....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......Ahsanuddin Chowdhury J Fazle Munim J Fazle Munim J Abul Layes.......................................... Appellant Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed and others. ………..Respondents Judgment August 18, 1976 Lawyers Involved: Abdul Mal......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......ructed by Md. A. Aziz, Advocate-on-Record—For Respondent Nos. 3, and 1. Civil Appeal No.11 of 1976 Judgment: Ahsanuddin Chowdhury J: This appeal by Special Leave is at the instance of the plaintiff and it arises out of a suit for ejectment of a monthly tenant. 2. The appellant filed a..

Category: Tenancy Law | Date: | Hits: 76

Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)

....for our interference.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......0.   The Code of Civil Procedure, 1908 (V of 1908), Order 41 rule 23 The High Court Division rightly found that the suit could not be sent back on remand for filling up lacuna. It also found that illegality has been committed in not calling for the ......for our interference.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ...... in Title Appeal No. 214 of 1990 allowing the appeal and sending the case back on remand for fresh trial.   2. The short fact leading to this petition is that, one Anwar Rahim as plaintiff instituted Title Suit No. 3 of 1988 for setting aside the ex parte decree passed in title..

Category: Property Law | Date: | Hits: 74

Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)

....nction in the present case.   Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......   Latifur Rahman CJ   Mainur Reza Chowdhury J   Md. Golam Rabbani J   Md. Ruhul Amin J   Ziauddin Ahmed and others..............Appellants   Vs.   Arab Bangladesh Ban......nction in the present case.   Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ...... dated 7 December 1998 passed by the Hi Court Division Dhaka in First Miscellaneous Appeal No.221 of 1995).   Judgment   Latifur Rahman CJ.- This appeal by the plaintiff-appellants is against the judgment and order dated 7-12-1998 passed by a Division Bench o..

Category: Civil Law | Date: | Hits: 112

Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)

....erlocutory matter.   With this observation this petition is disposed of.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 104. ......ior 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 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case ......erlocutory matter.   With this observation this petition is disposed of.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 104. ......o dispose of the suit expeditiously preferably within three months from the date of receipt of the copy of the judgment.   2. The short fact leading 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 Ac..

Category: Intellectual Property Law | Date: | Hits: 224

Sultana Jute Mills Ltd. Vs. Court of Subordinate Judge and Artha Rin Adalat & others, 2001, 30 CLC (AD)

....fore the trial court with liberty to adduce evidence. With that observation this petition is disposed of on condonation of delay. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 91. ......y CJ Mainur Reza Chowdhury J Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Sultana Jute Mills Limited.................... Petitioner Vs. Court of Subordinate Judge and Artha Rin Adalat and others.................. Respondents Judgment June 3, 2001. Res......fore the trial court with liberty to adduce evidence. With that observation this petition is disposed of on condonation of delay. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 91. ......k specifically stated that the petitioner failed to fulfill the conditions of the sanction letter and even did not express its concurrence to a draft compromise petition prepared by the lawyer of the plaintiff bank. The High Court Division held that mere acceptance of the terms and conditions of the..

Category: Civil Law | Date: | Hits: 109

Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)

....ence.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ...... Mahmudul Amin Choudhury J   Mainur Reza Chowdhury J   Md. Gholam Rabbani J   Md. Ruhul Amin J   Abdul Khaleque Gazi and others...................... Petitioner   Vs.   Abdul Aziz......ence.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ......Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17   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.  &..

Category: Procedural Law | Date: | Hits: 82

Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)

.... appeal. Accordingly, it is dismissed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 74.   ...... SR Pal, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record — For the Respondent.   Civil Appeal No.36 of 1993.   (From the judgment and Order dated 13-1-1993, passed by the High Court Division in Civil Revision No.828 of 1989). ...... appeal. Accordingly, it is dismissed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 74.   ......; Judgment                     Md. Abdur Rouf J.- This appeal, following leave, by the plaintiff is from the judgment and order dated 13-1-93 passed by a Single Bench of the High Co Divi..

Category: Property Law | Date: | Hits: 58

Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)

....this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 70.   ......nbsp;                             Bangladesh Bank and others.......... Petitioners   Vs.   Zafar Ahmed Chowdhu......this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 70.   ......itioners are bound by the order passed in Civil Miscellaneous Petition No. 534 of 1999. The learned Advocate contends that on being failure to dislodge the present Board of Directors previously the plaintiff of the earlier suit utilised his influence and got the present proceeding started under s..

Category: Business or Commercial Law | Date: | Hits: 131

Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)

....   The leave petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 68.  ......nbsp;                             Monir Ahmed and ors...............Petitioners   Vs.   Forest Rese......   The leave petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 68.  ......ent Case No. 112 of 193 1-32 from the Government and after his death one Iqbal Begum purchased the said land on 29-10-1951 from his heirs and then she gifted the said land to Md. Islam. Thereafter plaintiff No. 1 purchased 2.60 acres of land from said Md. Islam on 4-3-1981 and thereafter plainti..

Category: Property Law | Date: | Hits: 80

Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)

....gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62.   ......t: Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abul Khair (Md)................................ .Petitioner Vs. Pubali Bank Ltd. and another.................. Respondents Judgment June 26, 2000. The Code of Civil Procedu......gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62.   ......rd — For the Petitioner, Not Represented— For the Respondents. Civil Petition for Leave to Appeal No. 356 of 2000. Judgment AM Mahmudur Rahman J.- This petition for leave to appeal by plaintiff-petitioner is from the judgment and order of the High Court Division passed in Civil Revis..

Category: Civil Law | Date: | Hits: 105

Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)

.... of the Civil Revision No. 1900 of 1991 before the High Court Division.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 56. ......sp;             Nuruzzaman (Md)......................... Appellant   Vs.   Moazzem Hossain and others.............. Respondents   Judgment   December 5,...... of the Civil Revision No. 1900 of 1991 before the High Court Division.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 56. ...... did not enter into the merit of the revision case and discharged the Rule by his judgment and order dated 28-7-1997.   5. It has been argued that on the death of only one single plaintiff-appellant No. 1 (Kha) opposite party No. 2 in the Civil Revision and for non- substitution..

Category: Property Law | Date: | Hits: 46

Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)

.... the submission.   The leave petitioner is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 49 ......   Kazi Ebadul Hoque J   Moyenuddin Torafdar (Md) & others.............................Petitioner   Vs.   Tamijuddin Milky and others........ ...............................Respondents   Judgment &...... the submission.   The leave petitioner is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 49 ........Respondents   Judgment   July 10, 2000.   The Majority Act 1875 (IX of 1875), Section 3   The plaintiff-petitioner did not file the suit within three years of his attaining majority the suit be..

Category: Property Law | Date: | Hits: 49

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)

....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......il) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Islamic Foundation Bangladesh........... Petitioner Vs. Firoz Alam and others....................... Respondents Judgment August 12, 1999. The Code of Civil......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......for recovery of khas possession of the suit shop. The petitioner contested the suit. But the trial Court decreed the suit on the findings that Md. Ismail had been killed on 24 December, 1971 and that plaintiff had acquired title to the suit shop by way of inheritance. On appeal the High Court Divisi..

Category: Property Law | Date: | Hits: 107

Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)

.... plaintiffs.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 45. ......nbsp;                             Nurul Islam and others.................................... Petitioners       ...... plaintiffs.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 45. ......   The Specific Relief Act, 1877 ( I of 1877), Section 22   In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to delivery of possession and any trespasser in the suit property is liable t..

Category: Property Law | Date: | Hits: 64

Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)

....sion is set aside and the appeal is allowed without any order as to costs.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 38. ......nbsp; Mainur Reza Chowdhury J    Jatiya Party............................ Appellant   Vs.   Election Commission for Bangladesh and others................... Respondents   Judgment   Novemb......sion is set aside and the appeal is allowed without any order as to costs.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 38. ......sion is set aside and the appeal is allowed without any order as to costs.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 38. ..

Category: Election Law | Date: | Hits: 144

Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)

.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......164 ...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ...... Division Bench has come to our notice which may be said to support the view of Mr. Pal. It was an appeal arising out of the judgment and decree of refusal to grant Letters of Administration to the plaintiff by the Subordinate Judge. Jessore in Testamentary Suit No.26 of 1953. Initially the matt..

Category: Property Law | Date: | Hits: 67

Hussain Ahmed Chowdhury alias Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others, 1995, 24 CLC (AD)

....y comment. The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law. Ed. This case is also reported in:47 DLR (AD) (1995) 162. ......:47 DLR (AD) (1995) 162. ......y comment. The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law. Ed. This case is also reported in:47 DLR (AD) (1995) 162. ......Suit No.58 of 1962 of the Court of Subordinate Judge, Sylhet to the trial Court after setting aside the concurrent judgments and decrees of the courts below. 2. The predecessor of the appellant as plaintiff instituted the Title Suit stating, inter alia, that she got the Schedule‑1 land from her..

Category: Property Law | Date: | Hits: 46